5979485 Resolution 21-459, District of Columbia Board of Elections David Michael Bennett Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-459

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

April 5, 2016        

 

           

To declare the existence of an emergency with respect to the need to confirm the appointment of Mr. David Michael Bennett to the District of Columbia Board of Elections.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “District of Columbia Board of Elections David Michael Bennett Emergency Declaration Resolution of 2016”.

 

            Sec. 2. (a) The District of Columbia Board of Elections (“Board”) is a 3-member, independent agency that convenes to consider and vote on election administration, ballot access, and voter registration matters.

(b) Section 3 of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.03), provides that members of the Board shall be appointed for 3-year terms with the advice and consent of the Council. Further, “a member may be reappointed, and, if not reappointed, the member shall serve until his successor has been appointed and qualifies.” D.C. Official Code § 1-1001.03(c). The day-to-day operations and Board management is conducted by an Executive Director, General Counsel, and a number of support personnel.  

(c) Since July 7, 2014, 2 sitting members of the Board have been holding over. One member of the Board was recently appointed and confirmed in January 2016, and the other 2 members continue to hold over.

            (d) On February 9, 2016, Chairman Mendelson introduced, at the request of the Mayor, Proposed Resolution 21-568, the District of Columbia Board of Elections Michael Bennett Confirmation Resolution of 2016, to confirm the appointment of Mr. David Michael Bennett to the Board for a term to end July 7, 2018.

(e) On March 10, 2016, the Committee on the Judiciary held a public roundtable to consider Mr. Bennett’s nomination. During the public roundtable, the Committee noted Mr. Bennett’s pending nomination to the Board of Governors of the United States Postal Service and the concerns – were he to be confirmed by the United States Senate – that his nomination might implicate D.C. Official Code § 1-1001.04(a)(3).

(f) As there is only one permanent member of the Board and no permanent Executive Director, it is necessary to confirm Mr. Bennett on an emergency basis.

(g) Many issues related to compliance with federal law, efficient vote tabulation, and equipment procurement remain unresolved. Without this action, the Board will lack sufficient leadership to solve these issues and will be unable to adequately prepare for the June 2016 primary election and the November 2016 general election.

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the District of Columbia Board of Elections David Michael Bennett Emergency Confirmation Resolution of 2016 be adopted on an emergency basis.

 

            Sec. 4. This resolution shall take effect immediately.