Prior Codifications 1981 Ed., § 1-221. 1973 Ed., § 1-141. Effect of Amendments Pub. L. 112-145, in subsec. (b)(3), rewrote the first sentence, which had read: "To fill a vacancy in the Office of Chairman, the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph."; in subsec. (d)(1), rewrote the first sentence which had read: "In the event of a vacancy in the Council of a member elected from a ward, the Board of Elections and Ethics shall hold a special election in such ward to fill such vacancy on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this subsection."; and, in the second sentence of subsec. (d)(2), substituted "and such special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation." for "and such special election shall be held on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise be held under the provisions of this subsection." Temporary Amendments of Section Section 2(a) of D.C. Law 18-301, in subsecs. (b) and (d), substituted "more than seventy days" for "more than one hundred fourteen days" wherever it appears. Section 3 of D.C. Law 18-301 provides that this act shall apply upon enactment by Congress. Section 5(b) of D.C. Law 18-301 provides that the act shall expire after 225 days of its having taken effect. Emergency Act Amendments For temporary (90 day) amendment of section, see §§ 2(a), 3 of Special Election Reform Charter Emergency Amendment Act of 2010 (D.C. Act 18-591, November 3, 2010, 57 DCR 10470). For temporary (90 day) addition of section, see § 3 of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416). For temporary (90 day) amendment of section, see § 2(a) of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416). For temporary (90 day) amendment of section, see § 301(a) 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). For temporary (90 day) addition of section, see § 602(b) 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). Miscellaneous Notes Section 2 of D.C. Law 17-156 amended this section subject to congressional enactment. As of the publication of this note, congress has not enacted section 2 of D.C. Law 17-156. Section 401(a) of D.C. Law 19-124 provides for the addition of subsec. (e) to read as follows: "(e)(1) By a 5/6 vote of its members, the Council may adopt a resolution of expulsion if it finds, based on substantial evidence, that a member of the Council took an action that amounts to a gross failure to meet the highest standards of personal and professional conduct. Expulsion is the most severe punitive action, serving as a penalty imposed for egregious wrongdoing. Expulsion results in the removal of the member. Expulsion should be used in cases in which the Council determines that the violation of law committed by a member is of the most serious nature, including those violations that substantially threaten the public trust. To protect the exercise of official member duties and the overriding principle of freedom of speech, the Council shall not impose expulsion on any member for the exercise of his or her First Amendment right, no matter how distasteful the expression of that right was to the Council and the District, or in the official exercise of his or her office. "(2) The Council shall include in its Rules of Organization procedures for investigation, and consideration of, the expulsion of a member.". Section 601(j) of D.C. Law 19-124 provides: "(j) Title IV shall apply on its effective date as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03)." Section 3 of Pub. L. 112-145 provides: "Sec. 3. EFFECTIVE DATE. "The amendments made by section 2 shall apply with respect to vacancies occurring on or after the enactment of this Act." DC CODE § 1-204.01 Current through December 11, 2012
(Dec. 24, 1973, 87 Stat. 785, Pub. L. 93-198, title IV, § 401; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(2); July 18, 2012, 126 Stat.1133, Pub. L. 112-145, § 2(a).)