§ 993Filling of Certain Vacancies in Public Office by Means of Nomination Certificates and Nomination Papers

(a)
 In all cases where a vacancy shall occur for any cause in an
elective public office, including that of judge of a court of
record, at a time when such vacancy is required by the
provisions of the Constitution or the laws of this Commonwealth
to be filled at the ensuing election but at a time when
nominations for such office cannot be made under any other
provision of this act, nominations to fill such vacancies shall
be made by political parties in accordance with party rules
relating to the filling of vacancies by means of nomination
certificates in the form prescribed in section nine hundred
ninety-four of this act, and by political bodies by means of
nomination papers in accordance with the provisions of sections
nine hundred fifty-one, nine hundred fifty-two and nine hundred
fifty-four of this act. No such nomination certificate shall
nominate any person who has already been nominated by any other
political party or by any political body for the same office
unless such person is a candidate for the office of judge of a
court of common pleas, the Philadelphia Municipal Court or for
the office of school director in districts where that office
is elective or for the office of justice of the peace. No such
nomination papers shall nominate any person who has already
been nominated by any political party or by any other political
body for any office to be filled at the ensuing November
election, unless such person is a candidate for the office of
judge of a court of common pleas, the Philadelphia Municipal
Court or for the office of school director in districts where
that office is elective or for the office of justice of the
peace. ((a) amended Oct. 31, 2019, P.L.552, No.77)
   (b) Said nomination certificates and nomination papers for
State public offices and judges of courts of records shall be
filed in the office of the Secretary of the Commonwealth at
least fifty (50) days prior to a general or municipal election,
as the case may be. Nomination certificates and nomination
papers for public offices in counties, cities, boroughs, towns,
townships, wards and school districts and for the offices of
aldermen and justices of the peace shall be filed in the office
of the county board of elections at least fifty (50) days prior
to a municipal election. ((b) amended Aug. 13, 1963, P.L.707,
No.379)
   (c) The provisions of this subdivision shall not be
construed to apply to elective public offices for which a method
is provided in this act for the holding of special elections
to fill vacancies in certain public offices, or to the filling
of vacancies in the office of presidential electors in
accordance with the provisions of section nine hundred eighteen
of this act. Nor shall the provisions of this subdivision be
construed to apply to any public office for which, by the
provisions of any statute, a vacancy is required to be filled
at the next election appropriate to the office, if said vacancy
occurs at any time within two (2) calendar months immediately
preceding a general or municipal election, as the case may be.
   (993 added Aug. 26, 1953, P.L.1479, No.434)

  Compiler's Note: Section 28 of Act 207 of 2004 provided
      that any and all references in any other law to a
      "district justice" or "justice of the peace" shall be
      deemed to be references to a magisterial district judge.