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ENROLLED ORIGINAL AN ACT IN THE COUNCIL
OF THE DISTRICT OF COLUMBIA
To amend, on an emergency basis, due to Congressional review, the Advisory Neighborhood
Commissions Act of 1975 to eliminate the requirement for the Board of Elections and Ethics
to conduct special elections to fill Commissioner vacancies, to allow Commissioner slots
to remain vacant where vacancies occur within 6 months prior to a general election, to
allow vacancies in single-member districts to be filled by an open vote of the members of
the single-member districts, and to allow area Advisory Neighborhood Commissions to
appoint persons to fill vacancies under certain circumstances.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Advisory Neighborhood Commission Vacancy Congressional Review Emergency
Amendment Act of 1999'.
Sec. 2. Section 8(d) of the Advisory Neighborhood Commissions Act of 1975, effective
October 10, 1975 (D.C. Law 1-21; D.C. Code §1-257(d)), is amended to read as follows:
"(d)(1) Whenever a vacancy exists in the office of a Commissioner, and the vacancy
does not occur within the 6-month period prier to a general election, the vacancy shall be
filled pursuant to paragraph (6) of this subsection. No vacancy shall be filled if it
occurs within the 6-month period prior to a general election.
"(2) For purposes of this section, a vacancy is deemed to exist upon the
publication of a notice of the vacancy in the District of Columbia Register.
"(3) Within 90 days of the date that the Board declares a vacancy, the members of
the Advisory Neighborhood Commission area where the vacancy exists shall fill the vacancy
pursuant to paragraph (6) of this subsection.
"(4) Each person appointed or elected to fill a vacancy shall meet the
qualifications set forth in section 6(a).
"(5) Each person appointed or elected to fill a vacancy shall serve until a
successor has been certified and sworn in pursuant to subsection (b) of this section.
"(6)(A) Within 5 days (excluding Saturdays, Sundays, and legal holidays) after the
date that the Board declares a vacancy, the Board shall make available petitions for the
purpose of obtaining the signatures of registered qualified electors within the affected
single-member district.
"(B) In the event petitions are not obtained by any registered qualified elector
within the affected single-member district within 7 working days after the petitions have
been made available, the Board shall recertify the vacancy by republishing the notice
required by paragraph (2) of this subsection.
"(C) Within 21 days of the date the Board makes the petitions available, persons
interested in filling the vacancy shall submit a petition to the Board that contains the
signatures of at least 25 registered qualified electors within the affected single-member
district. The Board, after a 5-working-day challenge period, shall transmit a list of the
names of persons who qualify for appointment to the affected Advisory Neighborhood
Commission area.
"(D) If there is only 1 person qualified to fill the vacancy within the affected
single-member district, the area Advisory Neighborhood Commissioners shall appoint the
qualified person to the vacant Advisory Neighborhood Commissioner position at its next
regularly scheduled meeting.
"(E) If the Board transmits a list of qualified candidates containing more than 1
name, the affected area Advisory Neighborhood Commission shall give notice at a public
meeting that at the next regularly scheduled meeting there shall be an open vote of the
members of the affected single-member district to elect the new commissioner. All
registered qualified electors shall display their voter identification card or,
alternatively, be listed on the voter registration list (provided by the Board) as a voter
in the affected single-member district. The ballots shall be counted by at least two
impartial vote counters. The results shall be read aloud by the Chair of the Advisory
Neighborhood Commission, or alternatively, by such commissioners as the Chair shall
designate.
"(F) After a vacancy has been filled pursuant to this subsection, the affected
area Advisory Neighborhood Commission shall transmit to the Board a resolution signed by
the Chairman and Secretary of the Advisory Neighborhood Commission that states the winner
of the Advisory Neighborhood Commissioner SMD election and requests that the Board declare
the vacancy filled The resolution shall also be sent to the following:
"(i) The Council of the District of Columbia;
"(ii) The Mayor; and
"(iii) The person appointed or elected by the Commission.
"(G) The Board shall certify the filling of the vacancy by publication in the
District of Columbia Register.".
Sec. 3. This act shall apply as of December 30, 1999.
Sec. 4. Fiscal impact Statement. This act will have no fiscal impact.
Sec. 5. This act shall take effect following approval by the Mayor (or in the event of
veto by the Mayor, action by the Council to override the veto), approval by the Financial
Responsibility and Management Assistance Authority as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), end shall remain in
effect for no longer than 90 days, beginning on December 30, 1999, as provided for
emergency acts of the Council of the District of Columbia in section 412(a) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Code
§1-229(a)).
Chairman
Council of the District of Columbia
Mayor
District of Columbia |
