Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 12301 - Elected officers(a) Election.--In each county, the following officers shall be elected by the qualified electors of the county: (1) Three county commissioners.(2) Three auditors or, in counties of the second class A and in each county in which the office of auditor has been or shall be abolished, one controller.(5) One recorder of deeds.(7) One clerk of the court of common pleas.(8) Except in counties of the second class A, one clerk of the orphans' court.(9) One register of wills, who, in counties of the second class A, shall serve as clerk of the orphan's court.(11) One district attorney.(12) Two jury commissioners, except in counties in which the office of jury commissioner has been abolished.(b) Term.-- (1) Except as provided under paragraph (2) and subsection (c), each officer shall be elected at the municipal election next preceding the expiration of the terms of the officers in office on October 10, 1955, and every four years thereafter, and shall hold the offices for a term of four years from the first Monday of January next after the election in which the officer was elected and until a successor is duly qualified.(2) If an elected officer, except a county commissioner or auditor, fails to qualify or if a successor is not elected, the chief deputy, first assistant, first deputy or principal deputy in office at the time the vacancy occurred shall assume the office until a successor has been appointed under section 12309 (relating to vacancies) or until the first Monday in January following the next municipal election, whichever period is shorter. For a county commissioner or auditor, a vacancy shall exist which shall be filled as provided under this part.(c)Second class A.--If an officer in a county of the second class A, other than a county commissioner, fails to qualify or if no successor is elected, the officer then in office shall continue in office only until the first Monday in January following the next municipal election, at which time a successor shall be elected for a term of four years.(d) Offices remain.--Each county officer enumerated under this section shall remain as constituted on October 10, 1955. This section shall not create an office in a county if the office does not exist on October 10, 1955.(e) Jury commissioner abolishment by referendum or resolution.--(1) The office of jury commissioner may be abolished by referendum at the option of each county which on August 17, 1998, is a county of the third class having a population under the 1990 Federal decennial census in excess of:(i) 237,000 residents, but less than 240,000 residents; or(ii) 337,000 residents, but less than 341,000 residents.(2) In order to effectuate abolishment under this subsection:(i) electors equal to at least 5% of the highest vote cast for any office in the county at the last preceding general election must file a petition with the county board of elections; or(ii) the governing body of the county must adopt, by a majority vote, a resolution to place the question on the ballot and a copy of the resolution must be filed with the county board of elections for a referendum on the question of abolishing the office of jury commissioner.(3) Proceedings under this subsection shall be in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.(4) Upon approval of a referendum under this subsection, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office.(5) A referendum under this subsection may not take place in a year in which the office of jury commissioner is on the ballot.(f) Jury commissioner abolishment by resolution.--The office of jury commissioner may be abolished in a county of the third class having a population under the 2000 Federal decennial census of not less than 371,000 and not more than 380,000 if the governing body of the county adopts, by a majority vote, a resolution abolishing the office of jury commissioner. Upon approval of the resolution, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office.(g)Jury commissioner abolition.--After review of the procedures in effect within the county to ensure that lists of potential jurors are a representative cross section of the community, the governing body of a county of the second class A, third, fourth, fifth, sixth, seventh or eighth class may adopt, by a majority vote, a resolution abolishing the office of jury commissioner. Upon approval of the resolution, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office.Added by P.L. (number not assigned at time of publication) 2024 No. 14,§ 4, eff. 7/8/2024.