910.1 The D.C. Board of Elections shall conduct a special election in order to elect an individual to serve the unexpired portion of the term of office vacated, except that no special election shall be conducted when:

1. (a) A vacancy occurs in the office of Delegate on or after May 1st of the last year of the Delegate's term of office; or
2. (b) A vacancy occurs in the office of member of the State Board of Education on or after February 1st of the last year of the term of the affected office.

910.2 At the time of the certification of a vacancy, the Board shall, if applicable, call a special election. A call for a special election shall include the following:

1. (a) The date upon which the special election is to be held;
2. (b) The date upon which nomination petition forms will be made available to candidates; and
3. (c) Other relevant election calendar information.

910.3 A special election held pursuant to this chapter shall be held on a Tuesday occurring at least seventy (70) days and not more than one hundred seventy-four (174) days after the date on which such vacancy occurs, which the Board determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation.

910.4 Within seven (7) days after the certification of a vacancy, the Board shall make available nomination petition forms to candidates seeking nomination to fill the vacancy.

910.5 The qualifications for ballot access of candidates and the rules governing the access in any special election held to fill a vacancy shall be the same as those for direct nomination to the office in any general election, as provided for in D.C. Official Code § 1- 1001.08(j) (2012 Repl.) and Chapter 16 of this title.

910.6 All elections provided in this section are special elections, even though the balloting may be at the same time as a previously scheduled primary or general election.

SOURCE: Final Rulemaking published at 36 DCR 7820 (November 10, 1989); as amended by Final Rulemaking published at 39 DCR 4166, 4167 (June 12, 1992); as amended by Final Rulemaking published at 58 DCR 8058, 8065 (September 16, 2011); as amended by Emergency and Proposed Rulemaking published at 59 DCR 627 (January 27, 2012)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 4780 (May 11, 2012); as amended by Final Rulemaking published at 62 DCR 2008 (February 13, 2015); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023).