D.C. Mun. Regs. tit. 3, r. 3-1302

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 3-1302 - DECLARATION OF VACANCY BY THE BOARD

1302.1

The Board may declare and certify a vacancy on its own initiative when:

(a) The office of a Commissioner remains vacant after a general or special election; or

(b) The Board determines, through its established procedures for the maintenance of the voter registration roll, that a Commissioner is no longer a registered qualified elector actually residing in the single-member district from which the Commissioner was elected; provided that such voter roll maintenance procedures shall not include qualification challenges that can otherwise be presented to the appropriate Neighborhood Advisory Commission in accordance with Section 1301 of this chapter.

1302.2

If the Executive Director, through voter registration list maintenance activities, receives evidence that a Commissioner is no longer a registered qualified elector residing in the Single-Member District from which he or she was elected, the Executive Director, or his or her designee, shall present such evidence to the Board at a public hearing to determine whether a vacancy should be certified.

1302.3

The Executive Director or his or her designee shall notify the Commissioner by certified mail of the hearing and provide the evidence supporting the existence of the vacancy. The hearing shall be held no fewer than twenty (20) days after the mailing of the Notice.

1302.4

The notice shall include the following information:

(a) A statement that the Executive Director or his or her designee shall present evidence that the Commissioner is not a registered qualified elector residing in the Single-Member District from which elected; and

(b) A statement that the Commissioner may rebut the evidence, in-person or in writing.

1302.5

The Executive Director or his or her designee shall send copies of the notice to the following:

(a) The Chairperson of the affected commission;

(b) The Council of the District of Columbia; and

(c) The Mayor of the District of Columbia.

1302.6

The Board shall consider the Executive Director's evidence and any evidence presented in the rebuttal by the Commissioner. If the Board finds that the Commissioner is not a registered qualified elector residing in the Single-Member District from which he or she was elected, the Board shall certify the seat as vacant.

1302.7

Within three (3) days after the certification of the vacancy, the affected Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination.

D.C. Mun. Regs. tit. 3, r. 3-1302

Final Rulemaking published at 43 DCR 1078, 1095 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023)

Authority: The District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) ), as amended.