Pennsylvania Statutes § 3160 Returns of local officers voted for in two or more counties; certificates of election; returns of county and local officers commissioned by Governor to be transmitted to Governor; commissions; contests

Statute Text

(a) In the case of any city, borough, township, ward, school district, or poor district office, or of the submission of any question to the electors, voted for or upon by the electors of two or more counties or parts of counties, the county election board, in each of the counties in which such municipality is located, shall certify to the county board of the county in which reside the majority of registered electors of such city, borough, township, ward, school district or poor district, the return of the vote cast for such officers or upon such questions. After completing the tabulation of such returns, the return board of said county shall issue certificates of election to the successful candidates. In case of any county, borough, city or township officer who is by law required to be commissioned by the Governor, the said return board shall also transmit a certified copy of such return to the Secretary of the Commonwealth, who shall forthwith lay the results of such election before the Governor.

(b) In case of the election of judge of a court of record, prothonotary, clerk of the courts, recorder of deeds, register of wills, or any other officer required by law to be commissioned by the Governor in any of the several counties of this Commonwealth, it shall be the duty of the county elections board to transmit immediately to the Secretary of the Commonwealth a certified copy of the returns for all such offices. The Secretary of the Commonwealth shall forthwith lay the return so made before the Governor, and the Governor shall issue a commission to any persons elected to said offices, notwithstanding that the election of such person to any or either of said offices may be contested in the manner provided by this act.

(c) Whenever it shall appear by the decision of the proper tribunal having jurisdiction of a contested election, that the person to whom said commission shall have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall issue to the person who shall appear to be legally elected to said office, the issuing of which commission shall nullify and make void the commission already issued, and all power and authority under said commission first issued shall thereupon cease and determine.

History

1937, June 3, P.L. 1333, art. XIV, § 1410.

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