Section 3-815. PETITIONS FOR RECOUNT, RECOUNT DEPOSITS, AND REFUNDS OF RECOUNT DEPOSITS  


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    815.1Any qualified candidate in any election may, within seven (7) days after the Board certifies the election results, petition the Board for a recount of the ballots cast in that election. Such petition shall be in writing and shall specify the precincts in which the recount shall be conducted.

     

    815.2 Upon receipt of a recount petition, the Board shall prepare an estimate of:

     

    (a)  The costs to perform the recount; and

     

    (b)  The number of hours to complete the recount.

     

    815.3If the petitioner chooses to proceed, the petitioner shall deposit fifty dollars ($50.00) for each precinct included in the recount within seven (7) days of receipt of the estimate of the cost of the recount and the hours required to complete the recount.

     

    815.4Deposits shall be paid by certified check or money order made payable to the order of the "D.C. Treasurer." No cash will be accepted.

     

    815.5  The petitioner shall not be required to make a deposit for or pay the cost of any recount in any election where the difference between the number of votes received by the petitioner and the number of votes received by the person certified as having been elected to that office is:

     

    (a)  In the case of a ward-wide contest, less than one percent (1%) of the total valid ballots cast in the contest or less than fifty (50) votes, whichever is less; or

     

    (b)  In the case of an at-large contest, less than one percent (1%) of the total valid ballots cast in the contest or less than three hundred fifty (350) votes, whichever is less; and

     

    (c)  In the case of an Advisory Neighborhood Commission Single-Member District contest, less than ten (10) votes.

     

    815.6  If the recount changes the result of the election, the entire amount deposited by the petitioner shall be refunded.

     

    815.7If the result of the election is not changed, the petitioner is liable for the actual cost of the recount, minus the deposit already made.

     

    815.8If the results of the election are not changed as a result of the recount, but the cost of the recount was less than fifty dollars ($50.00) per precinct, the difference shall be refunded to the petitioner.

     

    815.9A candidate may, at any time, request in writing that the recount be terminated and the Board shall refund the deposit remaining for any uncounted precincts.

     

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 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); as amended by Final Rulemaking published at 63 DCR 14814 (December 2, 2016).