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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 3-7. ELECTION PROCEDURES |
Section 3-708. CHALLENGE TO VOTER QUALIFICATIONS: AT THE POLLS OR EARLY VOTING CENTERS
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708.1Challenges to voter qualifications where the voter is present at the time of the challenge shall be conducted according to the procedures of this section. Challenges to a voter’s registration, as described in D.C. Official Code § 1-1001.07(e)(5), may occur only pursuant to § 521, and may not occur at the polls or early voting centers.
708.2Any duly registered voter may challenge the qualifications of a prospective voter in a primary, special, or general election.
708.3Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge.
708.4The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.
708.5After receiving a challenge or making a challenge on his or her own initiative, the Precinct Captain shall give the challenged voter an opportunity to respond.
708.6The Precinct Captain shall review the evidence presented and shall:
(a)Affirm the challenge upon a finding that it is based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, or;
(b)Deny the challenge upon a finding that it is not based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector.
708.7The Precinct Captain shall record the decision and the rationale for the decision on a form provided by the Board.
708.8If the Precinct Captain denies the challenge, he or she shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the rules regarding challenges and appeals to the Board.
708.9Any appeal of the Precinct Captain’s decision to deny the challenge shall be made either before the challenged voter casts a ballot, or before either the challenger or the challenged voter leaves the polling place, whichever is earlier.
708.10If the challenger does not appeal the Precinct Captain’s decision to deny the challenge, the challenged voter shall cast a regular ballot.
708.11If the challenger appeals the Precinct Captain’s decision to deny the challenge, the Precinct Captain shall state, over the telephone, the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.
708.12Either a Board member, the Board’s Executive Director, or the Board’s Registrar of Voters may serve as the Board’s hearing officer for the appeal.
708.13The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation, as specified in § 708.7, of the Precinct Captain’s initial decision to deny the challenge.
708.14The hearing officer shall take testimony under oath from the challenger, the person challenged, the Precinct Captain, and any witnesses who wish to testify.
708.15Each person who testifies before the hearing officer shall state for the record their name as recorded on the Board’s voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.
708.16The hearing officer shall receive evidence and testimony and shall then close the hearing.
708.17After reviewing all evidence pertaining to the challenge and making a decision based upon his or her determination of whether the challenger has presented substantial evidence that is specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, the hearing officer shall either:
(a)Affirm the Precinct Captain’s decision to deny the challenge, in which case the challenged voter shall cast a regular ballot; or
(b)Overturn the Precinct Captain’s decision to deny the challenge, in which case the challenged voter shall cast a "challenged" special ballot, pursuant to § 714.1(j).
708.18If the Precinct Captain affirms the challenge, or if the Board’s hearing officer overturns the decision of the Precinct Captain to deny a challenge, the Precinct Captain shall allow the challenged voter to cast a “challenged” special ballot, pursuant to § 714.1(j).