1300.1 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 and upon the publication of the notice of vacancy in the D.C. Register:

1. (a) Resignation of the incumbent;
2. (b) Failure of the incumbent to actually reside in the Single-Member District from which the member is elected and the procedures outlined in § 1304 have been followed;
3. (c) Holding by the incumbent of another elected public office as defined by D.C. Code § 1-309.05(a)(2) (2006 Repl.);
4. (d) Death of the incumbent;
5. (e) Declaration of vacancy by a court;
6. (f) As the result of a successful recall of the incumbent;
7. (g) When the office of an Advisory Neighborhood Commissioner from a Single-Member District remains vacant after a general or special election, in which case the effective date of the vacancy is the date on which the Commissioner's new term would otherwise begin;
8. (h) When the Board determines, through its established procedure for the maintenance of the voter registration roll, that a Commissioner is no longer a registered qualified elector actually residing in the Single-Member District from which he or she was elected; or
9. (i) When the incumbent submits a sworn, irrevocable letter of prospective resignation to the Board of Elections, pursuant to § 1303 of this chapter.

1300.2 Except when a vacancy occurs in the office of a member of an Advisory Neighborhood Commission pursuant to § 1300.1(h), the Executive Director or his or her designee shall be authorized to certify the seat vacant.

1300.3 Within ninety (90) days of the date that the Board declares a vacancy, the members of the Advisory Neighborhood Commission area where the vacancy exists shall fill the vacancy pursuant to D.C. Code § 1-309.06(d)(6) (2006 Repl.).

1300.4 Within five (5) days (excluding Saturdays, Sundays, and legal holidays) after the date that the Board declares a vacancy, the Board shall make petitions available for obtaining signatures of registered electors within the respective Single-Member District.

1300.5 In the event petitions are not obtained by any registered qualified elector within the affected Single-Member District within seven (7) working days after petitions have been made available, the Board shall republish the notice pursuant to § 1300.1 of this chapter in the D.C. Register.

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 5 of an Act. To regulate the election of delegates representing the District of Columbia to national political conventions and for other purposes (popularly referred to as the District of Columbia Election Act of 1955'), 69 Stat. 700, ch. 862, § 5, D.C. Code § 1-1001.05(a)(14) (2006 Repl.).

SOURCE: Final Rulemaking published at 43 D.C. Reg. 1078, 1094-95 (March 1, 1996).