1300

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) The assumption by the incumbent of another elected public office as defined by D.C. Official Code § 1-309.05(a)(2) (2006 Repl.);
4. (d) Death of the incumbent;
5. (e) Declaration of vacancy by a court;
6. (f) The 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. Official Code § 1-309.06(d)(6) (2006 Repl. & 2012 Supp.).

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 affected Single-Member District.

1300.5 In the event petitions are not obtained by any registered qualified elector within the affected Single-Member District within fourteen (14) 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.

SOURCE: 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).