§ 801. Eligibility.

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§ 801. Eligibility.

(a)Residency.-- The following shall apply:

(1)Only registered electors of the borough shall be eligible to elective borough offices.

(2)Except as provided under subsection

(c)and 53 Pa.C.S. § 1142 (relating to residency during military service), before being sworn into office, each elected borough officer shall present a signed affidavit to the borough secretary that states that the officer resides in the borough, or within the ward in the case of a ward office, from which elected and has resided in the borough continuously for at least one year immediately prior to the officer's election.

(b)Incompatible offices.-- A school director or a trustee of a charter school may not be elected to an elective borough office. No individual may hold more than one elective borough office at the same time.

(c)Exception.-- A borough with a population of less than 150 may permit residents that have not resided in the borough continuously for at least one year immediately before the election to be eligible to hold office.

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(Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended subsec. (a).

Special Provisions in Appendix. See sections 4(3)(iv) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability.

References in Text. Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality.

Cross References. Section 801 is referred to in sections 816, 901 of this title.

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