 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 3. ELECTIONS AND ETHICS |
|
Chapter 3-11. RECALL OF ELECTED OFFICIALS |
Section 3-1106. PETITION CHALLENGES
-
1106.1The Executive Director or his or her designee shall post all timely submitted petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petitions are filed. For petitions to recall an Advisory Neighborhood Commissioner, the ten (10) - day period shall not include Saturdays, Sundays, and holidays.
1106.2Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge is properly filed if it:
(a) Cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;
(b) Is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period; and
(c) Allege the minimum number of signature defects which, if valid, would render the proposed measure ineligible for ballot access.
1106.3Within three (3) working days of receipt of a properly filed challenge, the General Counsel or his or her designee shall serve a copy of the challenge upon the proposer, by first-class mail, or email.
1106.4After receipt of a properly filed challenge, the Board’s staff shall search the Board’s registration records to prepare a recommendation to the Board as to the validity of the challenge.
1106.5The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1106.6The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:
(a) Objections and specifications of such objections, if any, to the petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1106.7Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the proposed measure whose petition was challenged.
1106.8If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or the proposer may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.