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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 3. ELECTIONS AND ETHICS |
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Chapter 3-6. ELIGIBILITY OF CANDIDATES |
Section 3-601. DECLARATION OF CANDIDACY
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601.1Each candidate for nomination to elected office shall declare his or her candidacy on an affidavit form prescribed by the Board (after this, “Declaration of Candidacy”).
601.2The Declaration of Candidacy filed by the candidate shall contain the following information:
(a)The name, and address of the candidate;
(b)The office that the candidate seeks;
(c)The date of the election;
(d)The ward or Advisory Neighborhood Commission Single-Member District from which the candidate seeks election, where applicable;
(e)The candidate’s party affiliation, where applicable;
(f)The candidate’s residence addresses for the applicable period to determine eligibility;
(g)The candidate’s designation of how he or she would like his or her name to be listed on the ballot;
(h)A statement that the candidate meets the qualifications for holding the office sought; and
(i)A notice of the penalties for making false representations as to one’s qualifications for holding elective office.
601.3Each candidate shall swear under oath or affirm before a District notary or Board official that the information provided in the Declaration of Candidacy is true to the best of the candidate’s knowledge and belief.
601.4The Declaration of Candidacy shall also contain sufficient space for the candidate to print his or her email address and phone number. By providing an email address, the candidate consents to receiving official communication by email at the address provided.
601.5The deadline for filing the Declaration of Candidacy shall be the same date as the deadline for filing nominating petitions for the particular office sought, except that in the event the nomination of candidates for election to the office of presidential elector is made by message to the Board pursuant to D.C. Code § 1-1001.08(d) (2011 Repl.), the deadline for filing the Declaration of Candidacy shall be the same date as the deadline for making nominations by message.
601.6Within three (3) business days after the deadline for filing the Declaration of Candidacy for any office, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the declarant to be candidate for the particular office sought.
601.7Notice of the Executive Director’s preliminary determination shall be served immediately by email or first-class mail upon each declarant and upon the chairperson of any political committee(s) registered as supporting that individual’s candidacy.
601.8The preliminary determination of eligibility shall be based solely upon information contained in the Declaration of Candidacy and upon information contained in other public records and documents as may be maintained by the Board. The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.
601.9The preliminary determination of eligibility shall in no way be deemed to preclude further inquiry into or challenge to the eligibility of an individual for candidacy or office made prior to the certification of election results. The Executive Director or his or her designee may reverse a preliminary determination of eligibility based upon evidence which was not known to the Executive Director at the time of the preliminary determination or upon evidence of changed circumstances.
601.10In the event that the Executive Director determines that an individual is ineligible to be a candidate for the particular office sought, the individual’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Code § 1-1001.08(o) (2011 Repl.), along with the Executive Director’s preliminary determination.
601.11Within three (3) days of receipt of notice of an adverse determination of eligibility, a declarant aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the declarant and specifying concisely the grounds for appeal.
601.12The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.
601.13The 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.)).
601.14Any 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.