D.C. Mun. Regs. r. 3-1100

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 3-1100 - GENERAL PROVISIONS

1100.1

This chapter governs the process by which the qualified electors of the District of Columbia may call for the holding of an election to remove or retain an elected official of the District of Columbia (except the Delegate to the House of Representatives) prior to the expiration of his or her term ("recall").

1100.2

For purposes of this chapter, unless otherwise provided, the following terms shall have the meaning ascribed:

(a) The term "elected official" means any of the following office holders:

(1) Mayor of the District of Columbia;

(2) Members of the Council of the District of Columbia;

(3) Attorney General for the District of Columbia;

(4) United States Senator;

(5) United States Representative;

(6) Members of the State Board of Education; and

(7) Advisory Neighborhood Commissioner.

(b) The term "qualified petition circulator" means an individual who is:

(1) At least 17 years of age and who will be 18 years of age on or before the next general election; and

(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

1100.3

In order to commence recall proceedings against an elected official, a registered qualified elector shall file a Notice of Intent to Recall ("Recall Notice") in-person at the Board's office. A Recall Notice shall be considered properly filed under the following conditions:

(a) If the elected official sought to be recalled is either the Mayor, Chairman or Member of the Council; Attorney General, Senator, Representative, or Member of the State Board of Education, the Recall Notice is not filed within the first or last three hundred sixty-five (365) days of the elected official's term of office or within three hundred sixty-five (365) days of a recall election that was decided in the official's favor;

(b) If the elected official sought to be recalled is an Advisory Neighborhood Commissioner, the Recall Notice is not filed within the first or last six (6) months of the Commissioner's term of office or within six (6) months of a recall election that was decided in the Commissioner's favor;

(c) If the elected official sought to be recalled was elected from a ward or Single-Member District, each recall proposer is a registered qualified elector in the ward or Single-Member of the elected official sought to be recalled;

(d) Only one elected official is listed as the subject of the Recall Notice;

(e) The Recall Notice includes a statement of not more than two hundred (200) words giving the reasons for the proposed recall;

(f) The name, telephone number, email address, and residence address of each recall proposer is included and legible in the Recall Notice; and

(g) The Recall Notice is accompanied by a copy of the statement of organization and report(s) of receipts and expenditures that have been filed with the Office of Campaign Finance.

1100.4

Upon submission of a properly filed Recall Notice, the Executive Director or his or her designee shall issue a receipt to the proposer or his or her representative.

1100.5

Within five (5) calendar days after a Recall Notice has been properly filed, the General Counsel or his or her designee shall serve, personally or by certified mail, a copy of the Recall Notice on the elected official sought to be recalled. The elected official sought to be recalled may, within ten (10) calendar days after the Recall Notice was filed, submit a response of no more than two hundred (200) words to the Board. The General Counsel shall serve a copy of any response submitted on the recall proposer(s).

1100.6

For the purposes of this section, the following rules shall apply to the counting of words in the proposer's statement in the Recall Notice as well as the response submitted by the elected official:

(a) Punctuation is not counted;

(b) Each word shall be counted as one (1) word except as specified in this subsection;

(c) All geographical names shall be considered as one (1) word; for example, "District of Columbia" shall be counted as one (1) word;

(d) Each abbreviation for a word, phrase, or expression shall be counted as one (1) word;

(e) Hyphenated words that appear in any generally available dictionary shall be considered as one (1) word. Each part of all other hyphenated words shall be counted as a separate word;

(f) Dates consisting of a combination of words and digits shall be counted as two (2) words. Dates consisting only of a combination of digits shall be counted as one (1) word; and

(g) Any number consisting of a digit or digits shall be considered as one (1) word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one (1) word whereas "one hundred" shall be counted as two (2) words. The number one hundred "100," shall be counted as one (1) word.

D.C. Mun. Regs. r. 3-1100

Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 55 DCR 6846 (June 20, 2008); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); amended by Final Rulemaking published at 68 DCR 11075 (10/22/2021); amended by Final Rulemaking published at 70 DCR 12730 (9/22/2023)

Authority: D.C. Official Code § 1-1001.05(a)(14).