Section 3-718. ABSENTEE BALLOTS FOR QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS  


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  • 718.1  Qualified uniformed services and overseas voters may request an absentee ballot by using the Federal Post Card Application (FPCA), the declaration accompanying a Federal Write-In Absentee Ballot (FWAB declaration), or if already registered, by making a written request to the Board.

     

    718.2  A qualified uniformed services or overseas voter’s request for an absentee ballot may be delivered to the Board electronically or by mail.

     

    718.3All requests for absentee ballots shall be received by no later than the Saturday prior to Election Day.

     

    718.4An absentee ballot request from a uniformed services or overseas voter shall be treated as a valid, standing request for an absentee ballot for any and all elections that fall within the election cycle in which the request was received, unless the voter requests absentee ballots for a different time period.

     

    718.5A request for an absentee ballot from a qualified uniformed services or overseas voter shall include the following:

     

    (a)  The voter’s name;

     

    (b)  Election(s) for which the absentee ballot is requested;

     

    (c)  Address from which the voter is registered to vote;

     

    (d)  Voter’s current residence address, if different from the address listed on the Board’s records;

     

    (e)Preference of either mail, email or fax delivery of ballot;

     

    (f)  Mailing address, email address, or fax number to which the absentee ballot shall be delivered;

     

    (g)Email address;

     

    (h)  Voter’s DMV-issued identification number, the last four (4) digits of the voter’s social security number, or the voter’s unique voter identification number issued by the Board;

     

    (i)  Voter’s date of birth; and

     

    (j)  Voter’s original signature.

     

    718.6A qualified uniformed services or overseas voter may choose to have his or her absentee ballot electronically transmitted or delivered by mail.  If no preference is given, the absentee ballot shall be delivered by mail.

     

    718.7  The Board shall transmit blank absentee ballots by no later than forty-five (45) days before the election if the absentee ballot application is received at least forty-five (45) days before an election.  If the request is received less than forty-five (45) days before an election for federal office, the Board shall transmit the absentee ballot to the voter within two business days of the receipt of the request, and in accordance with District law in a manner that expedites the transmission of the ballot.

     

    718.8Prior to returning the voted absentee ballot to the Board, a qualified uniformed services or overseas voter shall confirm the accuracy of his or her name, address, party affiliation, and ANC Single-Member District, where applicable, as it appears on the Board’s records by signing either the absentee ballot envelope, or if the absentee ballot is returned electronically, a separate downloadable attestation form.  Such signature shall be deemed an affirmation that the voter’s information is correct as shown on the Board’s records.

     

    718.9  A qualified uniformed services or overseas voter who submits his or her ballot electronically shall provide and sign the following statement on a separate document: “I understand that by electronically submitting my voted ballot I am voluntarily waiving my right to a secret ballot.” 

     

    718.10If, at the time of completing an absentee ballot and accompanying materials, a duly registered qualified uniformed services or overseas voter has declared under penalty of perjury that the ballot was timely submitted, the voter’s ballot shall not be rejected on the basis that it has either a late or unreadable postmark, or no postmark at all. 

     

    718.11All absentee ballots shall be received not later than 8:00 p.m. on the day of the election.

     

    718.12The Board may take reasonable steps to investigate the timely completion of non-postmarked absentee ballots by checking tracking numbers or any other information available.

     

    718.13 If the voter chooses to use the FWAB, the Board will accept the ballot for all contests in which the voter is eligible to cast votes.

     

     

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 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245 (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 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015).

EditorNote

3 DCMR § 718 is formerly entitled, "Absentee Ballots for Qualified Overseass Electors."