Section 3-715. SPECIAL BALLOT APPEAL RIGHTS

 

715.1A voter’s act of signing a challenged or Special Ballot Envelope shall be deemed the filing of an appeal by the voter of the refusal by the Board’s Registrar of Voters to permit the voter to vote by regular ballot, and a waiver of personal notice from the Board of any denial or refusal to a later count of the challenged or Special Ballot.

 

715.2The Board shall provide the voter, at the time of voting or after a challenge to an absentee ballot has been upheld pursuant to § 721.18, with written notice that indicates the manner by which he or she may learn whether the Executive Director has decided to count or reject, in whole or in part, the voter’s Special Ballot, and of the dates scheduled for hearings for voters whose Special Ballots are rejected to contest the Executive Director’s preliminary determination if they petition to do so.

 

715.3Not later than the day after each election, the Board shall enable any voter who has voted a Special Ballot to learn of the Executive Director’s preliminary decision to count or reject his or her ballot along with the reason(s) for each decision by accessing either a dedicated section of the Board’s website or a telephone service which shall be maintained during regular business hours.

 

715.4Not later than the second (2nd) day after the date of any election, the Board shall, upon petition of the voter, conduct a hearing for the voter to contest the Executive Director’s preliminary determination to reject the voter’s Special Ballot.

 

715.5The Board shall review the information provided on the Special Ballot Envelope as well as all other available evidence pertaining to the eligibility of each voter casting a Special Ballot, and shall make a decision about whether to count or reject each special ballot.

 

715.6At the hearing, the voter may appear and give testimony on the question of the Executive Director’s preliminary decision to reject the Special Ballot.

 

715.7The Board shall make a final determination to either count or reject the voter’s Special Ballot no later than the day after the date of the hearing.

 

715.8The voter may appeal an adverse decision of the Board to the Superior Court of the District of Columbia within one (1) business day after the date of the Board’s decision. The decision of the court shall be final and not appealable.

 

 

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).