Pre-Reorganization FAQ
Here is the link to a sample unnotarized affidavit at PSAB’s website: https://boroughs.org/ckfinder/userfiles/files/RESIDENCY%20AFFIDAVITOct2013(1)(1)(1).pdf and the secretary must cut and paste on the borough’s letterhead. The borough official‐elect must take this form to a bona fide notary public and after swearing under penalty of perjury that he is eligible to hold borough office and then the notary attaches his/her seal. This does not apply to borough with less than 150 population.
The Affidavit of Residency is required in accordance with the Borough Code and not the Election Code. The county board of elections does not work with the municipal codes.
First, according to section 903 of the Borough Code “if an individual, elected or appointed as a member of council and notified of election or appointment refuses or neglects to qualify as a member of council within ten days following the beginning of the individual’s term of office, unless prevented by sickness or necessary absence from the borough, the council, acting without the individual, may declare the individual’s office as a member of council vacant and may fill the vacancy in as provided in section 901 of the Borough Code.”
However, a second non‐legal opinion, and not authorized by any statute, some believe that the councilman‐elect can take the oath of office any time after the results of the General Election are certified, however that councilman‐elect has no rights until after January 2, 2024. Please ask the borough solicitor for his legal advice on the validity of this early oath.
No. Section 1001 of the Borough Code mandates the meeting date, and the council has no statutory authority to change it unless it is due to an emergency (blizzard). There are also practical considerations to be aware of in the event there is a borough‐wide emergency and for payroll checks to be signed.