25 Pa. Stat. § 2951

Current through P.A. Acts 2022-37
Section 2951 - Procedure upon ascertaining offices

When the board shall have ascertained all offices to be filled at the ensuing municipal election, it shall proceed, as already provided in this article, if it is still possible to secure nominations for such offices in accordance with this article at the primary election. But if notice of an impending change in classification, as hereinbefore provided for, does not come to the election board in time for it to ascertain the county offices for the primary election, then all candidates who have been or are nominated for county offices pursuant to subdivision (a) or to subdivision (b) of this article shall, in all cases where the offices for which they are nominated are the same under the county's present classification and under its new classification which is impending as a result of the Governor's certification, be the candidates for those offices, except for deaths or withdrawals provided for in this act: Provided, however, That no office which is not automatically established by law for the impending classification shall be deemed to be established by this section. Any nomination, either for joint county offices or for any separate county office, when such offices or office will become either partly or wholly separate, or will become joint with one or more presently separate county office, upon the ensuing first Monday of January, shall not be construed as a nomination for any of the said offices, but any person being such a nominee may be nominated for any new office or offices ascertained. All offices ascertained, which are to be filled at the municipal election in anticipation of the new classification and for which nominations have not been made pursuant to the foregoing provisions of this subdivision, may have candidates nominated for them as if vacancies had occurred as to the candidates for such offices and as if they were substituted nominations, in accordance with the procedure, insofar as it is applicable, provided by sections 979, 980 and 981(b) of this act, for substituted nominations, except that the cause of vacancy set out in the nomination certificates shall not be death or withdrawal, but that the office was not ascertained for nominations in time for the regular procedures established by this article.

Upon the ascertainment of the offices to be filled at the ensuing municipal election, if it shall appear that any candidates have been or will be nominated for offices which are to be abolished as a result of the impending change in classification, the county board of elections shall proceed to keep off or to remove from the ballots or ballot labels all such nominations, together with the offices involved.

Upon the ascertainment of offices to be filled at the municipal election pursuant to notice of change in classification, the board shall give notice of all such offices by newspaper publication, at least twice, in accordance with section 106 of this act, indicating whether the nominations thereto were obtained at the primary election or are to be obtained as hereinbefore provided. Notice of the November election shall be given, as provided in section 1201 of this act, and shall set forth, (1) any existing county offices which will cease to exist on the ensuing first Monday of January, indicating that those offices and any candidates therefor will not appear as such upon the ballots or ballot labels; (2) existing county offices which will subsist and the candidates therefor; (3) county offices which will come into existence on the ensuing first Monday of January and the candidates therefor.

25 P.S. § 2951

1937, June 3, P.L. 1333, art. IX, § 991, added 1951, May 24, P.L. 363, § 1.