Section 55530 - Vacancies in General(a) If a vacancy occurs in the office of township commissioner, auditor, controller, or tax collector by death, resignation, removal provided in section 604, termination of residency from the township or ward in the case of a ward office, or by failure to take the required oath, give required bond or provide the affidavit required under section 501, or otherwise, the board of commissioners shall fill the vacancy within thirty (30) days by appointing by resolution a registered elector of the township or ward in the case of a ward office, in which the vacancy occurs. If a person other than an individual is appointed to fill a vacancy in the office of tax collector under section 503(a)(2)(ii), the person shall not be required to file the affidavit required under section 501. An individual appointed as a tax collector under section 4.2 or 4.4 of the act of May 25, 1945 (P.L. 1050, No. 394), known as the Local Tax Collection Law, shall not be required to file an affidavit required under section 501.(a.1) The following shall apply: (1) A vacancy shall not be created by a resignation until the date that the resignation is accepted by a majority vote of a quorum of the board of commissioners at a public meeting or the effective date of the tendered resignation, whichever is later. The board of commissioners must accept a resignation no later than forty-five (45) days after it has been tendered in writing to the board of commissioners, unless it is withdrawn in writing prior to acceptance.(2) A resignation that is not accepted as provided under paragraph (1) shall be deemed accepted after forty-five (45) days.(b) If the board of commissioners of any township shall refuse, fail, or neglect, or be unable for any reason whatsoever, to fill a vacancy within thirty (30) days after the vacancy occurs, then the vacancy board shall fill the vacancy within fifteen (15) additional days by appointing a registered elector of the township or ward in which the vacancy occurs. The vacancy board shall consist of the board of commissioners and one registered elector of the township, who shall be appointed by the board of commissioners at the board's first meeting each calendar year or as soon thereafter as practical. The registered elector shall act as chairperson of the vacancy board and shall serve as the chairperson until the chairperson's successor is appointed.(b.1) If the vacancy board does not fill the vacancy within fifteen (15) days, the chairperson shall, or in the case of a vacancy in the chairpersonship the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy by appointing a registered elector of the township or ward, in which the vacancy occurs.(b.2) If there are vacancies in a majority of the offices of commissioners, the court of common pleas shall fill the vacancies upon presentation of a petition signed by not less than fifteen (15) registered electors of the township.(b.3) The registered elector appointed to fill a vacancy shall hold the office until the first Monday in January after the first municipal election occurring more than sixty (60) days after the vacancy occurs, at which election an eligible person shall be elected to the office for the remainder of the term. The appointed registered elector shall have been a resident of the township or ward continuously for at least one (1) year immediately prior to the appointment.1931, June 24, P.L. 1206, art. V, § 530. Amended 1933, May 31, P.L. 1096, § 1; 1937, April 14, P.L. 296, § 1; 1941, June 9, P.L. 99, § 1; 1949, May 27, P.L. 1955, § 16; 1953, June 3, P.L. 275, § 1; 1967, April 27, P.L. 19, § 1; 1976, Feb. 11, P.L. 11, No. 8, § 1; 1978, June 15, P.L. 475, No. 69, § 1, effective in 60 days; 1980, Dec. 4, P.L. 1101, No. 188, § 1, imd. effective; 1981, May 1, P.L. 32, No. 12, § 1, effective in 60 days; 2012, Feb. 2, P.L. 62, No. 7, § 4, effective in 60 days [April 2, 2012]; 2012, Oct. 24, P.L. 1478, No. 188, § 5, effective Jan. 6, 2014; 2017, July 20, P.L. 315, No. 23, § 1, effective in 60 days [Sept. 18, 2017]; 2020, Oct. 29, P.L. 782, No. 96, § 25, effective in 60 days [Dec. 28, 2020].