Section 1-309.05 - Advisory Neighborhood Commissions - Qualifications of members; nomination by petition(a)(1) No person shall be a member of an Advisory Neighborhood Commission unless the person: (A) Is a registered qualified elector actually residing in the single-member district from which the person was elected;(B) Has been residing in such district continuously for the 60 days immediately preceding the day on which the person files the nominating petitions as a candidate as such a member;(C) Holds no other elected public office; and(D) With the exception of a member representing the single-member district that includes the Central Detention Facility and Correctional Treatment Facility, has not been convicted of a felony committed while serving as a Commissioner.(2) For the purpose of this subsection, the term "elected public office" means the offices of Mayor, Chairman or member of the Council, member of the State Board of Education, and the Delegate to the House of Representatives.(b)(1) Except as provided in paragraph (3) of this subsection, candidates for member of an Advisory Neighborhood Commission shall be nominated by a petition: (A) Prepared and presented to the Board in accordance with regulations of the Board no later than the 90th calendar day before the date of the election in which the person intends to be a candidate; and(B) Signed by not less than 25 registered qualified electors who are residents of the single-member district from which the candidate seeks election.(2) Such petitions shall be made available by the Board no later than the 120th calendar day before an election for members of an Advisory Neighborhood Commission.(3) Petition sheets circulated in support of a candidate shall be filed with the Board in hard copy but may be electronically provided by the: (A) Board to the candidate;(B) Candidate to a qualified petition circulator; and(C) Qualified petition circulator to the candidate.(4) No signature on a petition sheet shall be invalidated because the signer was also the circulator of the same petition sheet on which the signature appears.(5)(A) If the election is for a member of an Advisory Neighborhood Commission representing the single-member district containing the Central Detention Facility and Correctional Treatment Facility: (i) The Board shall develop, and the Department of Corrections shall distribute, lay-friendly educational materials for individuals in the Department of Corrections' care and custody about how to register to vote and how to vote, residency and elections requirements to run for Advisory Neighborhood Commissioner, and the functions of an Advisory Neighborhood Commission; and(ii) The Department of Corrections shall facilitate the transmission of petition sheets to any candidates who are in its care and custody, petition circulation among the registered qualified electors in its care and custody, and transmission of those petition sheets from candidates in its care and custody to the Board.(B) No Department of Corrections employee properly exercising their duties pursuant to the requirements of subparagraph (A) of this paragraph shall be found to have committed a violation of the District's Code of Conduct, as defined in section 101(7) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01(7)), or the Prohibition on Government Employee Engagement in Political Activity Act of 2010, effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code § 1-1171.01 et seq.), for so doing.Amended by D.C. Law 24-342,§ 2, 69 DCR 014609, eff. 4/6/2023.Amended by D.C. Law 24-277,§ 2, 69 DCR 015125, eff. 2/23/2023, exp. 10/6/2023.Amended by D.C. Law 25-7,§ 2, 70 DCR 001867, eff. 2/1/2023, exp. 5/2/2023.Amended by D.C. Law 24-656,§ 2, 0 DCR 0, eff. 11/21/2022, exp. 2/19/2023.Amended by D.C. Law 24-130,§ 3, 69 DCR 004404, eff. 6/30/2022, exp. 2/12/2023.Amended by D.C. Law 24-108,§ 2, 69 DCR 001480, eff. 4/8/2022, exp. 11/19/2022.Amended by D.C. Law 24-347,§ 3, 0 DCR 0, eff. 3/28/2022, exp. 6/26/2022.Amended by D.C. Law 24-316,§ 2, 0 DCR 0, eff. 2/3/2022, exp. 5/4/2022.Amended by D.C. Law 24-9,§ IX-905, 68 DCR 004824, eff. 6/24/2021, exp. 2/4/2022.Amended by D.C. Act 23-405,§ IX-905, 67 DCR 9400, eff. 8/19/2020.Oct. 10, 1975, D.C. Law 1-21, § 6, 22 DCR 2068; Oct. 30, 1975, D.C. Law 1-27, § 4, 22 DCR 2472; Sept. 26, 1984, D.C. Law 5-111, § 2(a), (b), 31 DCR 3952; Feb. 5, 1994, D.C. Law 10-68, § 3(a), 40 DCR 6311; June 5, 2012, D.C. Law 19-137, § 201(b), 59 DCR 2542; July 13, 2012, D.C. Law 19-157, § 6, 59 DCR 5598; Apr. 7, 2017, D.C. Law 21-269, § 2(c), 64 DCR 2162; May 27, 2020, D.C. Act 23-326, § 905(a), 0 DCR 0.Applicability
Applicability of D.C. Law 21-269: § 7145 of D.C. Law 23-16 repealed § 3 of D.C. Law 21-269. Therefore the amendment of this section by D.C. Law 21-269 has been implemented.
Section 7036 of D.C. Law 22-33 amended § 3 of D.C. Law 21-269 to repeal the delayed applicability provision. Therefore the changes made to this section by D.C. Law 21-269 have been given effect.
Applicability of D.C. Law 21-269: § 3 of D.C. Law 21-269 provided that the change made to this section by § 2(c) of D.C. Law 21-269 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.