D.C. Mun. Regs. r. 3-1300

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

Rule 3-1300 - GENERAL PROVISIONS

1300.1

This chapter governs the process by which vacancies in the office of Advisory Neighborhood Commissioner are certified and filled.

1300.2

For the purposes of this chapter, a vacancy is deemed to exist in the office of a member of an Advisory Neighborhood Commissioner when any of the following occurs:

(a) Resignation of the incumbent by signed letter received by the Board, provided that if such resignation letter is prospective, the resignation is notarized, irrevocable, and effective not more than sixty (60) days following receipt of the letter;

(b) Failure of the incumbent to reside in the Single-Member District from which the member is elected, as determined by resolution of the Advisory Neighborhood Commission that has been certified by the Board, or by other findings of the Board, as described in this chapter;

(c) Failure of the incumbent to have resided in the Single-Member District from which the member is elected for the 60-day period immediately preceding the day on which the incumbent filed the nominating petitions as a candidate for the office held;

(d) The incumbent holds another elected public office as defined by D.C. Official Code § 1-309.05(a)(2) (2016 Repl. & 2019 Supp.);

(e) With the exception of a member representing the single-member district that includes the Central Detention Facility and Correctional Treatment Facility, the incumbent is convicted of a felony that was committed while he or she held the office;

(f) Death of the incumbent;

(g) Declaration of vacancy by a court;

(h) Successful recall of the incumbent; or

(i) When the office of an Advisory Neighborhood Commissioner from a Single-Member District remains vacant after a general election.

D.C. Mun. Regs. r. 3-1300

Final Rulemaking published at 43 DCR 1078, 1094-95 (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 DCR 12730 (9/22/2023)

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.