202844 Notice of Proposed Rulemaking, Chapter 11, "Recall of Elected Officials"  

  • DISTRICT OF COLUMBIA

    BOARD OF ELECTIONS AND ETHICS

     

    NOTICE OF PROPOSED 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 proposed rulemaking action to adopt the following amendments to 3 DCMR Chapter 11, “Recall of Elected Officials.”

     

                The proposed amendments represent changes to the Board’s regulations as a result of the “Omnibus Election Reform Amendment Act of 2009,” effective February 4, 2010 (D.C. Act 18-238, 56 D.C. Reg. 9169 (Dec. 4, 2009)).  These amendments specifically change the date on which the circulation period for a recall petition begins.

     

                The Board gives notice of its intent to take final rulemaking action to adopt these amendments in not less than 30 days from the date of publication of this notice in the D.C. Register.

     

    Section 1103 of Chapter 11 of 3 DCMR, “Circulation of Petitions,” shall be amended to read as follows:

     

    “1103         CIRCULATION OF PETITIONS

     

    1103.1    The proposer shall advise all circulators of the petition that pursuant to D.C. Code § 1-1001.14 (2006 Repl.), it is unlawful to do the following:

     

    (a)    Tender any form of compensation to a qualified elector of his or her signature upon any recall petition; or

     

    (b)   Make any false statement to the Board concerning any recall petition or the signatures appended to the petition.

     

    1103.2            The proposer of a recall petition for all elected officers, other than member of an Advisory Neighborhood Commission, shall have one hundred and eighty (180) calendar days to secure the proper number of signatures and file the petition with the Board.

     

    1103.3    The proposer of a recall petition for a member of an Advisory Neighborhood Commission shall have sixty (60) calendar days to secure the proper number of signatures and file the petition with the Board.

     

    1103.4    The circulation period for a recall petition shall begin on the date upon which the proposer of the recall formally adopts the original petition form as his or her own form pursuant to § 1101.4.”

     

    All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, Board of Elections and Ethics, 441 4th Street, N.W., Suite 270N, Washington, D.C. 20001. Copies of the proposed rules may be obtained at cost from the above address, Monday through Friday, between the hours of 9:00 a.m. and 4:00 p.m.

     

Document Information

Rules:
3-1103