1100 RECALL OF ELECTED OFFICIALS

1100.1 In order to commence recall proceedings against an elected official, a registered qualified elector shall file a notice of intention to recall with the Board in accordance with the provisions of this chapter and D.C. Code §1-1001.17 (2001 Ed.).1100.2 In accordance with the provisions of D.C. Code §1-1001.17(a) (2001 Ed.), the Board shall not accept a notice of intention to recall the Delegate to the U.S. House of Representatives.1100.3 In accordance with the provisions of D.C. Code §1-1001.17(c) (2001 Ed.), the Board shall not accept a notice of intention to recall which is filed within the first or last three hundred sixty-five (365) days of the term of an elected official, other than a member of an Advisory Neighborhood Commission, or within the same period after a recall election which was decided in the official's favor.1100.4 In accordance with the provisions of D.C. Code §1-1001.17(c) (2001 Ed.), the Board shall not accept a notice of intention to recall a member of an Advisory Neighborhood Commission, which is filed within the following timeframes:- (a) During the first six (6) months of the Commissioner's term of office;

- (b) During the last six (6) months of the Commissioner's term of office; or

- (c) Within six (6) months after a recall election has been decided in favor of the Commissioner.1100.5 A separate notice of intention to recall shall be filed for each officer sought to be recalled.1100.6 The notice of intention to recall shall contain the following:- (a) The name and title of the elected officer sought to be recalled;

- (b) A statement not more than two hundred (200) words in length, which gives the reasons for the proposed recall;

- (c) The name, telephone number, and residence address of each proposer of the recall;

- (d) If the officer was elected to represent a Single-Member District, an affidavit that each proposer is a registered qualified elector in the Single-Member District of the commissioner whose recall is being sought;

- (e) If the officer was elected to represent an election ward or school district, an affidavit stating that each proposer is a registered qualified elector in the election ward or school district of the elected officer whose recall is sought; or

- (f) If the officer was elected at-large, an affidavit that each proposer is a registered qualified elector of the District.1100.7 Upon submission of a notice of intention to recall, the Board shall issue a receipt to the proposer or his or her representative.1100.8 Within five (5) calendar days of the filing of the notice, the Board shall serve, personally or by certified mail, a copy of the notice of intention on the elected officer sought to be recalled.1100.9 Within ten (10) calendar days after the filing of the notice of intention, the elected officer sought to be recalled may file with the Board a response in accordance with the provisions of D.C. Code §1-1001.17(d) (2001 Ed.), a copy of which shall be served on the proposer by the Board.

1100.10 The proposer of a recall measure for any elected officer, other than a member of an Advisory Neighborhood Commission, shall file a verified statement of contributions with the Office of Campaign Finance.

1100.11 For the purposes of this chapter, the term "verified statement of contributions," in accordance with D.C. Code §1-1001.17(i)(1)(A) (2001 Ed.), shall consist of the following:

(a) The statement of organization, under D.C. Code § 1-1102.04 (2001 Ed.); and

(b) The report(s) of receipts and expenditures, under D.C. Code § 1-1102.06 (2001 Ed.).

1100.12 Upon receipt of each recall measure, the Board shall refuse to accept the measure if the Board finds that the proposer has not filed a verified statement of contributions by no later than ten (10) days after the filing of the recall measure.

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 8 of the Initiative, Referendum, and Recall Procedures Act of 1979, D.C. Law 3-1, D.C. Code § 1-1021.02 (2001 Ed.).

SOURCE: Final Rulemaking published at 48 D.C. Reg. 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 D.C. Reg. 2737 (March 22, 2002); and further amended at 55 DCR 6846 (June 20, 2008).