§ 405Vacancies in Election Boards; Appointment; Judge and Majority Inspector to Be Members of Majority Party; Minority Inspector to Be Member of Minority Party

(a)
Vacancies in election boards existing by reason of the
disqualification, removal, resignation or death of an election
officer, or from any other cause, occurring prior to the fifth
day before any primary or election, shall, in all cases, be
filled by appointment, by the court of the proper county, of
competent persons, qualified in accordance with the provisions
of this act, who shall serve for the unexpired term of the
person whose place he is appointed to fill: Provided, however,
That any district election officer who, after his election or
appointment, changes his political affiliation, shall not
thereby become disqualified to serve on said election board,
and shall not thereby be subject to removal. In making such
appointments, the court shall receive and consider any petitions
filed by qualified electors of the district affected, and shall
make no appointment to fill any vacancy unless notice of the
time at which they will make such appointment shall have been
posted on the polling place of such district, and in the
immediate vicinity thereof, at least five days prior thereto.

In the appointment of inspectors in any election district, both
shall not be of the same political party at the time of said
appointment, but one shall be of the party having the largest
number of votes and the other shall be of the party having the
second largest number of votes in said district at the last
preceding November election, as nearly as the judge or judges
can ascertain the fact. The judge of election shall, in all
cases of appointment, be of the political party having the
majority of votes in said district at the last preceding
November election, as nearly as the judge or judges can
ascertain the fact. Immediately upon the entry of an order of
court filling any vacancy on an election board, the clerk of
said court shall forthwith transmit a certified copy of said
order to the county board, giving the name and address of said
appointee. Notwithstanding any provisions to the contrary, in
counties which have adopted home rule charters or optional plans
and which appoint the members of the county election board under
section 301(b), vacancies in the county board of elections shall
be filled consistent with the provisions for appointment of
county election board members under that section.
   (a.1) Vacancies in county boards existing by reason of the
disqualification, removal, resignation or death of a clerk or
machine inspector appointed pursuant to section 404 or a vacancy
of a clerk or machine inspector from any other cause occurring
prior to the day of any primary or election may be filled by a
student pursuant to section 402(b).
   (b) The first election board for any new district shall be
selected, by the court of the proper county, of competent
persons, qualified in accordance with the provisions of this
act, who shall serve until the next municipal election at which
all election officials are elected under the provisions of
section 401.
   (c) Vacancies in election boards occurring at any time
during the five days immediately preceding any primary or
election or on the day of the primary or election may be filled
by appointment by the county board of elections from a pool of
competent persons who are qualified registered electors of the
county and who have been trained by the county to perform the
duties of election officers which are required by this act. Any
person appointed to fill a vacancy in accordance with this
subsection shall serve as a member of the election board on the
day of the primary or election only. Any election board position
filled in accordance with this subsection shall be deemed vacant
on the day immediately following the primary or election and
subsequently shall be filled in accordance with subsection (a).
   (405 amended Dec. 9, 2002, P.L.1246, No.150)