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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 final rulemaking action to adopt the following amendments to 3 DCMR Chapter 11, “Recall of Elected Officials.” The Board took final rulemaking action with respect to these amendments at a regular meeting on Thursday, May 6, 2010.
These 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.
A Notice of Proposed Rulemaking with respect to these amendments was published in the D.C. Register on March 19, 2010 at 57 D.C. Reg. 2345. Comments on these proposed rules were received and considered prior to finalizing the regulations. Technical corrections were made to the regulations which do not substantially alter or change the intent, meaning, or application of the proposed rules. These final rules will be effective upon 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 for 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.”
