Pennsylvania § 12309 Vacancies

Pennsylvania Statutes

§ 12309 — Vacancies

Pennsylvania § 12309

JurisdictionPennsylvania

Title 16COUNTIES

PartPART IV

Ch. 123COUNTY OFFICERS

Subch.GENERAL PROVISIONS

This text of Pennsylvania § 12309 (Vacancies) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

16 Pa. Cons. Stat. § 12309 (2026).

Text

(a)Appointment by Governor.--

(1)Except as provided under subsection (b), for a vacancy in a county office created by the Constitution of Pennsylvania or laws of this Commonwealth, and, if no other provision is made under the Constitution of Pennsylvania or under this part to fill the vacancy, the Governor shall appoint a suitable individual to fill the office, who shall continue to hold and discharge the duties of the office until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy, or for the balance of the unexpired term, whichever period is shorter.

(2)If a municipal election occurs not less than 90 days after the occurrence of the vacancy under paragraph (1), other than the municipal election at whi

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(a) Appointment by Governor.--

(1) Except as provided under subsection (b), for a vacancy in a county office created by the Constitution of Pennsylvania or laws of this Commonwealth, and, if no other provision is made under the Constitution of Pennsylvania or under this part to fill the vacancy, the Governor shall appoint a suitable individual to fill the office, who shall continue to hold and discharge the duties of the office until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy, or for the balance of the unexpired term, whichever period is shorter.

(2) If a municipal election occurs not less than 90 days after the occurrence of the vacancy under paragraph (1), other than the municipal election at which the office ordinarily is filled, the office shall be filled at that municipal election for the balance of the unexpired term.

(3) An appointee under this subsection shall be confirmed by the Senate, if in session.

(b) Second class A.--In counties of the second class A, an appointed person shall continue in office and discharge the duties of the office for the balance of the unexpired term.

(c) Discharge of duties.--The Governor shall discharge the duties under this section in accordance with section 207.1(d)(5.1) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

Legislative History

Special Provisions in Appendix.See section 6(3) of Act 14 of 2024 in the appendix to this title for special provisions relating to continuation of prior law. Cross References.Section 12309 is referred to in section 12301 of this title.