Section 3-816. RECOUNT PROCEDURES

 

816.1The Executive Director shall conduct recount proceedings in accordance with provisions of this section.

 

816.2The validity of ballots and votes recounted shall be determined pursuant to the provisions of this chapter.

 

816.3Manual tabulation of votes in a recount proceeding shall be conducted in accordance with the provisions of this chapter.

 

816.4Within two (2) days following the Board’s determination to grant a recount petition or a court order directing the Board to conduct a recount, notice of recount proceedings shall be delivered via email to all qualified candidates for the contest being recounted.  Public notice of recount proceedings shall be posted on the Board’s website at least twenty-four (24) hours in advance of the commencement of the recount.

 

816.5Each candidate, or organizational group in support of or opposition to a ballot question, in a contest involved in a recount shall be permitted to have no more than two (2) poll watchers at all phases of the recount, regardless of whether the candidate properly applied for poll watcher credentials pursuant to § 706. Candidates may also observe all phases of the recount in addition to their assigned poll watchers.

 

816.6Apart from the election officials necessary to conduct the recount, priority of access to the place where the recount will occur will first be given to the candidate, or organizational groups in support of or opposition to a ballot question, in the contest being recounted.  Space permitting, poll watchers and election observers credentialed pursuant to § 706, then members of the public and media shall also be given access.

 

816.7Recount officials shall re-run all official ballots through a tabulator and count only the votes for the office or ballot question at issue in the recount.  All ballots which are not machine-readable shall be tabulated manually, pursuant to the rules provided in this chapter.

 

816.8[REPEALED].

 

816.9At the conclusion of the recount proceedings, a recount results report shall be presented to the Board and posted on the Board’s website.  The Board shall determine the number of votes received by each candidate as a result of the recount, but shall not make a new certification of the results of the election unless the outcome of the contest has changed as a result of the recount.

 

816.10  There shall be only one (1) recount per contest.

 

816.11Results of the recount are 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 28 DCR 1726 (April 26, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403, 411 (January 23, 1981); 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); as amended by Final Rulemaking published at 63 DCR 14814 (December 2, 2016).