910.1 The D.C. Board of Elections and Ethics 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;
2. (b) A vacancy occurs in the office of Elected Member of the Board of Education on or after February 1st of the last year of the term of the vacant office; or
3. (c) A vacancy occurs in the office of the President of the Board of Education.

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 the first Tuesday occurring more than one hundred fourteen (114) days after the date the Board certifies the office vacant or the date on which the vacancy becomes effective, whichever is later; provided, that the Board determines that the vacancy could not be more practicably filled in a special election held on the same day as the next general election occurring within sixty (60) days of the date on which a special election would otherwise be held.

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) (2006 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).