2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter V - Advisory Neighborhood Commissions › Part A - General › § 1–309.05. Advisory Neighborhood Commissions — Qualifications of members; nomination by petition

§ 1–309.05. Advisory Neighborhood Commissions — Qualifications of members; nomination by petition.
(a)(1) No person shall be a member of an Advisory Neighborhood Commission unless the person:
(A) Is a registered qualified elector actually residing in the single-member district from which the person was elected;
(B) Has been residing in such district continuously for the 60 days immediately preceding the day on which the person files the nominating petitions as a candidate as such a member;
(C) Holds no other elected public office; and
(D) With the exception of a member representing the single-member district that includes the Central Detention Facility and Correctional Treatment Facility, 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 offices of Mayor, Chairman or member of the Council, member of the State 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 the person 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 the candidate 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) Petition sheets circulated in support of a candidate shall be filed with the Board in hard copy but may be electronically provided by the:
(A) Board to the candidate;
(B) Candidate to a qualified petition circulator; and
(C) Qualified petition circulator to the candidate.
(4) No signature on a petition sheet shall be invalidated because the signer was also the circulator of the same petition sheet on which the signature appears.
(5)(A) If the election is for a 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 and how to vote, residency and elections requirements to run for Advisory Neighborhood Commissioner, and the functions of an Advisory Neighborhood Commission; and
(ii) The Department of Corrections shall facilitate the transmission of petition sheets to any candidates who are in its care and custody, petition circulation among the registered qualified electors in its care and custody, and transmission of those petition sheets from candidates in its care and custody to the Board.
(B) No Department of Corrections employee properly exercising their duties pursuant to the requirements of subparagraph (A) of this paragraph shall be found to have committed a violation of the District's Code of Conduct, as defined in § 1-1161.01(7) or Chapter 11B of this title, for so doing.
(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; Apr. 6, 2023, D.C. Law 24-342, § 2(b), 69 DCR 14609.)
Prior Codifications
1981 Ed., § 1-256.
1973 Ed., § 1-171d.
Section References
This section is referenced in § 1-309.06 and § 1-309.33.
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
Applicability of D.C. Law 21-269: § 7145 of D.C. Law 23-16 repealed § 3 of D.C. Law 21-269. Therefore the amendment of this section by D.C. Law 21-269 has been implemented.
Section 7036 of D.C. Law 22-33 amended § 3 of D.C. Law 21-269 to repeal the delayed applicability provision. Therefore the changes made to this section by D.C. Law 21-269 have been given effect.
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.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(a) of Advisory Neighborhood Commissions Pandemic Provisions Extension Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-7, Feb. 1, 2023, 00 DCR 00).
For temporary (90 days) amendment of this section, see § 2(a) of Advisory Neighborhood Commissions Pandemic Provisions Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-656, Nov. 21, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 3(b) of Advisory Neighborhood Commission Redistricting Deadline Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-451, June 28, 2022, 69 DCR 007760).
For temporary (90 days) amendment of this section, see § 3(b) of Advisory Neighborhood Commission Redistricting Deadline Extension Emergency Amendment Act of 2022 (D.C. Act 24-347, Mar. 28, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2(a) of Advisory Neighborhood Commissions Pandemic Provisions Extension Emergency Amendment Act of 2022 (D.C. Act 24-316, Feb. 3, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2 of Advisory Neighborhood Commission Pandemic Election Procedures Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-310, Jan. 24, 2022, 69 DCR 000645).
For temporary (90 days) amendment of this section, see § 2(a) of Advisory Neighborhood Commission Pandemic Election Procedures Extension Emergency Amendment Act of 2021 (D.C. Act 24-179, Oct. 20, 2021, 68 DCR 011316).
For temporary (90 days) amendment of this section, see § 905(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 905(a) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 905(a) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 905(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 905(a) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
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).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(a) of Advisory Neighborhood Commissions Pandemic Provisions Extension Second Temporary Amendment Act of 2022 (D.C. Law 24-277, Feb. 23, 2023, 69 DCR 15125).
For temporary (225 days) amendment of this section, see § 3(b) of Advisory Neighborhood Commission Redistricting Deadline Extension Temporary Amendment Act of 2022 (D.C. Law 24-130, June 30, 2022, 69 DCR 004404).
For temporary (225 days) amendment of this section, see § 2(a) of Advisory Neighborhood Commissions Pandemic Provisions Extension Temporary Amendment Act of 2022 (D.C. Law 24-108, Apr. 8, 2022, 69 DCR 001480).
For temporary (225 days) amendment of this section, see § 905(a) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 905(a) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
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.