Section 3-714. VOTE CASTING PROCEDURES: SPECIAL BALLOT

 

714.1Uses for a Special Ballot (or Provisional Ballot) include instances where the voter:

 

(a)Votes in a precinct that does not serve the address listed on the Board’s registration records;

 

(b)Is listed as an absentee voter on the alphabetical or supplemental lists of registered voters (poll book) in the precinct but claims that he or she has not voted by absentee ballot;

 

(c)Is listed on the poll book in the precinct but claims, in a primary election, that the party affiliation indicated on the listing is in error;

 

(d)Is listed on the poll book in the precinct but claims, in a general election, that the ANC Single-Member District indicated on the listing is in error;

 

(e)Alleges that his or her name has been erroneously omitted from the poll book, or alleges that his or her name or address is incorrectly printed on the poll book;

 

(f)Has moved from the address listed on the Board’s registration records and presents himself or herself to vote at the precinct serving his or her current residence address;

 

(g)Has been challenged pursuant to this chapter, and that challenge is accepted;

 

(h)Votes in an election for federal office as a result of a federal or District of Columbia court order, or any other order, extending the statutory poll-closing time; 

 

(i) Has not previously voted in a federal election in the District and who registers to vote by mail and fails to present, either at the time of registration, at the polling place, or when voting by mail, either a copy of a current and valid government-issued photo identification, a copy of a current (the issue, bill, or statement date is no earlier than ninety (90) days before the attempt to register and/or vote, whichever is applicable) utility bill, bank statement, government check, or paycheck, or other government-issued document that shows his or her name and address; or

 

(j)Resides temporarily at a District of Columbia licensed nursing home or assisted living facility, or at a qualified retirement home and casts a ballot at such facility.

 

714.2An individual whose eligibility to vote in the election cannot be determined during the in-person absentee voting period, at an early voting center, or at a polling place on Election Day because of one (1) or more of the reasons cited in § 714.1 shall vote by Special Ballot.

 

714.3Notwithstanding § 714.1(a), a voter whose residence is served by a polling place that has been identified as inaccessible pursuant to Section 8 of the Voting Accessibility for the Elderly and Handicapped Act may vote a regular ballot at another, accessible polling place if he or she:

 

(a) Is a senior citizen or a person with a disability; and

 

(b) Contacts the Board in writing by no later than the seventh (7th) day prior to Election Day to request that a complete ballot for his or her precinct of residence be brought to the accessible polling place on Election Day.

 

714.4A voter casting a Special Ballot shall complete, with the assistance of a designated polling place official, a Special Ballot Envelope which shall provide space for the following information:

 

(a)The name and current residence of the voter;

 

(b)The reason for voting the Special Ballot;

 

(c)  The voter’s DMV-issued identification number or last four (4) digits of the voter’s social security number;

 

(d)  The voter’s date of birth;

 

(e)  The precinct in which the voter is casting the ballot; and

 

(f)Any other information as may be necessary to determine if the person is qualified to vote.

 

714.5The outside of the Special Ballot Envelope shall contain a statement warning the voter of the criminal penalties for making a false representation as to his or her qualifications for voting and an affirmation signed by the voter attesting to the following:

 

(a)That to the best of his or her knowledge and belief, he or she is a registered voter in the District of Columbia, or if he or she is not registered to vote, that he or she meets the qualifications for voter registration;

 

(b)That he or she resides at the residence provided; and

 

(c)That the information contained on the outside of the Special Ballot Envelope is truthful and complete.

 

714.6Before being permitted to vote by Special Ballot, the voter shall sign the affirmation printed on the Special Ballot Envelope.

 

714.7The designated polling place official shall witness the voter signing the affirmation printed on the Special Ballot Envelope.

 

714.8Designated polling officials shall issue the following to each voter casting a special ballot:

 

(a)A voter card with the word “SPECIAL” placed thereupon;
 

(b)Ballot(s);

 

(c)An inner envelope to ensure the secrecy of the ballot; and

 

(d)Written notification of appeal rights if the voter’s special ballot is rejected in whole or in part.

 

 

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 39 DCR 2467, 2489-90 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4259 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 957 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015).