Initiative of electors seeking consolidation or merger without new home rule charter - 53 Pa. Cons. Stat. § 735

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     § 735.  Initiative of electors seeking consolidation or merger
                without new home rule charter.
        (a)  General rule.--In order for consolidation or merger
     proceedings to be initiated by petition of electors, petitions
     containing signatures of at least 5% of the number of electors
     voting for the office of Governor in the last gubernatorial
     general election in each municipality proposed to be
     consolidated or merged shall be filed with the county board of
     elections of the county in which the municipality, or the
     greater portion of its territory, is located.
        (b)  Notice to governing bodies affected.--When election
     officials find that a petition is in proper order, they shall
     send copies of the initiative petition without the signatures
     thereon to the governing bodies of each of the municipalities
     affected by the proposed consolidation or merger.
        (c)  Contents.--A petition shall set forth:
            (1)  The name of the municipality from which the signers
        of the petition were obtained.
            (2)  The names of the municipalities proposed to be
        consolidated or merged.
            (3)  The name of the consolidated or merged municipality.
            (4)  The type and class of the consolidated or merged
        municipality.
            (5)  Whether a consolidated or merged municipality shall
        be governed solely by the code and other general laws
        applicable to the kind and class of the consolidated or
        merged municipality; whether it shall be governed by a home
        rule charter or optional plan of government previously
        adopted pursuant to the act of April 13, 1972 (P.L.184,
        No.62), known as the Home Rule Charter and Optional Plans
        Law, or Subpart E of Part III (relating to home rule and
        optional plan government), by one of the municipalities to be
        consolidated or merged; or whether it shall be governed by an
        optional plan of government that has not been previously
        adopted in accordance with the Home Rule Charter and Optional
        Plans Law or Subpart E of Part III by any of the
        municipalities to be consolidated or merged, but which has
        been selected from among the options provided for in Subpart
        E of Part III and is identified in the petition; provided,
        however, that nothing in this subchapter shall be construed
        as authorizing a municipality adopting an optional plan of
        government pursuant to this subchapter to exercise powers not
        granted to a municipality adopting an optional plan of
        government pursuant to Subpart E of Part III.
            (6)  In the case of a merger, where the surviving
        municipality is a city which had previously adopted an
        optional charter pursuant to the act of July 15, 1957
        (P.L.901, No.399), known as the Optional Third Class City
        Charter Law, whether the resulting merged municipality will
        continue to operate under the optional charter.
            (7)  The number of districts or wards, if any, into which
        the consolidated or merged municipality will be divided for
        the purpose of electing all or some members of its governing
        body.
        (d)  Filing of petition.--The consolidation or merger
     petition shall be filed with the election officials not later
     than the 13th Tuesday prior to the next primary, municipal or
     general election. The petition and proceedings on the petition
     shall be conducted 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 the provisions
     are applicable, except that no referendum petition shall be
     signed or circulated prior to the 20th Tuesday before the
     election, nor later than the 13th Tuesday before the election.
     (Oct. 23, 2003, P.L.180, No.29, eff. 60 days)

Last modified: November 27, 2007