(a) General rule.--Whenever authorized by ordinance of the governing body or upon petition of the electors to the county board of electors of the county wherein the municipality is located, an election shall be held upon one of the following questions:
Shall a government study commission of (seven, nine or eleven) members be elected to study the existing form of government of the municipality, to consider the advisability of the adoption of an optional form of government and to recommend whether or not an optional plan of government should be adopted?
Shall a government study commission of (seven, nine or eleven) members be elected to study the existing form of government of the municipality, to consider the advisability of the adoption of a home rule charter and, if advisable, to draft and to recommend a home rule charter?
Shall a government study commission of (seven, nine or eleven) members be elected to study the existing form of government of the municipality, to consider the advisability of the adoption of an optional form of government or a home rule charter, to recommend the adoption of an optional form of government or to draft and recommend a home rule charter?
(b) Petition for election.--The petition calling for the election shall be in the form required by subsection (e) and shall be signed by electors comprising 5% of the number of electors voting for the office of Governor in the last gubernatorial general election.
(c) Ordinance authorizing election.--Within five days after the final enactment of an ordinance authorizing the election, the municipal clerk or secretary shall file a certified copy of the ordinance with the county board of elections, together with a copy of the question to be submitted to the electors.
(d) Duty of election board.--At the next general or municipal or primary election occurring not less than the 13th Tuesday after the filing of the ordinance or the petition with the county board of elections, it shall cause the appropriate question to be submitted to the electors as other questions are submitted under the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
(e) Requirements for petitions.--A referendum petition under this section shall be filed not later than the 13th Tuesday prior to the election, and the petition and the proceedings therein shall be in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions insofar as those provisions are applicable. No referendum petition may be signed or circulated prior to the 20th Tuesday before the election nor later than the 13th Tuesday before the election. No candidate's nomination petition may be signed or circulated prior to the 13th Tuesday before the election nor later than the tenth Tuesday before the election. Any petition under this section shall be filed on or before the tenth Tuesday before the election.
Cross References. Section 2911 is referred to in sections 2923, 2927 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 29 - General Provisions
Section 2901 - Short title and scope of subpart
Section 2911 - Submission of question for election of government study commission
Section 2912 - Election of members of commission
Section 2913 - Nomination of candidates
Section 2914 - Results of election
Section 2915 - Oath of office of members of commission
Section 2916 - First meeting of commission
Section 2918 - Function and duty of commission
Section 2919 - Compensation and personnel
Section 2920 - Hearings and public forums
Section 2921 - Report of findings and recommendations
Section 2922 - Discharge of petition and amended reports
Section 2923 - Types of action recommended
Section 2924 - Specificity of recommendations
Section 2925 - Form of question on form of government
Section 2926 - Submission of question on form of government
Section 2927 - Limitation on enactment of ordinance or filing of petition
Section 2928 - Time when change of form of government takes effect
Section 2929 - Limitation on changing new form of government
Section 2930 - Status of forms of government provided in subpart
Section 2941 - Procedure for amendment of charter or optional plan
Section 2942 - Initiation of amendment by electors or council
Section 2943 - Petition for referendum or ordinance proposing amendment
Section 2944 - Time and manner of submission of question
Section 2951 - Conduct and results of election
Section 2952 - Notice of election
Section 2961 - Scope of powers of home rule
Section 2962 - Limitation on municipal powers
Section 2963 - Exercise of municipal powers by home rule county
Section 2964 - General powers of municipalities
Section 2965 - Recording and filing of charter
Section 2966 - Continuation of office of existing elective officials
Section 2967 - Repeal of home rule charter
Section 2971 - Law applicable to optional plan
Section 2972 - Recording and filing of plan
Section 2973 - Scope of powers of optional plan
Section 2974 - Limitation on powers of optional plan
Section 2981 - Limitation on local municipality
Section 2982 - Retention of existing form of government
Section 2983 - Retention of existing form of government when electors disapprove proposal
Section 2984 - Assumption of functions previously assumed by other municipality