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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 3. ELECTIONS AND ETHICS |
Section 3-1605. FILING PETITIONS
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1605.1Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.
1605.2The nominating petition and supporting affidavits, as well as the candidate’s Declaration of Candidacy as required pursuant to Chapter 6 of this title, shall be filed in-person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition filing deadline”). Any candidate may file petition supplements prior to the petition-filing deadline, provided that the supplements are accompanied by an affidavit executed by the person filing them. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition-filing deadline.
1605.3Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:
(a)Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;
(b) Be accompanied by an affidavit executed by the person filing the petition, attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures; and
(c)Be on a form issued by the Executive Director or his or her designee in accordance with the rules of this chapter;
1605.4In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.
1605.5Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate.
1605.6In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code § 1-1001.08 (o) (2011 Repl.), along with the Executive Director’s preliminary determination.
1605.7Within three (3) days of issuing a notice of an adverse determination, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.
1605.8The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.
1605.9The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2011 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2011 Repl.)).
1605.10Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.