Section 3-810. DISCRETIONARY MANUAL TABULATION

 

810.1Notwithstanding instances when manual tabulation is required by law or this chapter, the Board may order that ballots be manually inspected and tabulated under the following circumstances:

 

(a)  Upon the filing of a recount petition, when it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular precinct, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are pre-printed on the ballot;

 

(b)When there is evidence of a machine miscount or malfunction; or
 

(c)When it is determined by the Board that manual tabulation is necessary to ascertain correct vote totals.

 

810.2When manual tabulation is ordered pursuant to this section:

 

(a) Validity of ballots and votes and tabulation procedures shall conform to the rules specified in this chapter;

 

(b) Only the ballots for those precincts and contests designated by the Board shall be manually tabulated; and

 

(c) The Board shall direct that the tabulation be conducted at a time that is practicable.

 

 

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 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1246-47 (March 21, 1980); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 31 DCR 4524, 4527 (September 14, 1984); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015).