(a) Procedure.--The procedure for amending a home rule charter or optional plan of government shall be through the initiative procedure and referendum or ordinance of the governing body as provided for in this subpart.
(b) Changes in method of election.--Changes in the method of election of a municipal governing body from at-large elections to elections by district, maintain at-large elections or a combination of at-large elections and elections by district may be implemented by amending a home rule charter or optional plan without creation of a government study commission.
(c) Conflict in the question.--If two or more questions appear on the ballot at the same election and such questions are in conflict and more than one receives the approval of the voters, the question which receives the largest number of affirmative votes shall prevail over the others.
(d) Initial apportionment.--If the referendum on the question results in the approval by the voters to amend the home rule charter or optional plan to provide for the election of the governing body either by districts or partially by districts and partially at large or in a change in the number of members of the governing body, the initial apportionment of the districts shall be made as follows:
(1) Except as provided in paragraph (2), by an apportionment commission consisting of seven members, all of whom shall reside in the municipality. Two members of the apportionment commission shall be appointed by the mayor. Two members of the apportionment commission shall be appointed by the governing body, one shall be appointed by the mayor from a list of at least three qualified persons recommended by the municipal committee of the political party whose mayoral candidate received the highest number of votes cast in the most recent mayoral election and one shall be appointed by the mayor from a list of at least three qualified persons recommended by the municipal committee of the political party whose mayoral candidate received the second highest votes in the most recent mayoral election. The seventh member of the commission shall be elected at large by a majority vote of the other six members and shall serve as chairperson of the commission.
(2) At the option of a municipality with a mayor, or for a municipality without a mayor, the initial apportionment shall be made by the members of the governing body of the municipality consistent with section 903 (relating to reapportionment by governing body).
(e) Subsequent apportionment.--For any municipality, including a municipality with a mayor, a subsequent apportionment shall be under Chapter 9 (relating to municipal reapportionment).
(Oct. 30, 2017, P.L.1140, No.53, eff. 60 days)
2017 Amendment. Act 53 amended subsec. (d) and added subsec. (e).
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