Section 3-602. AFFIRMATION OF WRITE-IN CANDIDACY

 

602.1In the case of a primary election, a write-in nominee who wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 4:45 p.m. on the day immediately following the election.

 

602.2In the case of a general or special election, a write-in nominee who wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 4:45 p.m. on the third (3rd) day immediately following the election.

 

602.3Nothing in this section shall prohibit an individual seeking to declare write-in candidacy from filing an Affirmation of Write-in Candidacy prior to write-in nomination, provided that the determination of the write-in candidate’s eligibility shall proceed in accordance with this chapter.  Write-in nominees who fail to submit the documents required by this section within the prescribed times shall be deemed to be ineligible candidates. 

 

602.4The Affirmation of Write-in Candidacy form shall contain the same information required for the Declaration of Candidacy described in this chapter.

 

602.5Each write-in candidate shall swear under oath or affirm before a District of Columbia notary or Board official that the information provided in the Affirmation of Write-in Candidacy is true to the best of his or her knowledge and belief.

 

602.6If a write-in nominee is an apparent winner of an election contest, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the write-in nominee if such nominee has perfected his or her candidacy on or before the prescribed deadline. No eligibility determination shall be made for affirmants who are not apparent winners.

602.7Notice of the determination shall be served immediately by mail upon any affirmant found to be ineligible.

 

602.8 The determination of eligibility shall be based solely upon information contained in the Affirmation of Write-In 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.

 

602.9The determination shall in no way be deemed to preclude further inquiry into or challenge to such individual’s eligibility for candidacy or office made prior to the certification of election results by the Board and based upon information which is not known to the Board at the time of the preliminary determination, or upon evidence of changed circumstances.

 

602.10If a write-in winner is declared ineligible after the election, no winner shall be declared.

 

 

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) (2014 Repl.)).

source

Final Rulemaking published at 27 DCR 3805 (August 29,1 980), incorporating the text of Proposed Rulemaking published at 27 DCR 2768, 2770-71 (June 27, 1980); as amended by Final Rulemaking published at 29 DCR 1223 (March 19, 1982), as amended by Final Rulemaking published at 29 DCR 2798 (July 2, 1982); as amended by Final Rulemaking published at 30 DCR 5289, 5295-96 (October 14, 1983); as amended by Final Rulemaking published at 31 DCR 4524 (September 14, 1984); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015).