Kabel v. District of Columbia Board of Elections & Ethics

Petitioner challenges the November 24, 2008, certification by the District of Columbia Board of Election and Ethics (the Board) of the results of the election of Michael A. Brown to the Council of the District of Columbia. 1 We reject the challenge.

I

Petitioner’s attack upon the election of Mr. Brown rests on the following provision of the District of Columbia Self-Government and Governmental Reorganization Act codified at D.C.Code § l-204.01(d)(3):

Notwithstanding any other provision of this section, at no time shall there be more than 3 members (including the Chairman) serving at large on the…