Section 3-408. COMMENCEMENT OF ACTION  


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    408.1An action before the Board shall be commenced by the filing of a written complaint which shall be signed and sworn by the complainant and notarized.

     

    408.2Challenges to registrant’s qualifications, candidate’s qualification, petitions nominating candidates to an elected office or qualifying initiative, referendum, or recall measures shall be construed as an action before the Board and shall also be captioned "complaint."

     

    408.3Challenges to the Board’s formulation of the summary statement and short title of a proposed Charter amendment shall be construed as an action before the Board and shall also be captioned "complaint."

     

    408.4The parties to a contested case proceeding before the Board shall be the following:

     

    (a)Complainant - one who initiates an action for relief or to enforce a law, rule, or regulation under the jurisdiction of the Board; and

     

    (b)Respondent - the person against whom action or relief is sought, or the person who opposes the charge or prayer of the complaint because he or she has an interest in the subject of the complaint, such as candidate(s) named in a nominating petition; the proponent(s) of an initiative, referendum, or recall petition; a qualified, registered elector who seeks review of a Board formulation of the summary statement and short title of a proposed charter amendment; and the circulator(s) or signer(s) of a petition.

     

    408.5The Board may designate any other individual or group as an "intervenor," either upon its own initiative or motion filed pursuant to § 414.

     

    408.6The Board may consolidate complaints alleging violations of Title III of the Help America Vote Act of 2002 if they relate to the same actions or events or raise common questions of law or fact.

     

authority

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

source

Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 50 DCR 11071 (December 26, 2003).