Section 407. Vacancies in General.--(a) If the electors of any township fail to choose a supervisor, tax collector or auditor, or if any person elected to any office fails to serve in the office, or if a vacancy occurs in the office by death, resignation under subsection (b), removal from the township or otherwise, the board of supervisors may appoint a successor who is a registered elector of the township and has resided in that township continuously for at least one year prior to their appointment.
(b) Except as provided under subsection (e), a resignation: (Intro. par. amended Dec. 22, 2025, P.L.375, No.59)
(1) Shall not create a vacancy until the date that the resignation is accepted by a majority vote of the board of supervisors at a public meeting or the effective date of the tendered resignation, whichever is later. The board of supervisors must accept a tendered resignation no later than forty-five days after the resignation has been tendered to the board of supervisors, unless the resignation is withdrawn in writing prior to acceptance.
(2) That is not accepted as under paragraph (1) shall be deemed accepted forty-five days after the resignation has been tendered to the board of supervisors.
(c) Except as provided under subsection (c.1), the following shall apply:
(1) If, for any reason, the board of supervisors refuses, fails, neglects or is unable to fill a vacancy within thirty days after the vacancy occurs, as under this section, the vacancy shall be filled within fifteen additional days by the vacancy board.
(2) The vacancy board shall consist of the board of supervisors and one registered elector of the township, who shall be appointed by the board of supervisors at the board's first meeting each calendar year or as soon thereafter as is practical.
(3) The appointed elector shall act as the chairperson of the vacancy board, and may not vote for themselves to fill any vacancy.
((c) amended Dec. 22, 2025, P.L.375, No.59)
(c.1) Notwithstanding the provisions of subsection (c), if the board of supervisors cannot fill a vacancy, the board of supervisors may, by a majority vote at a public meeting, convene the vacancy board at any time after the occurrence of the vacancy for proceedings in accordance with subsection (d). ((c.1) added Dec. 22, 2025, P.L.375, No.59)
(d) The chairperson of the vacancy board, or if the position of the chairperson is vacant, the remaining members of the vacancy board shall petition the court of common pleas to fill the vacancy if either of the following occur:
(1) the vacancy board fails to fill the position within fifteen days; or
(2) the position of chairperson is vacant and the remaining members of the vacancy board provide their justification during a public meeting as to why they cannot fill the position within fifteen days.
((d) amended Dec. 22, 2025, P.L.375, No.59)
(e) Notwithstanding any other provision of this section, if the majority of seats on the board of supervisors are vacant, the court of common pleas shall fill the vacancies upon presentation of a petition signed by the remaining supervisors or at least fifteen registered electors of the township. A resignation on the board of supervisors that would preclude a majority of supervisors from acting shall create a vacancy on the date specified in the tendered resignation or, if no date is specified due to a lack of a quorum, the second business day after the day tendered, whichever is later, unless sooner withdrawn in writing. ((e) amended Dec. 22, 2025, P.L.375, No.59)
(f) A successor appointed under this section shall hold office until the first Monday in January after the first municipal election which occurs at least sixty days after the vacancy occurs, at which election an eligible person shall be elected for the unexpired term.
(407 amended July 7, 2017, P.L.294, No.16)
Compiler's Note: Section 9(2)(ii) of Act 167 of 2006 provided that section 407 is repealed insofar as it is inconsistent with Act 167.
Compiler's Note: Section 5 of Act 166 of 2006, which amended section 407, provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.