HB 1876 — An Act amending Titles 11 (Cities) and 16 (Counties) of the Pennsylvania Consolidated Statutes, further providing for vacancies in elected offices in cities of the first class, cities of the second class, cities of the second class A and cities of the third class; in county commissioners and chief clerks, further providing for election and vacancies; and making repeals.

PRINTER'S NO.   2333

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1876
                                                   Session of
                                                     2025

     INTRODUCED BY GUZMAN, HILL-EVANS AND DONAHUE, SEPTEMBER 23, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 25, 2025


                                       AN ACT
 1   Amending Titles 11 (Cities) and 16 (Counties) of the
 2      Pennsylvania Consolidated Statutes, further providing for
 3      vacancies in elected offices in cities of the first class,
 4      cities of the second class, cities of the second class A and
 5      cities of the third class; in county commissioners and chief
 6      clerks, further providing for election and vacancies; and
 7      making repeals.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Part II heading of Title 11 of the Pennsylvania
11   Consolidated Statutes is amended to read:
12                                    PART II
13                               FIRST CLASS CITIES
14                                  [(Reserved)]
15      Section 2.    Part II of Title 11 is amended by adding chapters
16   to read:
17                                   CHAPTER 21
18                             PRELIMINARY PROVISIONS
19   § 2101.    Definitions.
20      The following words and phrases when used in this part shall
21   have the meanings given to them in this section unless the
 1   context clearly indicates otherwise:
 2      "City."      A city of the first class.
 3                                  CHAPTER 28
 4                             VACANCIES IN OFFICE
 5   § 2801.    Council and office of mayor.
 6      (a)    Special election.--If a vacancy occurs in the office of
 7   mayor or other member of council in a city by reason of death,
 8   resignation, removal or otherwise, the vacancy shall be filled
 9   by a special election conducted in accordance with this section.
10      (b)    Temporary appointment.--
11             (1)   The governing body of a city may appoint an interim
12      officer to temporarily discharge the duties of the office
13      until the results of the special election are certified.
14             (2)   An interim officer under this subsection may not be
15      eligible to be a candidate in the subsequent special election
16      for the same office.
17      (c)    Timing of election.--
18             (1)   The county board of elections in the county of the
19      vacancy shall schedule a special election to be held not
20      later than 90 days from the date on which the vacancy is
21      declared.
22             (2)   If the office is subject to partisan election, each
23      political party entitled under law shall nominate candidates
24      through a special primary election to be held not later than
25      60 days from the date the vacancy is declared. A special
26      election shall be held not later than 30 days following the
27      certification of results of the special primaries.
28      (d)    Term of office.--The officer elected in the special
29   election under this section shall serve for the remainder of the
30   unexpired term.

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 1      Section 3.     Part III heading of Title 11 is amended to read:
 2                                    PART III
 3                              SECOND CLASS CITIES
 4                                  [(Reserved)]
 5      Section 4.     Part III of Title 11 is amended by adding
 6   chapters to read:
 7                                   CHAPTER 31
 8                             PRELIMINARY PROVISIONS
 9   § 3101.    Definitions.
10      The following words and phrases when used in this part shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "City."      A city of the second class.
14                                   CHAPTER 38
15                              VACANCIES IN OFFICE
16   § 3801.    Council and office of mayor.
17      (a)    Special election.--If a vacancy occurs in the office of
18   mayor or other member of council in a city by reason of death,
19   resignation, removal or otherwise, the vacancy shall be filled
20   by a special election conducted in accordance with this section.
21      (b)    Temporary appointment.--
22             (1)   The governing body of a city may appoint an interim
23      officer to temporarily discharge the duties of the office
24      until the results of the special election are certified.
25             (2)   An interim officer under this subsection may not be
26      eligible to be a candidate in the subsequent special election
27      for the same office.
28      (c)    Timing of election.--
29             (1)   The county board of elections in the county of the
30      vacancy shall schedule a special election to be held not

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 1      later than 90 days from the date on which the vacancy is
 2      declared.
 3             (2)   If the office is subject to partisan election, each
 4      political party entitled under law shall nominate candidates
 5      through a special primary election to be held not later than
 6      60 days from the date the vacancy is declared. A special
 7      election shall be held not later than 30 days following the
 8      certification of results of the special primaries.
 9      (d)     Term of office.--The officer elected in the special
10   election under this section shall serve for the remainder of the
11   unexpired term.
12      Section 5.     Part IV heading of Title 11 is amended to read:
13                                    PART IV
14                             SECOND CLASS A CITIES
15                                  [(Reserved)]
16      Section 6.     Part IV of Title 11 is amended by adding chapters
17   to read:
18                                   CHAPTER 41
19                             PRELIMINARY PROVISIONS
20   § 4101.    Definitions.
21      The following words and phrases when used in this part shall
22   have the meanings given to them in this section unless the
23   context clearly indicates otherwise:
24      "City."      A city of the second class A.
25                                   CHAPTER 48
26                              VACANCIES IN OFFICE
27   § 4801.    Council and office of mayor.
28      (a)     Special election.--If a vacancy occurs in the office of
29   mayor or other member of council in a city by reason of death,
30   resignation, removal or otherwise, the vacancy shall be filled

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 1   by a special election conducted in accordance with this section.
 2      (b)     Temporary appointment.--
 3             (1)   The governing body of a city may appoint an interim
 4      officer to temporarily discharge the duties of the office
 5      until the results of the special election are certified.
 6             (2)   An interim officer under this subsection may not be
 7      eligible to be a candidate in the subsequent special election
 8      for the same office.
 9      (c)     Timing of election.--
10             (1)   The county board of elections in the county of the
11      vacancy shall schedule a special election to be held not
12      later than 90 days from the date on which the vacancy is
13      declared.
14             (2)   If the office is subject to partisan election, each
15      political party entitled under law shall nominate candidates
16      through a special primary election to be held not later than
17      60 days from the date the vacancy is declared. A special
18      election shall be held not later than 30 days following the
19      certification of results of the special primaries.
20      (d)     Term of office.--The officer elected in the special
21   election under this section shall serve for the remainder of the
22   unexpired term.
23      Section 7.     Section 10801 of Title 11 is amended to read:
24   § 10801.    Council and office of mayor.
25      [(a)    Appointment.--Within 30 days of a vacancy in the office
26   of mayor or other member of council or if an elected mayor or
27   council member has failed to qualify under section 10701
28   (relating to elected officers, term, reelection and vacancy)
29   prior to taking office, council must, by a majority of council's
30   remaining members, appoint a qualified individual to fill the

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 1   vacant office.
 2      (b)   President judge.--If a council does not fill a vacancy
 3   within 30 days under subsection (a) or if a vacancy exists in
 4   the offices of at least a majority of the members of council,
 5   including the position of mayor, the president judge of the
 6   court of common pleas having jurisdiction within the city, must
 7   fill each vacancy upon either the petition of at least 10
 8   qualified electors of the city or the petition of a majority of
 9   the remaining members of council.
10      (c)   Term.--A individual appointed under subsection (a) or
11   (b) shall serve for the lesser of the following terms:
12            (1)   The remainder of the unexpired term of the office to
13      which the individual is appointed.
14            (2)   Until the first Monday of January after the next
15      municipal election occurring at least 30 days after the
16      vacancy occurred.
17      (d)   Unexpired term.--If necessary to fill the unexpired term
18   of the individual originally elected to an office that has
19   become vacant, an individual shall be elected at the municipal
20   election referred to under subsection (c)(2) to serve from the
21   first Monday of January after the election for the remainder of
22   the unexpired term.]
23      (e)   Special election.--If a vacancy occurs in the office of
24   mayor or other member of council in a city by reason of death,
25   resignation, removal or otherwise, the vacancy shall be filled
26   by a special election conducted in accordance with this section.
27      (f)   Temporary appointment.--
28            (1)   The governing body of a city may appoint an interim
29      officer to temporarily discharge the duties of the office
30      until the results of the special election are certified.

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 1            (2)   An interim officer under this subsection may not be
 2      eligible to be a candidate in the subsequent special election
 3      for the same office.
 4      (g)     Timing of election.--
 5            (1)   The county board of elections in the county of the
 6      vacancy shall schedule a special election to be held not
 7      later than 90 days from the date on which the vacancy is
 8      declared.
 9            (2)   If the office is subject to partisan election, each
10      political party entitled under law shall nominate candidates
11      through a special primary election to be held not later than
12      60 days from the date the vacancy is declared. A special
13      election shall be held not later than 30 days following the
14      certification of results of the special primaries.
15      (h)     Term of office.--The officer elected in the special
16   election under this section shall serve for the remainder of the
17   unexpired term.
18      Section 8.     Section 12501(b) of Title 16, added May 8, 2024
19   (P.L.50, No.14), is amended to read:
20   § 12501.    Election and vacancies.
21      * * *
22      (b)     Vacancy.--[A vacancy in the office of county
23   commissioners shall be filled for the balance of the unexpired
24   term by the court of common pleas of the county in which the
25   vacancy occurs by the appointment of a registered elector of the
26   county who was a member of the same political party as the
27   vacating county commissioner at the time the vacating county
28   commissioner was elected.]
29            (1)   If a vacancy occurs in the office of county
30      commissioner by reason of death, resignation, removal or

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 1    otherwise, the vacancy shall be filled in accordance with
 2    this subsection.
 3        (2)     The remaining county commissioners may appoint an
 4    interim commissioner to temporarily discharge the duties of
 5    the office until the results of the special election are
 6    certified. An interim appointee shall not be eligible to be a
 7    candidate in the subsequent special election for the same
 8    office.
 9        (3)     The county board of elections in the county of the
10    vacancy shall schedule a special election to be held not
11    later than 90 days from the date on which the vacancy is
12    declared.
13        (4)     If the office is subject to partisan election, each
14    political party entitled under law shall nominate candidates
15    through a special primary election to be held not later than
16    60 days from the date the vacancy is declared. The special
17    election shall be held not later than 30 days following the
18    certification of results of the special primaries.
19        (5)     A county commissioner elected under this subsection
20    shall serve for the remainder of the unexpired term.
21    Section 9.      Repeals are as follows:
22        (1)     The General Assembly declares that the repeals under
23    paragraph (2) are necessary to effectuate the addition of 11
24    Pa.C.S. Ch. 28.
25        (2)     All of the following are repealed:
26              (i)    Article II, section 4 of the act of June 25,
27        1919 (P.L.581, No.274), referred to as the First Class
28        City Government Law.
29              (ii)    Article IV, section 2(b) of the First Class
30        City Government Law.

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 1              (iii)   Article XVI, section 2 of the First Class City
 2        Government Law.
 3        (3)   The General Assembly declares that the repeal under
 4    paragraph (4) is necessary to effectuate the addition of 11
 5    Pa.C.S. Ch. 38.
 6        (4)   Article I, section 1 of the act of March 7, 1901
 7    (P.L.20, No.14), referred to as the Second Class City Law, is
 8    repealed insofar as it is inconsistent with the addition of
 9    11 Pa.C.S. Ch. 38.
10    Section 10.   This act shall take effect in 60 days.




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