Pennsylvania § 14102 - Office holders.

§ 14102. Office holders.

(a) Counties of the third and fourth classes.--In counties of the third and fourth classes, one individual shall hold the office of prothonotary, one individual shall hold the office of clerk of courts, one individual shall hold the offices of register of wills and clerk of orphans' court and one individual shall hold the office of recorder of deeds.

(b) Reconfiguration.--

(1) Notwithstanding subsection (a) or any other provision of law, a county advancing from the fifth class to fourth class as a result of Federal decennial census data certified after the primary election in the year of a municipal election may maintain the configuration of offices in effect in the county if the county, in consultation with the president judge of the court of common pleas of the county, deems appropriate.

(2) If a county subject to paragraph (1) determines that reconfiguration of offices under subsection (a) or other general law applicable to the holding of offices and to the classification of the county is appropriate, the county shall wait until the year when the offices are next up for election to initiate the reconfiguration.

(c) Continuation.--Notwithstanding subsection (a) or (b) or any other provision of law, the county commissioners of a county advancing from the fifth class to fourth class may adopt a resolution providing that one individual shall continue to hold the offices of prothonotary and clerk of courts, unless an applicable local law states otherwise.

(d) One office holder.--Notwithstanding subsection (a) or (b) or any other provision of law, the county commissioners of a county advancing from the fifth class to fourth class may adopt a resolution providing that one individual shall hold the offices of register of wills, recorder of deeds and clerk of orphans' court, unless an applicable local law states otherwise.

(e) Counties of the fifth class.--In counties of the fifth class, one individual shall hold the offices of prothonotary and clerk of courts, one individual shall hold the offices of register of wills and clerk of orphans' court and one individual shall hold the office of recorder of deeds, unless an applicable local law states otherwise.

(f) Counties advancing to fifth class.--Notwithstanding subsection (e) or any other provision of law, the county commissioners of a county advancing from the sixth class to fifth class may adopt a resolution providing that one individual shall continue to hold the offices of register of wills, recorder of deeds and clerk of orphans' court, unless an applicable local law states otherwise.

(g) Counties of sixth and seventh classes.--In counties of the sixth and seventh classes, one individual shall hold the offices of prothonotary and clerk of courts and one individual shall hold the offices of register of wills, recorder of deeds and clerk of orphans' court, unless an applicable local law states otherwise.

(h) Counties of the eighth class.--In counties of the eighth class, one individual shall hold the offices of prothonotary, clerk of courts, clerk of orphans' court, register of wills and recorder of deeds, unless local laws applying to the county shall otherwise provide.

(i) Applicability.--Nothing in this section shall be construed to repeal the act of July 2, 1839 (P.L.559, No.193), entitled "An act to provide for the election of Prothonotaries, Clerks, Recorders, and Registers," or the provisions of any other local law.

(j) Offices not held.--

(1) A county in which the offices under this chapter are not held that seeks to provide for the holding of two or more of the offices by the same individual may, at any time:

(i) apply the provisions of this section, in whole or in part; and

(ii) provide for the holding of the county offices in the manner specified under this section for the class of counties to which the county belongs.

(2) The recombining of the offices under paragraph (1) shall take effect in the year in which the offices are next up for election, at which time offices in the county shall be held in accordance with the provisions of this section authorizing the combining of the offices or any other general law applicable to the holding of offices and to the classification of the county.

(k) Proceedings.--The proceedings for a county to accept the provisions of this section regarding the county's offices shall be in accordance with section 14103 (relating to separate judicial districts) as applicable. Upon the expiration of the term of a county officer affected by the proceeding, the following apply:

(1) The office of the county officer shall be joined to another county officer whose term still continues, and no successor shall be elected to the office.

(2) If the terms of all officers affected expire at the same time, upon expiration, the offices shall be joined and occupied by one individual elected at the preceding municipal election.