§ 1-1001.04. Board of Elections--Qualifications; prohibited activities; compensation; removal; time for filling vacancy.

Current through October 23, 2012

(a) When appointing a member of the Board, the Mayor and Council shall consider whether the individual possesses demonstrated integrity, independence, and public credibility and whether the individual has particular knowledge, training, or experience in government ethics or in elections law and procedure. A person shall not be a member of the Board unless he or she:

(1) Is a duly registered voter;

(2) Has resided in the District continuously since the beginning of the 3-year period ending on the day he or she is appointed; and

(3) Holds no other paid office or employment in the District government and no active office, position, or employment in the federal government.

(b) No person, while a member of the Board, shall:

(1) Campaign for any other public office;

(2) Hold any office in any political party or political committee;

(3) Participate in or contribute to any political campaign of any candidate in any election held under this subchapter;

(3A) Be an officer or a director of an organization receiving District funds, or an employee of an organization receiving District funds, who has managerial or discretionary responsibilities with respect to those funds;

(4) Act in his or her capacity as a member, to directly or indirectly attempt to influence any decision of a District government agency, department, or instrumentality relating to any action which is beyond the jurisdiction of the Board; or

(5) Be convicted of having committed a felony in the District of Columbia; or if the crime is committed elsewhere, conviction of such offense as would be a felony in the District of Columbia.

(d)(1) The Mayor may remove any member of the Board who engages in any activity prohibited by subsection (a) or (b) of this section, and appoint a new member to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity he or she shall notify such member, in writing, of the charge against him or her and that such member has 7 days in which to request a hearing before the Council on such charge. If such member fails to request a hearing within 7 days after receiving such notice then the Mayor may remove such member and appoint a new member.

(2) The hearing requested by a member may be either open or closed, as requested by such member. In the event such hearing is closed, the vote of the Council as a result of such hearing shall be taken at an open meeting of the Council. The Council shall begin such hearings within 60 calendar days after receiving notice from the Mayor indicating that a member has requested such a hearing. If two-thirds of the Council vote to remove such member then such member shall be removed.

(e) Any vacancy occurring on the Board shall be filled within 45 days after the occurrence of such vacancy, excluding Saturdays, Sundays, and holidays.

                
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(Aug. 12, 1955, 69 Stat. 699, ch. 862, § 4; Sept. 22, 1970, 84 Stat. 854, Pub. L. 91-405, title II, § 205(i); Dec. 23, 1971, 85 Stat. 794, Pub. L. 92-220, § 1(26); Aug. 14, 1974, 88 Stat. 471, Pub. L. 93-376, title VII, § 706(b); Sept. 2, 1976, D.C. Law 1-79, title I, § 102(3), (4), 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title I, § 103(a), title IV, § 402, 24 DCR 2372; Mar. 10, 1978, D.C. Law 2-50, § 2, 24 DCR 4806; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 3, 1979, D.C. Law 2-139, § 3205(v), 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(gg), 27 DCR 2632; Mar. 16, 1982, D.C. Law 4-88, § 2(n), (q), (s), 29 DCR 458; Feb. 4, 2010, D.C. Law 18-103, § 2(b), 56 DCR 9169; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(3), 59 DCR 1862; Sept. 20, 2012, D.C. Law 19-168, § 1133, 59 DCR 8025.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-1304.

1973 Ed., § 1-1104.

Effect of Amendments

D.C. Law 18-103 rewrote subsec. (a); and added subsec. (b)(3A). Prior to amendment, subsec. (a) read as follows:

"(a) No person shall be a member of the Board unless he or she qualifies as an elector and resides in the District. No person may be appointed to the Board unless he or she has resided in the District continuously since the beginning of the 3-year period ending on the day he or she is appointed. Members of the Board shall hold no other paid office or employment in the District government and shall hold no active office, position or employment in the federal government. Not more than 2 members shall be members of the same political party."

D.C. Law 19-124, in the section heading, substituted "Board of Elections" for "Board of Elections and Ethics".

D.C. Law 19-168 rewrote subsec. (c), which formerly read:

"(c)(1) Each member of the Board, excluding the Chairman, shall receive compensation, as provided in § 1-611.08, while actually in the service of the Board, not to exceed the sum of $12,500 per annum."

"(2) The Chairman of the Board shall receive compensation, as provided in § 1 611.08, while actually in the service of the Board, not to exceed the sum of $26,500 per annum."

Emergency Act Amendments

For temporary (90 day) amendment of section, see §§ 2(b), 4(a) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 401(g)(3) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Legislative History of Laws

For legislative history of D.C. Law 1-79, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 1-126, see Historical and Statutory Notes following § 1-1001.02.

Law 2-50 was introduced in Council and assigned Bill No. 2-153, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 25, 1977 and November 8, 1977, respectively. There being no action by the Mayor, it was assigned Act No. 2- 106 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 2-101, see Historical and Statutory Notes following § 1-1001.01.

Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.

Law 3-81 was introduced in Council and assigned Bill No. 3-236, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 22, 1980 and May 20, 1980, respectively. Signed by the Mayor on June 4, 1980, it was assigned Act No. 3-195 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 4-88, see Historical and Statutory Notes following § 1-1001.01.

For Law 18-103, see notes following § 1-1001.02.

For history of Law 19-124, see notes under § 1-122.

For history of Law 19-168, see notes under § 1-137.01.

Miscellaneous Notes

Section 4(a) of D.C. Law 18-103 provides:

"(a) Section 2(b)(1) shall not apply to any individual who is a member of the Board of Elections and Ethics on the effective date of this act."