Conduct of referenda - 53 Pa. Cons. Stat. § 736

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     § 736.  Conduct of referenda.
        (a)  Duty to place on ballot.--Following initiation of
     proceedings for consolidation or merger by the procedures set
     forth either in section 734 (relating to joint agreement of
     governing bodies) or 735 (relating to initiative of electors
     seeking consolidation or merger without new home rule charter),
     the question of consolidation or merger as set forth in the
     joint agreement or initiative petition shall be placed before
     the electors of each of the municipalities proposed to be
     consolidated or merged. A referendum shall be held at the first
     primary, municipal or general election occurring at least 13
     weeks after either:
            (1)  the date of the general agreement entered into under
        the provisions of section 734; or
            (2)  the date of filing of the petition filed under the
        provisions of section 735.
        (a.1)  Referenda under section 735.1.--Referenda authorized
     under section 735.1 (relating to initiative of electors seeking
     consolidation or merger with new home rule charter) shall be
     placed on the ballot in accordance with section 735.1(d)(3) and
     (s).
        (b)  Approval.--Pursuant to sections 734, 735 and 735.1,
     consolidation or merger shall not be effective unless the
     referendum question is approved by a majority of the electors
     voting in each of the municipalities in which the referendum is
     held. If in any one of the municipalities in which the
     referendum is held a majority vote in favor of consolidation or
     merger does not result, the referendum shall fail and
     consolidation or merger shall not take place. The same question
     in accordance with sections 734 or 735, or the same question
     described in the proposal for consolidation or merger with a new
     home rule charter in accordance with section 735.1, described in
     the consolidation or merger proposal shall not be voted on again
     for a period of five years.
        (c)  Subsequent referenda.--The five-year moratorium on
     voting the same consolidation or merger question as provided in
     subsection (b) shall be deemed not to apply to any subsequent
     referendum question involving a consolidation or merger of any
     combination of two or more contiguous municipalities if the
     referendum question differs or is dissimilar in any way from a
     previous referendum question which was not approved as provided
     for in subsection (b).
     (Oct. 23, 2003, P.L.180, No.29, eff. 60 days)

        Cross References.  Section 736 is referred to in section 741
     of this title.

Last modified: November 27, 2007