1305 DECLARATION OF VACANCY BY THE BOARD OF ELECTIONS

1305.1 If the Executive Director determines, through the Boards established procedures 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, the Executive Director, or his or her designee, shall present evidence of such to the Board.

1305.2 The Board shall consider the evidence, and any evidence presented in the rebuttal by the Commissioner, at a regular monthly meeting or special meeting held not less than twenty (20) days after the mailing of the notice required in § 1305.5.

1305.3 The Executive Director or his or her designee shall notify the Commissioner of the meeting by sending a Notice of Pending Removal to the Commissioner. The Notice shall be sent by certified mail.

1305.4 The Executive Director or his or her designee shall also attach copies of the evidence supporting the removal to the Notice of Pending Removal.

1305.5 The Executive Director or his or her designee shall send copies of the Notice of Pending Removal to the following:

(a) The chairperson of the affected commission;

(b) The Council of the District of Columbia; and

(c) The Mayor of the District of Columbia.

1305.6 The Notice of Pending Removal shall include the following:

(a) Notification that the Executive Director or his or her designee shall present evidence that the Commissioner is not a registered qualified elector actually residing in the Single-Member District from which elected;

(b) A statement that the Commissioner may rebut the reasons for pending removal, in writing; and

(c) A statement that the Commissioner may rebut the reasons for pending removal before the Board at a regular monthly meeting or special meeting occurring at least twenty (20) days after the Notice is issued.

1305.7 If the Board finds that the Commissioner is not a registered qualified elector actually residing in the Single-Member District from which he or she was elected, the Board shall declare and certify a vacancy pursuant to D.C. Official Code § I-309.06(f)(5) (2006 Repl.).

1305.8 Within three (3) days after the announcement of the determination of the District of Columbia Board of Elections and Ethics, the affected Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination.

SOURCE: Final Rulemaking published at 43 D.C. Reg. 1078, 1097-98 (March 1, 1996).