Pa. Cons. Stat. » 53 Pa. Cons. Stat. (MUNICIPALITIES) / Chapter 9
Pennsylvania Consolidated Statutes

53 Pa. Cons. Stat. § 904 (2026)

 Reapportionment by court upon petition.

✓ current as of May 2026
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§ 904.  Reapportionment by court upon petition.

(a)  Petition.--If there has not been a reapportionment by the governing body within the year following that in which the Federal census, decennial or special, is officially and finally reported, a petition signed by one or more electors who are residents of the entity may be submitted to the court of common pleas which may then reapportion in accordance with this chapter.

(b)  Appointment of commissioners.--Upon receiving the petition to reapportion, the court may appoint three impartial persons as commissioners.

(c)  Report to court.--The commissioners appointed by the court or any two of them shall make a report to the court within the time the court directs and shall include with it a plot showing the boundaries of the present districts and a plot showing the districts as proposed by them, along with pertinent information relating to population and area of the proposed districts.

(d)  Action on report.--Upon presentation, the court shall confirm the report nisi and shall direct that notice of the filing of the report shall be given by publication once in a newspaper of general circulation stating that exceptions may be filed to the report within 30 days after the report was filed. If no exceptions are filed or if the court dismisses the exceptions, the court shall confirm the report absolutely and issue a decree. The court in its decree shall designate a number for each of the districts.

 

Cross References.  Section 904 is referred to in section 906 of this title.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2005–2023 · leading case: In Re Mun. Reapportionment of Tp., 873 A.2d 821 (Pa. Commw. Ct. 2005).
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In Re Mun. Reapportionment of Tp., 873 A.2d 821 (Pa. Commw. Ct. 2005). · cites it 16× “In the first order, the trial court dismissed Biswanger's petition for declaratory and statutory relief to void Haverford's reapportionment because it was untimely filed and invoked the wrong statutory mechanism, 53 Pa.C.S. § 904, for challenging a reapportionment ordinance.”
J. Varner, L. Robinson & M. Hossler v. Swatara Twp. Bd. of Commissioners (Pa. Commw. Ct. 2017). · cites it 2× “53 Pa.C.S. § 904 provides a role for the court in reapportionment only if the local government does not reapportion within one year of the federal census.”
Varner, J. v. Swatara Twp., Aplt., 185 A.3d 295 (Pa. 2018). · cites it 2× “See 53 Pa.C.S. § 904(a) ("If there has not been a reapportionment by the governing body within the year following that in which the Federal census, decennial or special, is officially and finally reported, a petition signed by one or more electors who are residents of the entity…”
R. Martin, Jr. v. Donegal Twp. (Pa. Commw. Ct. 2023). “See 53 Pa.C.S. § 904. 17 IX, section 11 of the Pennsylvania Constitution and the Municipal Reapportionment Act were intended to ensure that elected officials selected by districts represented a population as equal as possible to other districts so that each voter would have…”
— 53 Pa. Cons. Stat. § 904(a) — 2 cases
In Re Mun. Reapportionment of Tp., 873 A.2d 821 (Pa. Commw. Ct. 2005). “In the first order, the trial court dismissed Biswanger's petition for declaratory and statutory relief to void Haverford's reapportionment because it was untimely filed and invoked the wrong statutory mechanism, 53 Pa.C.S. § 904, for challenging a reapportionment ordinance.”
Varner, J. v. Swatara Twp., Aplt., 185 A.3d 295 (Pa. 2018). “See 53 Pa.C.S. § 904(a) ("If there has not been a reapportionment by the governing body within the year following that in which the Federal census, decennial or special, is officially and finally reported, a petition signed by one or more electors who are residents of the entity…”
— 53 Pa. Cons. Stat. § 904(b) — 2 cases
In Re Mun. Reapportionment of Tp., 873 A.2d 821 (Pa. Commw. Ct. 2005). “In the first order, the trial court dismissed Biswanger's petition for declaratory and statutory relief to void Haverford's reapportionment because it was untimely filed and invoked the wrong statutory mechanism, 53 Pa.C.S. § 904, for challenging a reapportionment ordinance.”
Varner, J. v. Swatara Twp., Aplt., 185 A.3d 295 (Pa. 2018). “See 53 Pa.C.S. § 904(a) ("If there has not been a reapportionment by the governing body within the year following that in which the Federal census, decennial or special, is officially and finally reported, a petition signed by one or more electors who are residents of the entity…”
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