Section 3-1105. FILING PETITIONS

1105.1Where the elected official sought to be recalled is an elected official other than an Advisory Neighborhood Commissioner, a recall petition shall be submitted for filing no later than 5:00 p.m. on the one hundred and eightieth (180th) calendar day following the date upon which the Board provided the original petition form.  Where the elected official sought to be recalled is an Advisory Neighborhood Commissioner, a recall petition shall be submitted for filing no later than 5:00 p.m. on the sixtieth (60th) calendar day following the date upon which the Board provided the original petition form.  A petition that is not timely submitted shall not be accepted for filing

 

1105.2All timely submitted petitions shall be received by the Executive Director or his or her designee.  When a petition is offered for filing, the Executive Director shall: 

 

(a)Count the petition pages and issue a receipt for the total number of petition pages submitted;

 

(a) Serially number the pages and obliterate any blank lines appearing on each petition page; and

 

(c)Prepare an initial total count, broken down by ward, of the signatures submitted.

 

1105.3A signature shall not be accepted, and shall not be included in the Executive Director’s initial total count, if it:

 

(a)Appears on a page that is not a reproduction of the form provided by the Board;

 

(b) Appears on a page which does not have a completed circulator affidavit;

 

(b) Was collected by someone who is not a qualified petition circulator; and

 

(d) Is the signature of a registered voter who submitted a notarized request to disallow his or her signature from being counted on the petition, provided that the request was received prior to the time the petition is filed.

 

1105.4If the initial total count indicates that the petition contains the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director shall accept the petition, post the petition for public inspection and challenge, and proceed with registration verification of petition signers in accordance with the rules of this chapter.  If the petition does not contain the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director refuse to accept the petition and shall notify the proposer(s) in writing of the refusal

 

1105.5Within ten (10) days after the refusal, the proposer(s) of a refused petition may, pursuant to D.C. Code § 1-1001.(l) (2011 Repl.), petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the petition.

 

 

authority

The District of Columbia Election Code of 1955, as amended, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14)).

source

Final Rulemaking published at 42 DCR 4419, 4426-28 (August 18, 1995); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014).