Section 3-1100. GENERAL PROVISIONS  


Latest version.
  •  

    1100.1This chapter governs the process by which the qualified electors of the District of Columbia may call for the holding of an election to remove or retain an elected official of the District of Columbia (except the Delegate to the House of Representatives) prior to the expiration of his or her term (“recall”).

     

    1100.2For purposes of this chapter, unless otherwise provided, the following terms shall have the meaning ascribed:

     

    (a) The term “elected official” means any of the following office holders:

     

    (i) Mayor of the District of Columbia;

     

    (ii) Members of the Council of the District of Columbia;
     

    (iii) Attorney General for the District of Columbia;
     

    (iv) United States Senator;

     

    (v) United States Representative;

     

    (vi) Members of the State Board of Education; and
     

    (vii) Advisory Neighborhood Commissioner.

     

    (b) The term “qualified petition circulator” means an individual who is:
     

    (i)At least 18 years of age; and

     

    (ii)Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter. 

     

    1100.3In order to commence recall proceedings against an elected official, a registered qualified elector shall file a Notice of Intent to Recall (“Recall Notice”) in-person at the Board’s office.  A Recall Notice shall be considered properly filed under the following conditions:

     

    (a) If the elected official sought to be recalled is either the Mayor, Chairman or Member of the Council; Attorney General, Senator, Representative, or Member of the State Board of Education, the Recall Notice is not filed within the first or last three hundred sixty-five (365) days of the elected official’s term of office or within three hundred sixty-five (365) days of a recall election that was decided in the official’s favor;

     

    (b) If the elected official sought to be recalled is an Advisory Neighborhood Commissioner, the Recall Notice is not filed within the first or last six (6) months of the Commissioner’s term of office or within six (6) months of a recall election that was decided in the Commissioner’s favor;

     

    (c) If the elected official sought to be recalled was elected from a ward or Single-Member District, each recall proposer is a registered qualified elector in the ward or Single-Member of the elected official sought to be recalled;

     

    (d) Only one elected official is listed as the subject of the Recall Notice;
     

    (e) The Recall Notice includes a statement of not more than two hundred (200) words giving the reasons for the proposed recall;
     

    (f) The name, telephone number, email address, and residence address of each recall proposer is included and legible in the Recall Notice; and
     

    (g) The Recall Notice is accompanied by a copy of the statement of organization and report(s) of receipts and expenditures that have been filed with the Office of Campaign Finance.

     

    1100.4Upon submission of a properly filed Recall Notice, the Executive Director or his or her designee shall issue a receipt to the proposer or his or her representative.

     

    1100.5Within five (5) calendar days after a Recall Notice has been properly filed, the General Counsel or his or her designee shall serve, personally or by certified mail, a copy of the Recall Notice on the elected official sought to be recalled.  The elected official sought to be recalled may, within ten (10) calendar days after the Recall Notice was filed, submit a response of no more than two hundred (200) words to the Board.  The General Counsel shall serve a copy of any response submitted on the recall proposer(s).

     

     

authority

D.C. Official Code § 1-1001.05 (a)(14).

source

Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 55 DCR 6846 (June 20, 2008); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014).