130579 Amendments to Chapter 9, section 900, "Filling Vacancies," and section 904, "Vacancy in the Office of Elected Member of the Board of Education."
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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
NOTICE OF FINAL RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Code § 1-1001.05(a)(14) hereby gives notice of action to adopt the following amendments to 3 DCMR Chapter 9, “Filling Vacancies.”
The amendments: (1) reflect changes to the names of federal and District of Columbia agencies and agency guidelines; and (2) correct typographical errors made as a result of the District-wide electronic regulation updating process.
A Notice of Proposed Rulemaking with respect to these amendments was published in the D.C. Register on October 23, 2009 at 56 D.C.R. 8440. No comments were received concerning these rules. These amendments will be effective upon publication of this notice in the D.C. Register.
Section 900 of Chapter 9 of 3 DCMR, “Filling Vacancies,” shall be amended to read as follows:
900 FILLING VACANCIES
900.1 This chapter governs the procedures of the District of Columbia Board of Elections and Ethics in the event a vacancy occurs in any of the following offices prior to the expiration of the term of office:
a) The Mayor of the District of Columbia;
b) The Chairman of the Council of the District of Columbia;
c) At-large and Ward members of the Council of the District of Columbia;
d) At-large and Ward members of the State Board of Education; and
e) Delegate to the House of Representatives.
900.2 A vacancy shall exist in the offices enumerated in § 900.1 when any of the following occurs during the public official’s term of office:
a) Resignation;
b) Death; or
c) Declaration of vacancy by a court.
900.3 A vacancy shall also exist in the offices of Mayor, Member of the Council of the District of Columbia, or Member of the District of Columbia Board of Education whenever a recall election is conducted and, as a result of that recall election, an elected officer is removed from office.”
Section 904 of Chapter 9 of 3 DCMR, “Vacancy in the Office of Elected Member of the Board of Education,” shall be amended to read as follows:
904 VACANCY IN THE OFFICE OF ELECTED MEMBER OF THE STATE BOARD OF EDUCATION
904.1 When a member of the State Board of Education resigns his or her office prior to expiration of the term, the resignation shall be in writing and in duplicate.
904.2 The resigning member of the State Board of Education shall forward one duplicate original of the resignation to the Mayor and one duplicate original to the Chairperson of the D.C. Board of Elections and Ethics.
904.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue the appropriate notification as provided by § 906
904.4 When a member of the State Board of Education dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the member of the State Board of Education, certify the seat vacant and issue the appropriate notification as provided by § 906.
904.5 When a vacancy in the office of Member of the State Board of Education is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the President of the State Board of Education of the vacancy by registered mail.
904.6 When a vacancy in the office of Member of the State Board of Education occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, do the following:
a) Certify the seat vacant;
b) Notify the State Board of Education; and
c) Issue the appropriate notification as provided by § 906.
904.7 When the office of the President becomes vacant, the State Board of Education shall select one of the members of the Board to serve as the President pursuant to the by-laws of the State Board of Education.”
