*NOTE: This section includes amendments by emergency legislation that will expire on June 10, 2021. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a)(1) No person shall be a member of an Advisory Neighborhood Commission unless he:
(A) Is a registered qualified elector actually residing in the single-member district from which he was elected;
(B) Has been residing in such district continuously for the 60 days immediately preceding the day on which he files the nominating petitions as a candidate as such a member;
(C) Holds no other elected public office; and
(D) Has not been convicted of a felony committed while serving as a Commissioner.
(2) For the purpose of this subsection, the term “elected public office” means the Office of Mayor of the District of Columbia, Chairman or member of the Council of the District of Columbia, member of the District of Columbia Board of Education, and the Delegate to the House of Representatives.
(b)(1) Candidates for member of an Advisory Neighborhood Commission shall be nominated by a petition:
(A) Prepared and presented to the Board in accordance with regulations of the Board no later than the 90th calendar day before the date of the election in which he intends to be a candidate; and
(B) Signed by not less than 25 registered qualified electors who are residents of the single-member district from which he seeks election.
(2) Such petitions shall be made available by the Board no later than the 120th calendar day before an election for members of an Advisory Neighborhood Commission.
(3) During a period of time for which a public health emergency has been declared by the Mayor pursuant to § 7-2304.01:
(A) Petition sheets circulated in support of a candidate shall be filed with the Board in hard copy but may be electronically provided by the:
(i) Board to the candidate;
(ii) Candidate to qualified petition circulators; and
(iii) Qualified petition circulator to the candidate;
(B) Signatures on such petition sheets shall not be invalidated because the signer was also the circulator of the same petition on which the signature appears; and
(C) If the election is for member of an Advisory Neighborhood Commission representing the single-member district containing the Central Detention Facility and Correctional Treatment Facility:
(i) The Board shall develop, and the Department of Corrections shall distribute, lay-friendly educational materials for individuals in the Department of Corrections' care and custody about how to register to vote, residency requirements to run for Advisory Neighborhood Commissioner, how to vote, and the functions of an Advisory Neighborhood Commission; and
(ii) The Department of Corrections shall facilitate the transmission of the petition sheets to any candidates who are in the care and custody of the Department of Corrections and from the candidates to the Board, as well as the petition circulation among the qualified registered electors in its care and custody.
(Oct. 10, 1975, D.C. Law 1-21, § 6, 22 DCR 2068; Oct. 30, 1975, D.C. Law 1-27, § 4, 22 DCR 2472; Sept. 26, 1984, D.C. Law 5-111, § 2(a), (b), 31 DCR 3952; Feb. 5, 1994, D.C. Law 10-68, § 3(a), 40 DCR 6311; June 5, 2012, D.C. Law 19-137, § 201(b), 59 DCR 2542; July 13, 2012, D.C. Law 19-157, § 6, 59 DCR 5598; Apr. 7, 2017, D.C. Law 21-269, § 2(c), 64 DCR 2162; Mar. 17, 2021, D.C. Act 24-30, § 905(a), 68 DCR 003101.)
1981 Ed., § 1-256.
1973 Ed., § 1-171d.
Effect of Amendments
D.C. Law 19-137, in subsec. (b)(1)(A), substituted “90th calendar day” for “60th calendar day”; and, in subsec. (b)(2), substituted “144th calendar day” for “90th calendar day”.
D.C. Law 19-157, in subsec. (b)(2), substituted “120th calendar day” for “144th calendar day”.
Applicability of D.C. Law 21-269: § 3 of D.C. Law 21-269 provided that the change made to this section by § 2(c) of D.C. Law 21-269 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
For temporary (90 day) amendment of section, see § 201(b) of Comprehensive Military and Overseas Voters Accommodation Emergency Act of 2011 (D.C. Act 19-230, November 16, 2011, 58 DCR 9942).
For temporary (90 day) amendment of section, see § 201(b) of Comprehensive Military and Overseas Voters Accommodation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-310, February 22, 2012, 59 DCR 1688).
For temporary (90 day) amendment of section, see § 4 of Advisory Neighborhood Commissions Boundaries Emergency Act of 2012 (D.C. Act 19-341, April 8, 2012, 59 DCR 2788).
Section 201(b) of D.C. Law 19-88, in subsec. (b)(1)(A), substituted “90th calendar day” for “60th calendar day” and substituted “144th calendar day” for “90th calendar day”.
Section 302(b) of D.C. Law 19-88 provided that the act shall expire after 225 days of its having taken effect.
Section 4 of D.C. Law 19-145, in subsec. (b)(2), substituted “120th calendar day” for “144th calendar day”.
Section 7(b) of D.C. Law 19-145 provided that the act shall expire after 225 days of its having taken effect.