D.C. Code § 1-204.35

Current through codified legislation effective September 18, 2024
Section 1-204.35 - Election of the Attorney General
(a) The Attorney General for the District of Columbia shall be elected on a partisan basis by the registered qualified electors of the District. Nothing in this section shall prevent a candidate for the position of Attorney General from belonging to a political party.
(b)
(1) If a vacancy in the position of Attorney General occurs as a consequence of resignation, permanent disability, death, or other reason, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Attorney General to fill a vacancy in the Office of the Attorney General shall take office on the day in which the Board of Elections and Ethics certifies his or her election, and shall serve as Attorney General only for the remainder of the term during which the vacancy occurred unless reelected.
(2) When the position of Attorney General becomes vacant, the Chief Deputy Attorney General shall become the Acting Attorney General and shall serve from the date the vacancy occurs until the date on which the Board of Elections and Ethics certifies the election of the new Attorney General at which time he or she shall again become the Chief Deputy Attorney General. While the Chief Deputy Attorney General is Acting Attorney General, he or she shall receive the compensation regularly paid the Attorney General, and shall receive no compensation as Chief Deputy Attorney General.
(c) The term of office for the Attorney General shall be 4 years and shall begin on noon on January 2nd of the year following his or her election. The term of office of the Attorney General shall coincide with the term of office of the Mayor.
(d) Any candidate for the position of Attorney General shall meet the qualifications of § 1-301.83, prior to the day on which the election for the Attorney General is to be held.
(e) The first election for the position of Attorney General shall be after January 1, 2014.

D.C. Code § 1-204.35

Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, title IV, § 435; as added May 28, 2011, D.C. Law 18-160A, §201(b), 57 DCR 3012; July 18, 2012, 126 Stat. 1133, Pub. L. 112-145, § 2 (c).

Section 203 of D.C. Law 19-120 amended section 202 of D.C. Law 18-160 to read as follows:

"Sec. 202. Applicability.

"Section 201 shall apply upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum held for such purpose and a 35-day period of Congressional review as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03 ), and publication in the District of Columbia Register.".

Section 3 of Pub. L. 112-145 provided that the amendments made by section 2 of the act shall apply with respect to vacancies occurring on or after July 18, 2012.