§ 1–1001.03. Board of Elections — Created; composition; term of office; vacancies; reappointment; designation of Chairman.

(a) There is created a District of Columbia Board of Elections (hereafter in this subchapter referred to as the “Board”), to be composed of 3 members, no more than 2 of whom shall be of the same political party, appointed by the Mayor, with the advice and consent of the Council. Members shall be appointed to serve for terms of 3 years, except the members 1st appointed under this subchapter. One member shall be appointed to serve for a 1-year term, 1 member shall be appointed to serve for a 2-year term, and 1 member shall be appointed to serve for a 3-year term, as designated by the Mayor.

(b) Any person appointed to fill a vacancy on the Board shall be appointed only for the unexpired term of the member whose vacancy the person is filling.

(c) A member may be reappointed, and, if not reappointed, the member shall serve until the member's successor has been appointed and qualifies.

(d) The Mayor shall, from time to time, designate the Chairperson of the Board.

(Aug. 12, 1955, 69 Stat. 699, ch. 862, § 3; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1(2); Dec. 24, 1973, 87 Stat. 809, Pub. L. 93-198, title IV, § 491; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Sept. 2, 1976, D.C. Law 1-79, title I, § 102(2), 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(c), (p), (q), 29 DCR 458; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(2), 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 5(a), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 2(b), 68 DCR 001073.)

Prior Codifications

1981 Ed., § 1-1303.

1973 Ed., § 1-1103.

Section References

This section is referenced in § 1-315.02, § 1-523.01, § 1-1001.02, and § 1-1061.02.

Effect of Amendments

D.C. Law 19-124, in the section heading and subsec. (a), substituted “Board of Elections” for “Board of Elections and Ethics”.

Cross References

Board of Elections and Ethics, Director of the Office of Campaign Finance, see § 1-1103.01 et seq.

Government reorganization procedures, “agency” defined, see § 1-315.02.

Nomination and approval of agency heads, see § 1-523.01.

Nominees and candidates for public office, disclosure of conflicts of interest, see § 1-1106.02.

Applicability

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 5(a) of D.C. Law 22-250 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 day) amendment of section, see § 401(g)(2) 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).

Editor's Notes

Definitions applicable: The definitions contained in § 1-202 apply to terms appearing in the amendment to this section made by the Act of December 24, 1973, 87 Stat. 809, Pub. L. 93-198.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.