Code of the District of Columbia

§ 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 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.


(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.)

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: § 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 given effect.

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.

Emergency Legislation

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

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.