4711695 Elections, Board of - Notice of Final Rulemaking - Amendments establish a new Chapter 12, govern non-resident petition circulators, revise effective date of changes to party affiliation status, and revise rules to mirror the processing ...
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DISTRICT OF COLUMBIA BOARD OF ELECTIONS
NOTICE OF FINAL RULEMAKING
The District of Columbia Board of Elections, pursuant to the authority set forth in D.C. Code § 1-1001.05 (a)(14), hereby gives notice of final rulemaking action to adopt amendments to the following chapters in Title 3, “Elections and Ethics”, of the District of Columbia Municipal Regulations (DCMR): Chapter 5, “Voter Registration”; Chapter 6, “Eligibility of Candidates”; Chapter 7, “Election Procedures”;Chapter 10, “Initiative and Referendum”; Chapter 11, “Recall of Elected Officials”; Chapter 13, “Filling Vacant Seats on Advisory Neighborhood Commissions”; Chapter 14, “Candidates: Political Party Primaries for Presidential Preference and Convention Delegates”; Chapter 15, “Candidates: Electors of President and Vice-President”; Chapter 16, “Candidates: Delegate to the U.S. House of Representatives, Mayor, Chairman, Members of the Council of the District of Columbia, U.S. Senator, U.S. Representative, Members of the State Board of Education, and Advisory Neighborhood Commissioners”; Chapter 17, “Candidates: Members and Officials of Local Committees of Political Parties and National Committee Persons”; and Chapter 20, “Freedom of Information.”
With some exceptions, the amendments to Chapters 6, 7, 10, 11 and 13 – 17 are largely organizational and editorial changes to enhance readability and consistency within and across chapters. To effectuate the organizational changes, rules concerning ballots were removed from these chapters and placed in a proposed Chapter 12, “Ballots.” Chapters 10, 11, and 13-17 include amendments concerning non-resident petition circulators which would bring the rules into conformity with the Board of Elections Petition Circulation Requirements Amendment Act of 2013, effective October 17, 2013 (D.C. Law 20-0031; 60 DCR 11535). The amendments to Chapter 5 revise the effective date of changes to party affiliation status on applications received fewer than 30 days prior to a primary to be the date following the scheduled primary. The amendments to Chapter 20 revise rules to mirror the processing procedures of FOIA requests at subordinate agencies.
A Notice of Emergency and Proposed Rulemaking with respect to these amendments was published in the D.C. Register on November 22, 2013, at 60 DCR 016081. No written comments on the proposed rules were received during the public comment period, and no substantive changes have been made to the regulations as proposed. The Board took final rulemaking action with respect to these amendments at a regular meeting on Wednesday, January 8, 2014.
These final rules will become effective upon publication of this notice in the D.C. Register.
Section 500 (General Requirements and Qualifications) of Chapter 5 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
500 GENERAL REQUIREMENTS AND QUALIFICATIONS
500.1 No person shall be registered to vote in the District of Columbia unless he or she:
(a) Is a qualified elector as defined by D.C. Official Code § 1-1001.02(2) (2011 Repl.); and
(b) Executes a voter registration application by signature or mark on a form approved by the Board or by the Election Assistance Commission attesting that he or she meets the requirements as a qualified elector.
500.2 A person is a "qualified elector" if he or she:
(a) For a primary election, is at least seventeen (17) years of age and will be eighteen (18) on or before the next general election, or for a general or special election, is at least eighteen (18) years of age on or before the date of the general or special election;
(b) Is a citizen of the United States;
(c) Is not incarcerated for the conviction of a crime that is a felony in the District;
(d) Has maintained a residence in the District for at least thirty (30) days preceding the next election and does not claim voting residence or the right to vote in any state or territory; and
(e) Has not been adjudged legally incompetent to vote by a court of competent jurisdiction.
500.3 An applicant shall provide the following information on a voter registration application:
(a) Applicant’s complete name;
(b) Applicant’s current and fixed residence address in the District;
(c) Applicant’s date of birth;
(d) Applicant’s original signature; and
(e) Applicant’s driver’s license number in the case of an applicant who has been issued a current and valid driver’s license, or the last four (4) digits of the applicant’s social security number. If an applicant for voter registration has not been issued a current and valid driver’s license or a social security number, the Board shall assign the applicant a unique identifying number which shall serve to identify the applicant for voter registration purposes.
500.4 A person who is otherwise a qualified elector may pre-register on or after his or her sixteenth (16th) birthday, but he or she shall not vote in any primary election unless he or she is at least seventeen (17) years of age and will be eighteen (18) on or before the next general election or in any general or special election unless he or she is at least eighteen (18) years of age on or before the date of the general or special election.
500.5 An applicant for voter registration who is unable to sign or to make a mark on a voter registration application due to a disability may apply with the assistance of another person as long as the individual’s voter registration application is accompanied by a signed affidavit from the person assisting the applicant which states the following:
(a) That he or she has provided assistance to the applicant;
(b) That the applicant is unable to sign the registration form or to make a mark in the space provided for his or her signature;
(c) That he or she has read or explained the information contained in the application and the voter declaration to the applicant, if the applicant cannot read the information; and
(d) That he or she has read or explained the penalties for providing false information on the registration application, if the applicant cannot read the information.
500.6 If the applicant is unable to sign his or her name, the applicant may place his or her mark in the space provided for his or her signature and have that mark witnessed by the person assisting by having the witness also sign the voter registration application.
500.7 If an applicant for voter registration fails to provide the information required for registration, the Registrar or his or her designee shall make reasonable attempts to notify the applicant of the failure. A reasonable attempt to notify the applicant may include a phone call, letter, or email. The Registrar shall choose the most efficient method of communication based upon the contact information provided by the applicant.
500.8 Unless otherwise specified in this chapter, a voter registration application, or a notice of change of name, address, or party affiliation status, is considered to be received by the Board upon acknowledgement of receipt by the Board’s date-stamp.
500.9 Unless otherwise specified in this chapter, the effective date of registration, or updates thereto, shall be the date that the application was received.
500.10 The current and fixed residence address provided by a voter will be used to send any official communications required by law to the voter unless the voter provides an alternative mailing address.
500.11 The information that the voter provides to the Board, such as that voter’s current and fixed residence, shall be sufficiently precise to enable the Board to assign the voter to the appropriate Ward, Precinct, and Advisory Neighborhood Commission Single-Member District.
500.12 Any applicant who provides on a voter registration application a registration address to which mail cannot be delivered by the U.S. Postal Service shall additionally provide to the Board a designated mailing address to facilitate any official communications required by law.
500.13 Any applicant utilizing these procedures to fraudulently attempt to register shall be subject to the same criminal sanctions pursuant to D.C. Official Code § 1-1001.14 (a) (2011 Repl.).
500.14 The Board’s official Voter Registration Application cannot be altered in any way for use by another individual or organization for the purpose of registering electors in the District of Columbia.
Section 510 (Voter Registration Application Processing: In-Person at the Board of Elections and Ethics or a Voter Registration Agency (VRA)) of Chapter 5 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
510 VOTER REGISTRATION APPLICATION PROCESSING: IN-PERSON AT THE BOARD OF ELECTIONS’ OFFICE OR A VOTER REGISTRATION AGENCY (VRA)
510.1 Prior to the thirtieth (30th) day preceding an election, a qualified elector (pursuant to § 500.2), or a person who is qualified to pre-register (pursuant to § 500.4), may appear in-person at the Board’s office, and by extension, a voter registration agency (VRA), and do the following:
(a) Submit a voter registration application; or
(b) Submit a notice of a change of name, address, or party affiliation status.
510.2 On or after the thirtieth (30th) day preceding an election, a qualified elector may submit a voter registration application or a notice of change of name or address at the Board’s office or a VRA. On or after the thirtieth (30th) day preceding a primary election, a qualified elector shall not change his or her party affiliation status. Requests for change of party affiliation status received during the thirty (30) days that precede a primary election shall be held and processed after the election. A change in party affiliation status occurs when a voter:
(a) Changes his or her party registration from one political party to another;
(b) Changes his or her party registration from “no party (independent)” to a political party; or
(c) Changes his or her party registration from a political party to “no party (independent).”
510.3 A qualified elector may appear in person at the Board’s office to complete and sign the Board’s official Voter Registration Application between the hours of 8:30 a.m. and 4:45 p.m., Monday through Friday. The Executive Director, or his or her designee, may expand the weekly hours, and may specify other days on which the Board may accept voter registration applications, based on the level of registration activity. Public notice of the expansion of weekly hours shall be provided at least twenty-four (24) hours in advance.
510.4 A voter registration application or a notice of a change of name, address, or party affiliation status that is submitted in-person at the Board’s office or a VRA shall be considered to be received by the Board on the date that it is submitted at the Board’s office or the voter registration agency.
Section 513 (Voter Registration Application Processing: At the Polls, Early Voting Centers, and During In-Person Absentee Voting) of Chapter 5 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
513 VOTER REGISTRATION APPLICATION PROCESSING: AT THE POLLS, EARLY VOTING CENTERS, AND DURING IN-PERSON ABSENTEE VOTING
513.1 A qualified elector may register during the in-person absentee voting period specified in § 717 of this title, at an early voting center designated by the Board, or on Election Day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing the Board’s official Voter Registration Application.
513.2 Valid proof of residence is any official document showing the voter’s name and a District of Columbia home address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck; or
(c) A government-issued document that shows the name and address of the voter; or
(d) Any other official document that shows the voter’s name and District of Columbia residence address, including leases or residential rental agreements, occupancy statements from District homeless shelters, and tuition or housing bills from colleges or universities in the District.
513.3 Voters who fail to provide valid proof of residence during the in-person absentee voting period, at an early voting center, or on Election Day must provide such proof in order to complete registration.
513.4 Registered voters shall be permitted to submit notices of change of address or change of name during the in-person absentee voting period, at an early voting center, or at a polling place on Election Day.
513.5 A registered voter shall not change his or her party affiliation status during the in-person absentee voting period, at an early voting center, or at a polling place on Election Day during a primary election. Requests for change of party affiliation status received during the in-person absentee voting period, at an early voting center, or at a polling place on Election Day during a primary election shall be held and processed after the election. A change in party affiliation status occurs when a voter:
(a) Changes his or her party registration from one political party to another;
(b) Changes his or her party registration from “no party (independent)” to a political party; or
(c) Changes his or her party registration from a political party to “no party (independent).”
513.6 A voter registration application, or a notice of change of name, address, or party affiliation status, received pursuant to this section is considered to be received by the Board upon acknowledgement of receipt by the Board’s date-stamp.
Section 514 (Notification of Acceptance of Registration or Change of Registration) of Chapter 5 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
514 NOTIFICATION OF ACCEPTANCE OF REGISTRATION OR CHANGE OF REGISTRATION
514.1 Within nineteen (19) calendar days after the receipt of a voter registration application, the Registrar shall mail a non-forwardable voter registration notification to the applicant advising him or her of the acceptance or rejection of the registration application. If the application is rejected, the notification shall include the reason or reasons for the rejection and shall inform the voter of his or her right to either submit additional information as requested by the Board, or appeal the rejection pursuant to D.C. Official Code § 1-1001.07(f) (2011 Repl.).
514.2 In the event that the notification advising the applicant of acceptance of his or her voter registration is returned to the Board as undeliverable, the Registrar shall mail the notice provided in D.C. Official Code § 1-1001.07(j)(1)(B) (2011Repl.).
514.3 As soon as practicable after the election, the Board shall mail each registered voter who filed a change of address at the polls on Election Day a non-forwardable address confirmation notice to the address provided in the written affirmation on the Special Ballot Envelope. If the United States Postal Service returns the address confirmation notification as "undeliverable" or indicating that the registrant does not live at the address provided in the written affirmation on the Special Ballot Envelope, the Board shall notify the Attorney General of the District of Columbia.
Section 515 (Changes in Registration: Name) of Chapter 5 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
515 CHANGES IN REGISTRATION: NAME
515.1 A registered voter shall notify the Board in writing of a name change due to marriage, divorce, or by order of a court within thirty (30) days of the applicable event.
515.2 The Board shall process name changes received pursuant to the monthly report furnished by the Superior Court of the District of Columbia in accordance with D.C. Official Code § 1-1001.07(k)(3) (2011 Repl.).
515.3 Prior to the thirtieth (30th) day preceding an election, a registered voter may give notice of change of name by:
(a) Completing a change of name on a voter registration application;
(b) Filing a change of name by signed letter or postal card which includes the following information;
(1) Former and current name;
(2) Address; and
(3) Date of birth;
(c) Filing a change of name through the DMV or a voter registration agency (VRA) pursuant to D.C. Official Code § 1-1001.07(d) (2011 Repl.); or
(d) Completing any other form prescribed for this purpose by the Board.
515.4 On or after the thirtieth (30th) day preceding an election, a registered voter may change his or her name in-person at the Board’s office or a VRA. Requests for change of name other than those made in-person during the thirty (30) days that immediately precede and include the date of the election shall be held and processed after the election.
Section 516 (Changes in Registration: Address) of Chapter 5 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
516 CHANGES IN REGISTRATION: ADDRESS
516.1 A registered voter who moves from the address at which he or she is registered to vote shall notify the Board, in writing, of the current residence address.
516.2 Prior to the thirtieth (30th) day preceding an election, a registered voter may give notice of change of address by:
(a) Mailing to the Board or filing in-person at the Board’s office a completed voter registration application;
(b) Mailing to the Board a signed letter or postal card which includes the following information;
(1) The voter’s name;
(2) Former and current address; and
(3) Date of birth;
(c) Completing and filing a voter registration application through the DMV or a voter registration agency (VRA) pursuant to D.C. Official Code § 1-1001.07(d) (2011 Repl.); or
(d) Completing any other form prescribed for this purpose by the Board.
516.3 On or after the thirtieth (30th) day preceding an election, a registered voter may change his or her address in-person at the Board’s office, a VRA, an early voting center, or on Election Day at the polling place serving the current residence pursuant to D.C. Official Code § 1-1001.07(i)(4)(A) (2011 Repl.). Requests for change of address other than those made in-person during the thirty (30) days that immediately precede and include the date of the election shall be held and processed after the election.
Section 517 (Changes in Registration: Political Party) of Chapter 5 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
517 CHANGES IN REGISTRATION: POLITICAL PARTY
517.1 Prior to the thirtieth (30th) day preceding a primary election, a registered voter may give notice of change of party affiliation status by:
(a) Completing a change of party affiliation status on a Voter Registration Application;
(b) Filing a change of party affiliation status by signed letter or postal card which includes the following information:
(1) The voter’s name;
(2) Former and new party affiliation status;
(3) Address; and
(4) Date of birth;
(c) Filing a change of party affiliation status through the DMV or a voter registration agency pursuant to D.C. Official Code § 1-1001.07(d) (2006 Repl.); or
(d) Completing any other form prescribed for this purpose by the Board.
517.2 Requests for changes to a political party affiliation status considered received during the thirty (30) days that immediately precede and include the date of the primary election shall be held and processed after the election. The effective date for changes made pursuant to such requests shall be the day after the primary election.
517.3 A change in party affiliation status occurs when a voter:
(a) Changes his or her party registration from one political party to another;
(b) Changes his or her party registration from “No Party (Independent)” to a political party;
(c) Changes his or her party registration from a political party to “No Party (Independent).”
Chapter 6 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 6 CANDIDACY
600 GENERAL PROVISIONS
601 DECLARATION OF CANDIDACY
602 AFFIRMATION OF WRITE-IN CANDIDACY OF AN APPARENT WINNER
603 WITHDRAWAL OF CANDIDATES
600 GENERAL PROVISIONS
600.1 This chapter governs the process by which candidates for elected office declare and withdraw their candidacy and the process by which candidates are determined to be eligible to hold the particular office sought. Acceptance by the Board or the Office of Campaign Finance of reports and statements required to be filed by a candidate pursuant to D.C. Code §§ 1-1101.01 et seq. (2011 Repl.), shall not be construed as a determination by the Board that the candidate is eligible for the particular office which he or she seeks.
600.2 For purposes of this chapter, unless otherwise provided, the following term shall have the meaning ascribed:
(a) The term "candidate for nomination" means an individual who is seeking to win a party primary or is seeking ballot access in a general or special election by having registered voters sign a nominating petition to have his or her name printed directly on the ballot;
(b) The term "candidate for election" means an individual who has won a party primary or survived the challenge period (D.C. Official Code § 1-1001.08(o) (2011 Repl.)) after filing a petition to have his or her name printed directly on the general election ballot;
(c) The term "write-in nominee" means an individual whose name is written on the ballot by a voter in a primary, general, or special election and whose eligibility as a candidate in the election has not been determined by the Executive Director or his or her designee;
(d) The term “write-in candidate” means an individual who has been nominated by at least one write-in vote and who has perfected his or her candidacy by filing an Affirmation of Write-In Candidacy form with the Board prior to the statutory deadline; and
(e) The term "eligible," when used with the term "candidate," includes an individual who is not ineligible to be a candidate pursuant to D.C. Official Code § 1-1001.15(b) (2011 Repl.), and who meets or is capable of meeting those statutory requirements necessary to serve in the particular office sought.
(f) The term “elected office” means any of the following elected party, District, or federal offices:
(i) National committeemen and national committeewomen of political parties, and alternates, when the party has requested the inclusion of these offices at a regularly scheduled primary election in a presidential election year;
(ii) Delegates to conventions and conferences of political parties, and alternates, when the party has requested the inclusion of these offices at a regularly scheduled primary election in a presidential election year;
(iii) Members and officials of local committees of political parties when the party has requested the inclusion of these offices at a regularly scheduled primary election in a presidential election year;
(iv) Electors of President and Vice President of the United States;
(v) Delegate to the House of Representatives;
(vi) Members of the State Board of Education;
(vii) Members of the Council of the District of Columbia, including Chairman;
(viii) Attorney General for the District of Columbia;
(ix) Mayor of the District of Columbia;
(x) United States Senator;
(xi) United States Representative; and
(xii) Advisory Neighborhood Commissioner.
601 DECLARATION OF CANDIDACY
601.1 Each candidate for nomination to elected office shall declare his or her candidacy on an affidavit form prescribed by the Board (after this, “Declaration of Candidacy”).
601.2 The Declaration of Candidacy filed by the candidate shall contain the following information:
(a) The name, and address of the candidate;
(b) The office that the candidate seeks;
(c) The date of the election;
(d) The ward or Advisory Neighborhood Commission Single-Member District from which the candidate seeks election, where applicable;
(e) The candidate’s party affiliation, where applicable;
(f) The candidate’s residence addresses for the applicable period to determine eligibility;
(g) The candidate’s designation of how he or she would like his or her name to be listed on the ballot;
(h) A statement that the candidate meets the qualifications for holding the office sought; and
(i) A notice of the penalties for making false representations as to one’s qualifications for holding elective office.
601.3 Each candidate shall swear under oath or affirm before a District notary or Board official that the information provided in the Declaration of Candidacy is true to the best of the candidate’s knowledge and belief.
601.4 The Declaration of Candidacy shall also contain sufficient space for the candidate to print his or her email address and phone number. By providing an email address, the candidate consents to receiving official communication by email at the address provided.
601.5 The deadline for filing the Declaration of Candidacy shall be the same date as the deadline for filing nominating petitions for the particular office sought, except that in the event the nomination of candidates for election to the office of presidential elector is made by message to the Board pursuant to D.C. Code § 1-1001.08(d) (2011 Repl.), the deadline for filing the Declaration of Candidacy shall be the same date as the deadline for making nominations by message.
601.6 Within three (3) business days after the deadline for filing the Declaration of Candidacy for any office, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the declarant to be candidate for the particular office sought.
601.7 Notice of the Executive Director’s preliminary determination shall be served immediately by email or first-class mail upon each declarant and upon the chairperson of any political committee(s) registered as supporting that individual’s candidacy.
601.8 The preliminary determination of eligibility shall be based solely upon information contained in the Declaration of Candidacy and upon information contained in other public records and documents as may be maintained by the Board. The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.
601.9 The preliminary determination of eligibility shall in no way be deemed to preclude further inquiry into or challenge to the eligibility of an individual for candidacy or office made prior to the certification of election results. The Executive Director or his or her designee may reverse a preliminary determination of eligibility based upon evidence which was not known to the Executive Director at the time of the preliminary determination or upon evidence of changed circumstances.
601.10 In the event that the Executive Director determines that an individual is ineligible to be a candidate for the particular office sought, the individual’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Code § 1-1001.08(o) (2011 Repl.), along with the Executive Director’s preliminary determination.
601.11 Within three (3) days of receipt of notice of an adverse determination of eligibility, a declarant aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the declarant and specifying concisely the grounds for appeal.
601.12 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.
601.13 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 2-501 et seq. (2011 Repl.), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05(g) (2011 Repl.)).
601.14 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05(g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.
602 AFFIRMATION OF WRITE-IN CANDIDACY OF AN APPARENT WINNER
602.1 In the case of a primary election, a write-in nominee who is an apparent winner and wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 4:45 p.m. on the third (3rd) day immediately following the election.
602.2 In the case of a general or special election, a write-in nominee who is an apparent winner and wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 4:45 p.m. on the seventh (7th) day immediately following the election.
602.3 Nothing in this section shall prohibit an individual seeking to declare write-in candidacy from filing an Affirmation of Write-in Candidacy prior to write-in nomination, provided that the determination of the write-in candidate’s eligibility shall proceed in accordance with this chapter. Write-in nominees who fail to submit the documents required by this section within the prescribed times shall be deemed to be ineligible candidates.
602.4 The Affirmation of Write-in Candidacy form shall contain the same information required for the Declaration of Candidacy described in this chapter.
602.5 Each write-in candidate shall swear under oath or affirm before a District of Columbia notary or Board official that the information provided in the Affirmation of Write-in Candidacy is true to the best of his or her knowledge and belief.
602.6 If a write-in nominee is an apparent winner of an election contest, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the write-in nominee if such nominee has perfected his or her candidacy prior to the prescribed deadline. No eligibility determination shall be made for affirmants who are not apparent winners.
602.7 Notice of the determination shall be served immediately by mail upon any affirmant found to be ineligible.
602.8 The determination of eligibility shall be based solely upon information contained in the Affirmation of Write-In Candidacy and upon information contained in other public records and documents as may be maintained by the Board. The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.
602.9 The determination shall in no way be deemed to preclude further inquiry into or challenge to such individual’s eligibility for candidacy or office made prior to the certification of election results by the Board and based upon information which is not known to the Board at the time of the preliminary determination, or upon evidence of changed circumstances.
602.10 If a write-in winner is declared ineligible after the election, no winner shall be declared.
603 WITHDRAWAL OF CANDIDATES
603.1 Except as provided in this section, a candidate shall withdraw his or her candidacy by executing and filing with the Board a notarized affidavit which states that the candidate irrevocably withdraws the candidacy for the office to which he or she has been nominated or is seeking nomination. The withdrawal shall be irrevocable only for the office sought and for the election at issue,
603.2 In the case of a presidential candidate who publically withdraws during a primary election and no affidavit of withdrawal is received from the candidates for delegate in support of that presidential candidate, the Board may remove the names of such candidates from the ballot.
603.3 The Executive Director or his or her designee shall provide public notice of all withdrawals.
603.4 The affidavit of withdrawal shall be filed with the Board no later than 5 p.m. on the 54th day before Election Day. If a candidate withdraws after the 54th day before Election Day, his or her name may still appear on the official ballot or separate handout (in the case of a presidential preference primary, pursuant to party rule). In this case, notice of the candidate’s withdrawal shall also be posted in the early voting centers and the affected polling places.
Section 700 (Ballot Form and Content) of Chapter 7 (Election Procedures) of Title 3 of the District of Columbia Municipal Regulations (DCMR) is repealed.
Section 701 (Fictitious and Sample Ballots) of Chapter 7 (Election Procedures) of Title 3 of the District of Columbia Municipal Regulations (DCMR) is repealed.
Section 702 (Candidates Names on Ballots) of Chapter 7 (Election Procedures) of Title 3 of the District of Columbia Municipal Regulations (DCMR) is repealed.
Section 706 (Poll Watchers and Election Observers) of Chapter 7 (Election Procedures) of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
706 POLL WATCHERS AND ELECTION OBSERVERS
706.1 Each candidate and each proponent or opponent of a proposed ballot measure may petition the Board for credentials authorizing poll watchers at any early voting centers, polling places and/or ballot counting places.
706.2 Persons who wish to witness the administration of elections, including nonpartisan or bipartisan, domestic or international organizations, who are not affiliated with a candidate or ballot measure may petition the Board for credentials authorizing election observers at any early voting center, polling place, and/or ballot counting place.
706.3 Each petition shall be filed with the Board, not less than two (2) weeks before each election and shall be on a form furnished by the Board. Less than two (2) weeks before each election, the Board reserves the right to accept additional petitions based upon available space.
706.4 At the time of filing, the poll watcher petition form shall contain the following information:
(a) The name, address, telephone number, and signature of the candidate or ballot measure proponent or opponent (“applicant”);
(b) The office for which the applicant is a candidate or the short title of the measure which the applicant supports or opposes;
(b) The name, address, and telephone number of the poll watcher supervisor, if a person is designated by the candidate, proponent, or opponent;
(c) The locations where access credentials are sought;
(d) The names, addresses and telephone numbers of at least two (2) and not more than three (3) persons who are authorized to collect the poll watcher badges from the Board on behalf of the candidate or ballot measure proponent or opponent for distribution to the authorized poll watchers; and
(e) A certificate from the applicant that each poll watcher selected shall conform to the regulations of the Board with respect to poll watchers and the conduct of the election.
706.5 At the time of filing, the election observer petition form shall contain the following:
(a) The name, address, and telephone number of the organization or individual seeking credentials;
(b) The name, address, and telephone number of the election observer supervisor, if a person is designated by an organization;
(c) The names, addresses, and telephone numbers of all observers who will be receiving badges;
(d) The locations where access credentials are sought;
(e) The names, addresses, and telephone numbers of at least one (1) and not more than three (3) persons who are authorized to collect the election observer badges from the Board on behalf of the organization or individual seeking credentials for distribution to the authorized election observers; and
(f) A certificate from the applicant that each election observer selected shall conform to the regulations of the Board with respect to election observers and the conduct of the election.
706.6 The Board may limit the number of poll watchers or election observers to ensure that the conduct of the election will not be obstructed or disrupted, except that:
(a) Each qualified candidate shall be entitled to one (1) poll watcher in each of the precincts where his or her name appears on the ballot.
(b) Each proponent or opponent of a ballot measure who has timely filed a verified statement of contributions with the Office of Campaign Finance shall be entitled to one (1) poll watcher in each precinct where the ballot measure appears on the ballot.
706.7 The Executive Director shall make a ruling on poll watcher and election observer petitions not less than ten (10) days prior to an election.
706.8 In making a determination of the number of watchers or observers allowed, the Executive Director shall consider the following:
(a) The number of candidates or requesting organizations;
(b) Whether the candidates are running as a slate;
(c) The number of proponents and opponents of measures and proposed Charter amendments;
(d) The physical limitations of the polling places and counting place; and
(e) Any other relevant factors.
706.9 Within twenty-four (24) hours of a denial, the Executive Director shall issue a public notice with respect to any denial of a petition for credentials.
706.10 If a place cannot accommodate all those seeking credentials, the Board may grant preference to poll watchers over election observers, and organizations over individuals.
706.11 The Board shall issue a badge for each authorized poll watcher or election observer, with space for the watcher’s or observer’s name and the name of the candidate or party represented by the watcher, or any organization being represented by the observer. Badges shall also be issued for each authorized watcher representing the proponents or opponents of ballot measures.
706.12 Badges shall be numbered consecutively, and consecutive numbers issued to each candidate, organization, proponent, or opponent.
706.13 All badges shall be worn by the authorized poll watcher or election observer in plain view at all times when on duty at the polling place or counting place.
706.14 An authorized alternate poll watcher or election observer may, in the discretion of the watcher or observer supervisor, be substituted for a watcher or observer at any time; provided, that notice is first given to the designated representative of the Board at the polling place or counting place.
706.15 A poll watcher shall be allowed to perform the following acts:
(a) Observe the count;
(b) Unofficially ascertain the identity of persons who have voted;
(c) Report alleged discrepancies to the Precinct Captain; and
(d) Challenge voters in accordance with the procedures specified in this chapter, if the watcher is a registered qualified elector.
706.16 An election observer shall be allowed to perform the following acts:
(a) Observe the count;
(b) Unofficially ascertain the identity of persons who have voted; and
(c) Report alleged discrepancies to the Precinct Captain.
706.17 No poll watcher or election observer shall, at any time, do any of the following:
(a) Touch any official record, ballot, voting equipment, or counting form;
(b) Interfere with the progress of the voting or counting;
(c) Assist a voter with the act of voting;
(d) Talk to any voter while the voter is in the process of voting, or to any counter while the count is underway; provided, that a watcher or observer may request that a ballot be referred for ruling on its validity to a representative of the Board;
(e) In any way obstruct the election process; or
(f) Use any video or still cameras inside the polling place while the polls are open for voting, or use any video or still camera inside the counting center if such use is disruptive or interferes with the administration of the counting process
706.18 A candidate may not serve as a poll watcher in any early voting center or polling place.
706.19 If a poll watcher or election observer has any question, or claims any discrepancy or error in the voting or the counting of the vote, the watcher or observer shall direct the question or complaint to the election official in charge. In each polling place, the Precinct Captain shall be the representative of the Board to whom the poll watchers or election observers shall direct all questions and comments. In counting places, the Executive Director shall identify those representatives to whom poll watchers and election observers shall direct all questions and comments.
706.20 Any poll watcher or election observer who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules contained in this section, or has engaged in some other prohibited activity or misconduct, may be requested to leave the polling place or the counting center.
706.21 If a poll watcher or election observer is requested to leave, that watcher’s or observer’s authorization to use credentials shall be cancelled, and he or she shall leave the polling place or counting place forthwith.
706.22 An authorized alternate poll watcher or election observer may be substituted for a watcher or observer who has been removed.
Section 707 (Polling Place Officials Liaison with Poll Watchers and Election Observers) of Chapter 7 (Election Procedures) of Title 3 of the District of Columbia Municipal Regulations (DCMR) is repealed.
Section 709 (Control of Activity at Early Voting Centers, Polling Places, and Ballot Counting Places) of Chapter 7 (Election Procedures) of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
709 CONTROL OF ACTIVITY AT EARLY VOTING CENTERS, POLLING PLACES, AND BALLOT COUNTING PLACES
709.1 The Precinct Captain shall have full authority to maintain order, pursuant to the Election Act, the regulations contained in this section, and directives of the Executive Director, General Counsel and their designees, including full authority to request police officials to enforce lawful orders of the Precinct Captain.
709.2 The only persons who shall be permitted to be present in early voting centers, polling places, or ballot counting places are the following:
(a) Designated representatives of the Board;
(b) Police officers;
(c) Duly qualified poll watchers and election observers;
(d) Persons actually engaged in voting; and
(e) Other persons authorized by the Board.
709.3 The only activity which shall be permitted in the portion of any building used as an early voting center, polling place, or ballot counting place shall be the conduct of the election. No partisan or nonpartisan political activity, or any other activity which, in the judgment of the Precinct Captain, may directly or indirectly interfere with the orderly conduct of the election, shall be permitted in, on, or within a reasonable distance outside the building used as an early voting center, polling place, or ballot counting place.
709.4 For the purposes of this section, the term "political activity" shall include, without limitation, any activity intended to persuade a person to vote for or against any candidate or measure or to desist from voting.
709.5 The distance deemed "reasonable" shall be approximately fifty feet (50 ft.) from any door used to enter the building for voting. The exact distance shall be determined by the Precinct Captain, depending on the physical features of the building and surrounding area. Wherever possible, the limits shall be indicated by a chalk line, or by some other physical marker at the polling place.
709.6 A person shall be warned to cease and desist his or her conduct upon any instance of the following:
(a) Violation of the Election Act or regulations contained in this section;
(b) Failure to obey any reasonable order of the Board or its representative(s); or
(c) Acting in a disorderly manner in, or within a reasonable distance outside the building used as an early voting center, polling place, or ballot counting place.
709.7 If the person committing the violation(s) fails to cease and desist, a member of the Metropolitan Police Department of the District of Columbia shall be requested to evict the person or take other appropriate action.
Chapter 10 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 10 INITIATIVE AND REFERENDUM
1000 GENERAL PROVISIONS
1001 ADOPTION OF BALLOT LANGUAGE
1002 PETITION FORM
1003 SIGNATURE REQUIREMENTS
1004 NON-RESIDENT CIRCULATORS
1005 FILING PETITIONS
1006 PETITION CHALLENGES
1007 VALIDITY OF SIGNATURES
1008 WATCHERS
1009 PETITION CERTIFICATION
1010 DATE OF ELECTION
1011 RETENTION OF RECORDS
1012 PROPOSER SUBSTITUTION
1000 GENERAL PROVISIONS
1000.1 This chapter governs the process by which registered qualified elector(s) of the District of Columbia may present initiative or referendum measures to the electorate for their approval or disapproval.
1000.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:
(a) The term “Home Rule Act” means the “District of Columbia Self Government and Governmental Reorganization Act”, Public Law 93-198 (codified at D.C. Official Code § 1-201.01 et seq.), and any subsequent amendments.
(b) The term “qualified petition circulator” means any individual who is:
(i) At least 18 years of age; and
(ii) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
(c) The term “initiative” means the process by which the electors of the District of Columbia may propose laws (except laws appropriating funds) and present such proposed laws directly to the registered qualified electors of the District of Columbia for their approval or disapproval.
(d) The term “referendum” means the process by which the registered qualified electors of the District of Columbia may suspend acts of the Council of the District of Columbia (except emergency acts, acts levying taxes, or acts appropriating funds for the general operation budget) until such acts have been presented to the registered qualified electors of the District of Columbia for their approval or rejection, provided that the Chairman of the Council has transmitted the Act to the Speaker of the House of Representatives, and the President of the Senate, under D.C. Official Code § 1-206.02(c)(1) (2006 Repl.).
1000.3 In order to commence the initiative or referendum process, a registered qualified elector(s) shall file the following documents in-person at the Board’s office:
(a) Five (5) printed or typewritten copies of the full text of the initiative or referendum measure;
(b) A summary statement of the measure not exceeding one hundred (100) words in length;
(c) A short title of the measure to be proposed by initiative or of the act or part of the act to be referred; and
(d) An affidavit under oath containing the name, telephone number, and residence address of the proposer, and a statement that the proposer is a registered qualified elector of the District of Columbia; and
(e) A copy of the statement of organization and report(s) of receipts and expenditures filed with the Office of Campaign Finance.
1000.4 The General Counsel shall provide notice in the D.C. Register of the measure’s receipt and the Board’s intent to review the measure at a public hearing to determine whether it presents a proper subject for initiative or referendum, whichever is applicable ("Notice of Public Hearing: Receipt and Intent to Review").
1000.5 A measure does not present a proper subject for initiative or referendum, and must be refused by the Board, if:
(a) The measure presented would violate the Home Rule Act;
(b) The measure presented seeks to amend the Home Rule Act;
(c) The measure presented would appropriate funds;
(d) The measure presented would violate the U.S. Constitution;
(e) The statement of organization and the report(s) of receipts and expenditures have not been filed with the Office of Campaign Finance;
(f) The form of the measure does not include legislative text, a short title, or a summary statement containing no more than one hundred (100) words;
(g) The measure authorizes or would have the effect of authorizing discrimination prohibited under the Human Rights Act of 1977 or any subsequent amendments; or
(h) The measure would negate or limit an act of the Council enacted pursuant to § 446 of the Home Rule Act.
1000.6 Within ten (10) days after the refusal, the proposer(s) of a rejected initiative or referendum measure may petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the measure. The Board shall retain the submitted petition pending appeal.
1000.7 If the Board determines that the initiative or referendum measure presents a proper subject, or if the Superior Court of the District of Columbia grants a writ in the nature of mandamus compelling the Board to accept the measure, the Board shall accept the initiative or referendum measure as a proper subject matter and shall assign a serial number to the measure.
1000.8 The first initiative measure shall be numbered one (1) in numerals. Succeeding measures shall be numbered consecutively 2, 3, 4, and so on ad infinitum.
1000.9 The first referendum measure shall be numbered 001 in numerals. Succeeding measures shall be numbered 002, 003, 004, and so on ad infinitum.
1000.10 Once assigned a serial number, an initiative or referendum measure shall be known and designated on all petitions, election ballots, and proceedings as "Initiative Measure No. " or "Referendum Measure No. ."
1001 ADOPTION OF BALLOT LANGUAGE
1001.1 Within twenty (20) calendar days of the date on which the Board accepts the initiative or referendum measure, the Board shall prepare and formally adopt the following at a public meeting:
(a) An abbreviated and impartial summary statement not exceeding one hundred (100) words in length expressing the chief purpose of the proposed measure;
(b) A short title for the measure not exceeding fifteen (15) words in length by which it will be readily identifiable and distinguishable from other measures which may appear on the ballot; and
(c) The proper legislative form of the initiative or referendum measure, where applicable, similar to the form of an act that has completed the course of the legislative process within the District of Columbia government before transmittal to Congress.
1001.2 For the purposes of this section, the following rules shall apply to the counting of words in the summary statement and short title:
(a) Punctuation is not counted;
(b) Each word shall be counted as one (1) word except as specified in this subsection;
(c) All geographical names shall be considered as one (1) word; for example, "District of Columbia" shall be counted as one (1) word;
(d) Each abbreviation for a word, phrase, or expression shall be counted as one (1) word;
(e) Hyphenated words that appear in any generally available dictionary shall be considered as one (1) word. Each part of all other hyphenated words shall be counted as a separate word;
(f) Dates consisting of a combination of words and digits shall be counted as two (2) words. Dates consisting only of a combination of digits shall be counted as one (1) word; and
(g) Any number consisting of a digit or digits shall be considered as one (1) word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one (1) word whereas "one hundred" shall be counted as two (2) words. The number one hundred "100," shall be counted as one (1) word.
1001.3 Within five (5) days of formally adopting the summary statement, short title, and legislative text, the Board shall do the following:
(a) Notify the proposer of the measure of the adopted language by certified mail; and
(b) Submit the adopted language to the D.C. Register for publication.
1001.4 Within ten (10) days from the date of its publication in the D.C. Register, any registered qualified elector who objects to the adopted language formulated by the Board may petition the Superior Court of the District of Columbia for review. If no review in the Superior Court is sought, the adopted language shall be considered to be certified at the expiration of the ten (10) day period for review.
1001.5 The certified short title shall be the title of the measure furnished with the petition, the title printed on the ballot, and the title used in any other proceedings relating to the measure.
1002 PETITION FORM
1002.1 The Board shall prepare and provide to the proposer at a public meeting an original petition form which the proposer shall reproduce at his or her own expense for use in circulating the petition. Each reproduced petition sheet shall be printed in its entirety on white paper of good writing quality of the same size as the original petition form prepared by the Board and shall be double-sided.
1002.2 The original petition form prepared by the Board shall contain the following:
(a) Numbered lines for twenty (20) names, designed so that each signer may personally affix the date signed and his or her signature, printed name, residence address (giving street and number) and election ward;
(b) A statement requesting that the Board hold an election on the initiative or referendum measure contained in the petition, stating the measure’s serial number and short title;
(c) The text of the official summary and short title of the measure printed on the front of the petition sheet;
(d) A warning statement declaring that only duly registered qualified electors of the District of Columbia may sign the petition;
(e) Instructions advising signatories of the proper method of signing the petition as follows: EVERY PETITIONER MUST SIGN HIS OR HER OWN NAME. UNDER NO CIRCUMSTANCES IS ANY PERSON PERMITTED TO SIGN ANOTHER PERSON’S NAME OR SIGN MORE THAN ONCE. PRINT YOUR NAME AND RESIDENCE ADDRESS IN FULL; and
(f) The words "PAID FOR BY" followed by the name and address of the payer or the committee or other person, and its treasurer on whose behalf the material appears, in the right hand corner of the front page.
1002.3 The second page of each petition form shall include a circulator’s affidavit, providing space for the circulator of a petition to record his or her name and address and the dates between which the signatures on the sheet were obtained. By signing the affidavit, the circulator swears under oath or affirms that:
(a) He or she is a qualified petition circulator;
(b) He or she was in the presence of each person who signed the petition at the time the petition was signed;
(c) According to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be.
1002.4 No petition sheets may be circulated prior to the Board’s provision of the original petition form.
1003 SIGNATURE REQUIREMENTS
1003.1 An initiative or referendum petition shall be signed by registered voters equal in number to five percent (5%) of the registered qualified electors of the District of Columbia, provided that the total signatures submitted include five percent (5%) of the registered qualified electors in each of five (5) or more of the eight (8) election wards.
1003.2 The number of registered qualified electors used for computing the signature requirements shall be based upon the latest official count of registered qualified electors made by the Board that was issued at least thirty (30) days prior to submission of the signatures for the particular initiative or referendum petition.
1004 NON-RESIDENT CIRCULATORS
1004.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of the measure in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1004.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
1005 FILING PETITIONS
1005.1 An initiative petition must be submitted for filing no later than 5:00 p.m. on the one hundred and eightieth (180th) calendar day following the date upon which the Board provided the original petition form. A referendum petition shall be submitted for filing no later than 5:00 p.m. on the last business day before the act, or any part of the act, which is the subject of the referendum has become law. A petition that is not timely submitted shall not be accepted for filing.
1005.2 All timely submitted petitions shall be received by the Executive Director or his or her designee. When a petition is offered for filing, the Executive Director shall:
(a) Count the petition pages and issue a receipt for the total number of petition pages submitted;
(b) Shall serially number the pages and obliterate any blank lines appearing on each petition page; and
(c) Prepare an initial total count, broken down by ward, of the signatures submitted.
1005.3 A signature shall not be accepted, and shall not be included in the Executive Director’s initial total count, if it:
(a) Appears on a page that is not a reproduction of the form provided by the Board;
(b) Appears on a page which does not have a completed circulator affidavit;
(c) Was collected by someone who is not a qualified petition circulator; and
(d) Is the signature of a registered voter who submitted a notarized request to disallow his or her signature from being counted on the petition, provided that the request was received prior to the time the petition is filed.
1005.4 If the initial total count indicates that a petition contains at least five percent (5%) of registered qualified electors in the District, the Executive Director shall accept the petition, post the petition for public inspection and challenge, and proceed with registration verification of petition signers in accordance with the rules of this chapter. If the petition does not contain at least five percent (5%) of registered qualified electors in the District, the Executive Director shall refuse to accept the petition and shall notify the proposer(s) in writing of the refusal.
1005.5 If the accepted petition is for a referendum, the Executive Director shall request that the custodian of the act return it to the Chairman of the Council of the District of Columbia.
1005.6 Within ten (10) days after a refusal, the proposer(s) of a rejected initiative or referendum petition may petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the petition. The Board shall retain the submitted petition pending appeal.
1006 PETITION CHALLENGES
1006.1 The Executive Director or his or her designee shall post all timely submitted petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petitions are filed.
1006.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge is properly filed if it:
(a) Cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;
(b) Is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period; and
(c) Alleges the minimum number of signature defects which, if valid, would render the proposed measure ineligible for ballot access.
1006.3 Within three (3) working days of receipt of a properly filed challenge, the General Counsel or his or her designee shall serve a copy of the challenge upon the proposer, by first-class mail, or email.
1006.4 After receipt of a properly filed challenge, the Board’s staff shall search the Board’s registration records to prepare a recommendation to the Board as to the validity of the challenge.
1006.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1006.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:
(a) Objections and specifications of such objections, if any, to the petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1006.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the proposed measure whose petition was challenged.
1006.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or the proposer may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
1007 VALIDITY OF SIGNATURES
1007.1 A petition signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed and has failed to file a change of address form that is received by the Board on or before the date that the petition is filed;
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the address of the signer;
(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit;
(i) The signature is not made by the person whose signature it purports to be, provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;
(j) The signer was also the circulator of the same petition sheet where the signature appears.
(k) The signature was obtained outside of the presence of the circulator; or
(l) The signature was obtained on a petition sheet that was submitted on behalf of a previously filed petition that was rejected or found to be numerically insufficient.
1008 WATCHERS
1008.1 Two (2) persons representing the proposer(s) and two (2) persons representing any political committee or committees registered with the Office of Campaign Finance and organized in opposition to a proposed initiative or referendum measure may be present during the counting and validation procedures and shall be deemed watchers.
1008.2 To secure the presence of watchers, the proposer, or any committee registered in opposition, shall file a petition for credentials for watchers, within three (3) days from the date the initiative or referendum petition is submitted for filing.
1008.3 Each petition for credentials shall be on a form furnished by the Board and shall contain the following:
(a) The name, address, telephone number, and signature of the proposer(s) or the committee(s), together with the title of the proposed measure and its serial number;
(b) The names, addresses, and telephone numbers of the persons authorized to represent the proposer(s) or the committee(s) and receive the badges from the Board; and
(c) A certificate that each proposed watcher shall conform to the regulations of the Board concerning watchers and the conduct of the counting and validation process.
1008.4 The Board shall issue a badge for each authorized watcher, with space for the watcher’s name, the serial number of the measure, and the name of the proposer(s) or political committee(s) represented by the watcher.
1008.5 Badges shall be worn by the authorized watcher at all times when observing the counting and validation process.
1008.6 An authorized alternate watcher may, in the discretion of the proposer(s) or the political committee(s), be substituted for a watcher at any time during the counting and validation process; provided, that notice is first given to the designated representative of the Board who is present.
1008.7 No watcher shall at any time during the counting and validation process do the following:
(a) Touch any official record of the Board; or
(b) Interfere with the progress of the counting and validation process or obstruct in any way the process.
1008.8 If a watcher has any questions or claims any discrepancy, inaccuracy, or error in the conduct of the procedures, he or she shall direct his or her question or complaint to the Board designee in charge.
1008.9 Any watcher who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules in this section may be requested to leave the area where the verification process is being conducted, and the watcher’s credentials shall be deemed canceled. An authorized alternate watcher may be substituted.
1009 PETITION CERTIFICATION
1009.1 Within thirty (30) calendar days after the acceptance of an initiative or referendum petition for filing, the Board shall determine whether the petition contains the number of valid signatures necessary, in terms of percentage and ward distribution requirements, to be certified for ballot access.
1009.2 Upon the acceptance of a petition, the Executive Director or his or her designee shall:
(a) Verify the registration of each petition signer; and
(b) Determine the number of signatures of verified registrants.
1009.3 The signatures of the verified registrants shall comprise the universe of signatures from which a random sample will be drawn for purposes of verifying the signatures’ authenticity (“random sample universe”).
1009.4 A signature will not be counted and included in the random sample universe
if:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed, except that, if the Board’s records indicate that the voter filed a change of address after the date on which the petition was signed but that was received on or before the petition was submitted, the signature shall be included in the random sample universe;
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the printed or typed address of the signer;
(f) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit;
(i) The signer was also the circulator of the same petition sheet where the signature appears; or
(j) The signature was obtained on a petition sheet that was submitted on behalf of a previously filed initiative or referendum petition that was rejected or found to be numerically insufficient.
1009.5 Each signature in the random sample universe shall be ascribed to the ward in which the signer was a duly registered voter on the date the petition was signed, except that if the Board’s records indicate that the voter filed a change of address after the date on which the petition was signed, but that was received on or before the petition was submitted, the signature shall be included in the ward of the voter’s new address.
1009.6 If the number of signatures in the random sample universe does not meet or exceed the established ward and District-wide requirements, the Board shall reject the petition as numerically insufficient.
1009.7 If the number of signatures in the random sample universe meets or exceeds the established minimum ward and District-wide requirements, the Board shall supply the Data Management Division of the Office of Planning with the signatures in the random sample universe, broken down by ward. The Data Management Division shall draw and identify for the Board a sample of one hundred (100) signatures from each ward to be verified, except where:
(a) The Data Management Division determines that sampling the signatures of a given ward would not be necessary for the Board to make a determination to accept or reject the petition; or
(b) The Data Management Division determines that a sample larger than one hundred (100) must be drawn in order for the Board to make a determination to accept or reject the petition, and thus draws and identifies an appropriate sample size.
1009.8 In making the determination as to the authenticity of a signature, the Board shall disqualify a signature if the signature appearing on the petition does not match the signature on file in the Board’s records.
1009.9 The Board shall report the number of authentic signatures in each ward sample (“random sample results”) to the Data Management Division. Using the random sample results, the Data Management Division shall employ formulas from the fields of probability and statistics to determine the following:
(a) Whether a ward equals or exceeds the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be accepted;
(b) Whether a ward does not equal or exceed the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be rejected; or
(c) Whether a larger sample should be drawn since no decision could be made with ninety-five percent (95%) confidence from the sample used.
1009.10 If is the Data Management Division determines that at least five (5) of the eight (8) election wards have the required number of valid signatures, then it shall use a stratified random sampling formula to combine the figures from all wards which were sampled to determine whether the entire number of authentic signatures appearing on the petition is equal in number to five percent (5%) of the registered electors in the District of Columbia with ninety-five percent (95%) confidence. The Data Management Division shall request that the Board verify additional signatures for authenticity if a larger sample is needed to make a determination.
1009.11 If the total number of authentic signatures equals or exceeds the ward and District-wide signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically sufficient for ballot access.
1009.12 If the total number of authentic signatures fails to equal or exceed the ward and District-wide signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically insufficient to qualify for ballot access.
1010 DATE OF ELECTION
1010.1 At the time the Board certifies an initiative petition as numerically sufficient for ballot access, the Board shall call for the initiative measure to be included on the ballot for the next primary, general or city-wide special election held at least 90 days after the date on which the petition was certified as numerically sufficient.
1010.2 At the time the Board certifies a referendum petition as numerically sufficient for ballot access, the Board shall call a special election to occur within one hundred and fourteen (114) days after the date on which the petition was certified as numerically sufficient, provided that if a previously scheduled primary, general or special election will occur between 54 and 114 days after the date the measure has been certified as numerically sufficient, the Board may call for the referendum measure to be included on the ballot for that election.
1010.3 The Board shall publish the established legislative text in no less than two (2) newspapers of general circulation in the District of Columbia within thirty (30) calendar days after the date of certification of the initiative or referendum petition as numerically sufficient for ballot access.
1011 RETENTION OF RECORDS
1011.1 The Board shall preserve initiative and referendum petitions for one (1) year after the date of the election for which the petition was certified as numerically sufficient or insufficient.
1011.2 Initiative and referendum petitions shall be destroyed following the lapse of the one (1) year period unless legal action relating to the petitions is pending.
1012 PROPOSER SUBSTITUTION
1012.1 The proposer of an initiative or referendum measure shall serve as the proposer of record until such time as a proposer substitution occurs.
1012.2 A proposer substitution occurs when the proposer of record and the substitute proposer complete and sign the Proposer’s Affidavit of Resignation and Substitution and affirm the following:
(a) The proposer of record consents to no longer receiving official correspondence from the Board concerning the initiative or referendum; and
(b) The substitute proposer is a registered qualified elector of the District.
Chapter 11 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 11 RECALL OF ELECTED OFFICIALS
1100 GENERAL PROVISIONS
1101 RESERVED
1102 PETITION FORM
1103 SIGNATURE REQUIREMENTS
1104 NON-RESIDENT CIRCULATORS
1105 FILING PETITIONS
1106 PETITION CHALLENGES
1107 VALIDITY OF SIGNATURES
1108 WATCHERS
1109 PETITION CERTIFICATION
1110 DATE OF ELECTION
1111 RETENTION OF RECORDS
1112 PROPOSER SUBSTITUTION
1100 GENERAL PROVISIONS
1100.1 This chapter governs the process by which the qualified electors of the District of Columbia may call for the holding of an election to remove or retain an elected official of the District of Columbia (except the Delegate to the House of Representatives) prior to the expiration of his or her term (“recall”).
1100.2 For purposes of this chapter, unless otherwise provided, the following terms shall have the meaning ascribed:
(a) The term “elected official” means any of the following office holders:
(i) Mayor of the District of Columbia;
(ii) Members of the Council of the District of Columbia;
(iii) Attorney General for the District of Columbia;
(iv) United States Senator;
(v) United States Representative;
(vi) Members of the State Board of Education; and
(vii) Advisory Neighborhood Commissioner.
(b) The term “qualified petition circulator” means an individual who is:
(i) At least 18 years of age; and
(ii) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
1100.3 In order to commence recall proceedings against an elected official, a registered qualified elector shall file a Notice of Intent to Recall (“Recall Notice”) in-person at the Board’s office. A Recall Notice shall be considered properly filed under the following conditions:
(a) If the elected official sought to be recalled is either the Mayor, Chairman or Member of the Council; Attorney General, Senator, Representative, or Member of the State Board of Education, the Recall Notice is not filed within the first or last three hundred sixty-five (365) days of the elected official’s term of office or within three hundred sixty-five (365) days of a recall election that was decided in the official’s favor;
(b) If the elected official sought to be recalled is an Advisory Neighborhood Commissioner, the Recall Notice is not filed within the first or last six (6) months of the Commissioner’s term of office or within six (6) months of a recall election that was decided in the Commissioner’s favor;
(c) If the elected official sought to be recalled was elected from a ward or Single-Member District, each recall proposer is a registered qualified elector in the ward or Single-Member of the elected official sought to be recalled;
(d) Only one elected official is listed as the subject of the Recall Notice;
(e) The Recall Notice includes a statement of not more than two hundred (200) words giving the reasons for the proposed recall;
(f) The name, telephone number, email address, and residence address of each recall proposer is included and legible in the Recall Notice; and
(g) The Recall Notice is accompanied by a copy of the statement of organization and report(s) of receipts and expenditures that have been filed with the Office of Campaign Finance.
1100.4 Upon submission of a properly filed Recall Notice, the Executive Director or his or her designee shall issue a receipt to the proposer or his or her representative.
1100.5 Within five (5) calendar days after a Recall Notice has been properly filed, the General Counsel or his or her designee shall serve, personally or by certified mail, a copy of the Recall Notice on the elected official sought to be recalled. The elected official sought to be recalled may, within ten (10) calendar days after the Recall Notice was filed, submit a response of no more than two hundred (200) words to the Board. The General Counsel shall serve a copy of any response submitted on the recall proposer(s).
1101 RESERVED
1102 PETITION FORM
1102.1 The Board shall prepare and provide to the proposer at a public meeting an original petition form which the proposer shall reproduce at his or her own expense for use in circulating the petition. Each reproduced petition sheet shall be printed in its entirety on white paper of good writing quality of the same size as the original petition form prepared by the Board and shall be double-sided.
1102.2 The original petition form prepared by the Board shall contain the following:
(a) Numbered lines for twenty (20) names, designed so that each signer may personally affix the date signed and his or her signature, printed name, residence address (giving street and number) and election ward;
(b) A statement requesting that the Board hold a recall election in the manner prescribed in Charter Amendment No. 2 to Title IV of the District of Columbia Self-Government and Governmental Reorganization Act;
(c) The name of the elected officer sought to be recalled and the office held by that elected official;
(d) The name and address of the proposer or proposers of the recall;
(e) The statement of grounds for the recall and the response of the officer sought to be recalled, if any. If the officer sought to be recalled has not responded, the petition shall so state;
(f) A warning statement declaring that only duly registered qualified electors of the District of Columbia may sign the petition;
(g) Instructions advising signatories of the proper method of signing the petition as follows: EVERY PETITIONER MUST SIGN HIS OR HER OWN NAME. UNDER NO CIRCUMSTANCES IS ANY PERSON PERMITTED TO SIGN ANOTHER PERSON’S NAME OR SIGN MORE THAN ONCE. PRINT YOUR NAME AND RESIDENCE ADDRESS IN FULL.
(h) The words "PAID FOR BY" followed by the name and address of the payer or the committee or other person, and its treasurer on whose behalf the material appears, in the right hand corner of the front page.
1102.3 The second page of each petition form shall include a circulator’s affidavit, providing space for the circulator of a petition to record his or her name and address and the dates between which the signatures on the sheet were obtained. By signing the affidavit, the circulator swears under oath or affirms that:
(a) He or she is a qualified petition circulator;
(b) He or she was in the presence of each person who signed the petition at the time the petition was signed;
(c) According to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be.
1102.4 No petition sheets may be circulated prior to the Board’s provision of the original petition form.
1103 SIGNATURE REQUIREMENTS
1103.1 A petition to recall an at-large elected official shall contain the valid signatures of ten percent (10%) of the registered qualified electors of the District of Columbia, provided that the total number of signatures submitted shall include ten percent (10%) of the registered electors in each of five (5) or more of the eight (8) election wards.
1103.2 A petition to recall an elected official from a ward shall contain the valid signatures of ten percent (10%) of the registered qualified electors of the ward from which the official was elected.
1103.3 A petition to recall an elected official from a Single-Member District shall contain the valid signatures of ten percent (10%) of the registered qualified electors of the Single-Member District from which the official was elected.
1103.4 The number of registered qualified electors used for computing these signature requirements shall be based upon the latest official count of registered qualified electors made by the Board that was issued at least thirty (30) days prior to the submission of signatures for the particular recall election.
1104 NON-RESIDENT CIRCULATORS
1104.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(f) Provides the name of the measure in support of which he or she will circulate the petition;
(g) Provides his or her name, residential address, telephone number, and email address;
(h) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(i) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(j) Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1104.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
1105 FILING PETITIONS
1105.1 Where the elected official sought to be recalled is an elected official other than an Advisory Neighborhood Commissioner, a recall petition shall be submitted for filing no later than 5:00 p.m. on the one hundred and eightieth (180th) calendar day following the date upon which the Board provided the original petition form. Where the elected official sought to be recalled is an Advisory Neighborhood Commissioner, a recall petition shall be submitted for filing no later than 5:00 p.m. on the sixtieth (60th) calendar day following the date upon which the Board provided the original petition form. A petition that is not timely submitted shall not be accepted for filing
1105.2 All timely submitted petitions shall be received by the Executive Director or his or her designee. When a petition is offered for filing, the Executive Director shall:
(a) Count the petition pages and issue a receipt for the total number of petition pages submitted;
(b) Serially number the pages and obliterate any blank lines appearing on each petition page; and
(c) Prepare an initial total count, broken down by ward, of the signatures submitted.
1105.3 A signature shall not be accepted, and shall not be included in the Executive Director’s initial total count, if it:
(a) Appears on a page that is not a reproduction of the form provided by the Board;
(b) Appears on a page which does not have a completed circulator affidavit;
(c) Was collected by someone who is not a qualified petition circulator; and
(d) Is the signature of a registered voter who submitted a notarized request to disallow his or her signature from being counted on the petition, provided that the request was received prior to the time the petition is filed.
1105.4 If the initial total count indicates that the petition contains the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director shall accept the petition, post the petition for public inspection and challenge, and proceed with registration verification of petition signers in accordance with the rules of this chapter. If the petition does not contain the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director refuse to accept the petition and shall notify the proposer(s) in writing of the refusal
1105.5 Within ten (10) days after the refusal, the proposer(s) of a refused petition may, pursuant to D.C. Code § 1-1001.(l) (2011 Repl.), petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the petition.
1106 PETITION CHALLENGES
1106.1 The Executive Director or his or her designee shall post all timely submitted petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petitions are filed. For petitions to recall an Advisory Neighborhood Commissioner, the ten (10)- day period shall not include Saturdays, Sundays, and holidays.
1106.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge is properly filed if it:
(a) Cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;
(b) Is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period; and
(c) Allege the minimum number of signature defects which, if valid, would render the proposed measure ineligible for ballot access.
1106.3 Within three (3) working days of receipt of a properly filed challenge, the General Counsel or his or her designee shall serve a copy of the challenge upon the proposer, by first-class mail, or email.
1106.4 After receipt of a properly filed challenge, the Board’s staff shall search the Board’s registration records to prepare a recommendation to the Board as to the validity of the challenge.
1106.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1106.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:
(a) Objections and specifications of such objections, if any, to the petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1106.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the proposed measure whose petition was challenged.
1106.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or the proposer may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
1107 VALIDITY OF SIGNATURES
1107.1 A petition signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed and has failed to file a change of address form that is received by the Board on or before the date that the petition is filed;
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the address of the signer;
(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit;
(i) The signature is not made by the person whose signature it purports to be, provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;
(j) The signer was also the circulator of the same petition sheet where the signature appears.
(k) The signature was obtained outside of the presence of the circulator;
(l) The signature was obtained on a petition sheet that was submitted on behalf of a previously filed petition that was rejected or found to be numerically insufficient; or
(m) The signer is not a registered voter in the ward or Single-Member District of the elected official sought to be recalled.
1108 WATCHERS
1108.1 Two (2) persons representing the proposer(s) and two (2) persons representing the elected official sought to be recalled may be present during the counting and validation procedures and shall be deemed watchers.
1108.2 To secure the presence of watchers, the proposer or elected official shall file a petition for credentials for watchers, within three (3) days from the date the recall petition is submitted for filing.
1108.3 Each petition for credentials shall be on a form furnished by the Board and shall contain the following:
(a) The name, address, telephone number, and signature of the proposer(s) or elected official;
(b) The names, addresses, and telephone numbers of the persons authorized to represent the proposer(s) or elected official and receive the badges from the Board; and
(c) A certificate that each proposed watcher shall conform to the regulations of the Board concerning watchers and the conduct of the counting and validation process.
1108.4 The Board shall issue a badge for each authorized watcher, with space for the watcher’s name, the serial number of the measure, and the name of the proposer(s) or the elected official represented by the watcher.
1108.5 Badges shall be worn by the authorized watcher at all times when observing the counting and validation process.
1108.6 An authorized alternate watcher may, in the discretion of the proposer(s) or the political committee(s), be substituted for a watcher at any time during the counting and validation process; provided, that notice is first given to the designated representative of the Board who is present.
1108.7 No watcher shall at any time during the counting and validation process do the following:
(a) Touch any official record of the Board; or
(b) Interfere with the progress of the counting and validation process or obstruct in any way the process.
1108.8 If a watcher has any questions or claims any discrepancy, inaccuracy, or error in the conduct of the procedures, he or she shall direct his or her question or complaint to the Board designee in charge.
1108.9 Any watcher who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules in this section may be requested to leave the area where the verification process is being conducted, and the watcher’s credentials shall be deemed canceled. An authorized alternate watcher may be substituted.
1109 PETITION CERTIFICATION
1109.1 Within thirty (30) calendar days after the acceptance of a recall petition for filing, the Board shall determine whether the petition contains the number of valid signatures necessary, in terms of percentage and ward distribution requirements, to be certified for ballot access.
1109.2 Upon the acceptance of a petition, the Executive Director or his or her designee shall:
(a) Verify the registration of each petition signer; and
(b) Determine the number of signatures of verified registrants.
1109.3 The signatures of the verified registrants shall comprise the universe of signatures from which a random sample will be drawn for purposes of verifying the signatures’ authenticity (“random sample universe”).
1109.4 A signature will not be counted and included in the random sample universe a
signature if:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed, except that, if the Board’s records indicate that the voter filed a change of address after the date on which the petition was signed but that was received on or before the petition was submitted, the signature shall be included in the random sample universe;
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the printed or typed address of the signer;
(f) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit;
(i) The signer was also the circulator of the same petition sheet where the signature appears;
(j) The signature was obtained on a petition sheet that was submitted on behalf of a previously filed recall petition that was rejected or found to be numerically insufficient; or
(k) The signer is not a registered voter in the ward or Single-Member District of the elected official sought to be recalled.
1109.5 Each signature in the random sample universe shall be ascribed to the ward in which the signer was a duly registered voter on the date the petition was signed, except that if the Board’s records indicate that the voter filed a change of address after the date on which the petition was signed, but that was received on or before the petition was submitted, the signature shall be included in the ward of the voter’s new address.
1109.6 If the number of signatures in the random sample universe does not meet or exceed the established Single-Member District, ward and/or District-wide requirements, the Board shall reject the petition as numerically insufficient.
1109.7 If the number of signatures in the random sample universe meets or exceeds the established minimum requirements and the officer sought to be recalled is an Advisory Neighborhood Commissioner, the Board shall verify the authenticity of all of the signatures in the random sample universe.
1109.8 If the number of signatures in the random sample universe meets or exceeds the established minimum requirements and the officer sought to be recalled is elected from a ward or at-large, the Board shall supply the Data Management Division of the Office of Planning with the signatures in the random sample universe, further broken down by ward if the elected official sought to be recalled is elected at-large.
1109.9 If the elected official sought to be recalled is elected at-large, the Data Management Division shall draw and identify for the Board a sample of one hundred (100) signatures from each ward to be verified (“random sample”), except where:
(a) The Data Management Division determines that sampling the signatures of a given ward would not be necessary for the Board to make a determination to accept or reject the petition; or
(b) The Data Management Division determines that a sample larger than one hundred (100) must be drawn in order for the Board to make a determination to accept or reject the petition, and thus draws and identifies an appropriate sample size.
1109.10 If the elected official sought to be recalled is elected from a ward, the Data Management Division shall determine the size of the random sample.
1109.11 In making the determination as to the authenticity of a signature, the Board shall disqualify a signature if the signature appearing on the petition does not match the signature on file in the Board’s records.
1109.12 The Board shall report the number of authentic signatures in each ward sample (“random sample results”) to the Data Management Division. Using the random sample results, the Data Management Division shall employ formulas from the fields of probability and statistics to determine the following:
(a) Whether a ward equals or exceeds the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be accepted;
(b) Whether a ward does not equal or exceed the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be rejected; or
(c) Whether a larger sample should be drawn since no decision could be made with ninety-five percent (95%) confidence from the sample used.
1109.13 In the case of an elected official sought to be recalled is elected at-large, if the Data Management Division determines that at least five (5) of the eight (8) election wards have the required number of valid signatures, then it shall use a stratified random sampling formula to combine the figures from all wards which were sampled to determine whether the entire number of authentic signatures appearing on the petition is equal in number to five percent (5%) of the registered electors in the District of Columbia with ninety-five percent (95%) confidence. The Data Management Division shall request that the Board verify additional signatures for authenticity if a larger sample is needed to make a determination.
1109.14 If the total number of authentic signatures equals or exceeds the District-wide and/or ward signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically sufficient for ballot access.
1109.15 If the total number of authentic signatures fails to equal or exceed the District-wide and/or ward signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically insufficient to qualify for ballot access.
1110 DATE OF ELECTION
1110.1 At the time the Board certifies a recall petition as numerically sufficient for ballot access, the Board shall call a special election to occur within one hundred and fourteen (114) days after the date on which the petition was certified as numerically sufficient, provided that if a previously scheduled general or special election will occur between 54 and 114 days after the date the measure has been certified as numerically sufficient, the Board may call for the measure to be included on the ballot for that election.
1110.2 If the certified recall petition proposes to recall an Advisory Neighborhood Commissioner, the Board may, in its discretion, conduct a special election by postal ballot.
1111 RETENTION OF RECORDS
1111.1 The Board shall preserve recall petitions for one (1) year after the date of the election for which the petition qualified or attempted to qualify for placement on the ballot.
1111.2 Recall petitions shall be destroyed following the lapse of the one (1) year period unless legal action relating to the petitions is pending.
1112 PROPOSER SUBSTITUTION
1112.1 The proposer of a recall measure shall serve as the proposer of record until such time as a proposer substitution occurs.
1112.2 A proposer substitution occurs when the proposer of record and the substitute proposer complete and sign the Proposer’s Affidavit of Resignation and Substitution and affirm the following:
(a) The proposer of record consents to no longer receiving official correspondence from the Board concerning the measure; and
(b) The substitute proposer is a registered qualified elector of the District.
Chapter 12 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is created to read as follows:
CHAPTER 12 BALLOTS
1200 BALLOT FORM AND CONTENT
1201 FICTITIOUS AND SAMPLE BALLOTS
1202 ORDER OF CONTESTS AND QUESTIONS
1203 CANDIDATES NAMES ON BALLOTS
1204 BALLOT POSITION LOTTERY
1200 BALLOT FORM AND CONTENT
1200.1 The Board shall provide official ballots to absentee voters and to voters on Election Day and at early voting centers to be used by the voter for indicating candidate or ballot measure preference in any contest.
1200.2 Official election ballots shall list:
(a) Any offices to be filled and candidates for nomination or election;
(b) The serial number, short title, and summary statement of each proposed initiative, referendum or Charter amendment, if any; and
(c) Each proposed recall measure, if any.
1200.3 Official ballots for primary elections shall be separate and color-coded for each political party qualified to participate in the election.
1200.4 Official ballots for qualified federal electors shall list only the offices of Electors of President and Vice President of the United States and Delegate to the United States House of Representatives and the candidates for each office, and shall be provided in any primary, general or special election in which those offices are nominated or elected. Federal Ballots shall be restricted to qualified federal electors as defined in chapter 5.
1200.5 Initiative, referendum and recall measures and proposed Charter amendments may appear on a separate ballot in any election.
1200.6 Candidates who are properly registered as a slate shall appear individually in each contest denoting parenthetically the name of the slate with which the candidate is registered.
1201 FICTITIOUS AND SAMPLE BALLOTS
1201.1 The Board shall publish in the D.C. Register a sample design and layout of the ballot (“fictitious ballot”) to be used in each election not later than forty-five (45) days before the election.
1201.2 The Board shall publish a sample ballot to be used in each election (except the official ballot to be used in the Advisory Neighborhood Commissions elections) in one or more newspapers of general circulation in the District not more than twenty-one (21) days before each election.
1201.3 The Board shall permit the preparation and distribution of sample ballots, subject to the following requirements:
(a) Sample ballots shall be printed or reproduced on white paper; and
(b) Sample ballots shall be prominently marked on the front with the word(s) "Sample" or "Sample Ballot."
1202 ORDER OF CONTESTS AND QUESTIONS
1202.1 Contests and questions in any Primary, General or Special Election, if applicable to that election, shall appear on the ballot in the following order:
(a) Electors for President and Vice President of the United States;
(b) Delegate to the U.S. House of Representatives;
(c) Mayor of the District of Columbia;
(d) Chairman of the Council of the District of Columbia;
(e) At-Large Member of the Council of the District of Columbia;
(f) Ward Member of the Council of the District of Columbia;
(g) United States Senator;
(h) United States Representative;
(i) At-Large Member of the State Board of Education;
(j) Ward Member of the State Board of Education;
(k) Advisory Neighborhood Commissioner;
(l) Short title and summary statement of each proposed initiative, referendum, and Charter amendment; and
(m) Recall measures.
1202.2 In any election following the admittance of the proposed state of New Columbia to the union, the contests for United States Senator and United States Representative shall appear first on the ballot, or immediately following the contest for Electors of President and Vice President of the United States in presidential election years.
1203 CANDIDATES NAMES ON BALLOTS
1203.1 The name of a candidate for election shall appear on the ballot in the form designated on the Declaration of Candidacy executed and filed by the candidate in accordance with the provisions of chapter 6 of this title; provided, that the name conforms to the following:
(a) The use of titles, degrees, and prefixes on the ballot is prohibited; and
(b) The candidate shall designate the listing of his or her name on the ballot by specifying the given name or names, or the initial letter of a given name, if any, and surname.
1203.2 The Board may permit a candidate to specify a modified form of his or her given name or names on the ballot if the Board finds that the change shall not confuse or mislead the voters and is legally acceptable.
1203.3 In any election, the order in which the names and slates of the candidates for office appear on the ballot shall be determined by lot pursuant to this chapter.
1203.4 Except where otherwise specified, the names of candidates nominated as a slate shall be listed on the ballot in the same order in which their names appear on the first page of their nominating petition.
1204 BALLOT POSITION LOTTERY
1204.1 In each primary, general and special election, the Board shall determine, by lot, the order of the candidates’ names on the ballot in each contest.
1204.2 The Board shall notify each candidate for the offices appearing on the ballot of the date and time of the lottery to determine ballot position.
1204.3 The lottery to determine ballot position in any election shall be conducted in the following manner:
(a) The name of each candidate in a contest shall be typed or written on a slip of paper and placed in a container;
(b) Each candidate, or his or her designated representative, shall draw from the container one slip of paper;
(c) In the absence of a candidate, or his or her designated representative, the Board shall assign a local party committee chairperson, a registered voter, or one of its employees to draw for the absent candidate;
(d) The lottery for ballot position shall be conducted such that the names on the slips of paper shall be hidden from the view of the individual drawing; and
(e) The candidate whose name is pulled first from the container shall have his or her name appear first on the ballot; the candidate whose name is pulled second shall have his or her name placed second on the ballot; and this order shall continue until all candidate ballot positions have been determined.
1204.4 In the event of the death, withdrawal, or disqualification of a candidate from the ballot prior to the printing of the ballot, the position of each candidate that appears beneath the name of the former candidate shall be raised to the next higher position.
Chapter 13 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 13 ADVISORY NEIGHBORHOOD COMMISSION VACANCIES
1300 GENERAL PROVISIONS
1301 PETITION BY ANC FOR DECLARATION OF VACANCY
1302 DECLARATION OF VACANCY BY THE BOARD
1303 CERTIFICATION OF VACANCY AND PETITIONS
1304 APPOINTMENT OR ELECTION
1300 GENERAL PROVISIONS
1300.1 This chapter governs the process by which vacancies in the office of Advisory Neighborhood Commissioner are certified and filled.
1300.2 For the purposes of this chapter, a vacancy is deemed to exist in the office of a member of an Advisory Neighborhood Commissioner when any of the following occurs:
(a) Resignation of the incumbent by signed letter received by the Board, provided that if such resignation letter is prospective, the resignation is notarized, irrevocable, and effective not more than sixty (60) days following receipt of the letter;
(b) Failure of the incumbent to reside in the Single-Member District from which the member is elected, as determined by resolution of the Advisory Neighborhood Commission that has been certified by the Board, or by other findings of the Board, as described in this chapter;
(c) The incumbent holds another elected public office as defined by D.C. Official Code § 1-309.05(a)(2) (2006 Repl.);
(d) Death of the incumbent;
(e) Declaration of vacancy by a court;
(f) Successful recall of the incumbent; or
(g) When the office of an Advisory Neighborhood Commissioner from a Single-Member District remains vacant after a general election.
1301 PETITION BY ANC FOR DECLARATION OF VACANCY
1301.1 If a Commissioner fails to reside in the Single-Member District from which the Commissioner is elected and the Commissioner does not submit a letter of resignation, the affected Advisory Neighborhood Commission shall petition the Board by a resolution, signed by the Chairperson and secretary, to declare a vacancy. Consideration of the resolution shall meet all of the requirements as prescribed in D.C. Official Code § 1-309.06 (f)(2).
1301.2 A copy of the resolution, the minutes of the meeting at which the resolution was adopted, and a list of those individuals in attendance at the public meeting shall be sent to the Board, the Council of the District of Columbia, the Mayor, and the affected Commissioner. The resolution shall be a document, separate from all other papers, which states the reason for the vacancy. A separate resolution shall be required for each vacancy.
1301.3 The Executive Director or his or her designee shall post, by making available for public inspection, the resolution in the office of the Board for ten (10) working days, beginning on the third working day after receipt of the resolution.
1301.4 Any qualified elector may, within the ten (10) day period, challenge the validity of the resolution by a written statement, duly signed by the challenger and filed with the Board, specifying concisely the alleged defects in the resolution.
1301.5 Within three (3) working days of receipt of a challenge, the Board shall serve, in person or by certified mail, a copy of the challenge upon the Chairperson of the affected Advisory Neighborhood Commission.
1301.6 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged resolution not more than thirty (30) days after the challenge has been filed.
1301.7 If the Board upholds the validity of the resolution, it shall certify the seat as vacant and forward a copy of the certification and the resolution, by personal service or certified mail, within three (3) working days, to the Chairperson of the respective Advisory Neighborhood Commission. Within three (3) days after certification of the vacancy, either the challenger or the affected Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of the determination.
1301.8 If, at the expiration of the challenge period, no challenge has been filed with respect to the resolution, the Board shall certify the vacancy.
1302 DECLARATION OF VACANCY BY THE BOARD
1302.1 If the Executive Director, through voter registration list maintenance activities, receives evidence that a Commissioner is no longer a registered qualified elector residing in the Single-Member District from which he or she was elected, the Executive Director, or his or her designee, shall present such evidence to the Board at a public hearing to determine whether a vacancy should be certified
1302.2 The Executive Director or his or her designee shall notify the Commissioner by certified mail of the hearing and provide the evidence supporting the existence of the vacancy. The hearing shall be held no fewer than twenty (20) days after the mailing of the Notice.
1302.3 The notice shall include the following information:
(a) A statement that the Executive Director or his or her designee shall present evidence that the Commissioner is not a registered qualified elector residing in the Single-Member District from which elected; and
(b) A statement that the Commissioner may rebut the evidence, in-person or in writing.
1302.4 The Executive Director or his or her designee shall send copies of the notice to the following:
(a) The Chairperson of the affected commission;
(b) The Council of the District of Columbia; and
(c) The Mayor of the District of Columbia.
1302.5 The Board shall consider the Executive Director’s evidence and any evidence presented in the rebuttal by the Commissioner. If the Board finds that the Commissioner is not a registered qualified elector residing in the Single-Member District from which he or she was elected, the Board shall certify the seat as vacant.
1302.6 Within three (3) days after the certification of the vacancy, the affected Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination.
1303 CERTIFICATION OF VACANCY AND PETITIONS
1303.1 Except when the vacancy occurs due to the Commissioner’s failure to reside in the District from which the Commissioner was elected, the Executive Director or his or her designee shall be authorized to certify the seat as vacant and submit the notice for publication in the D.C. Register. Within five (5) business days after the date that the vacancy notice is published in the D.C. Register, the Executive Director shall make petitions available for obtaining signatures of registered electors within the respective Single-Member District, except that if a vacancy occurs within six (6) months of a general election, nominating petitions shall not be made available and the seat shall remain vacant for the remainder of the term of office. In the event petitions are not obtained by any registered qualified elector within the affected Single-Member District within fourteen (14) working days after petitions have been made available, the Board shall republish the vacancy notice.
1303.2 All rules established in chapter 16 of this title shall apply, except that:
(a) The candidate’s petition, Declaration of Candidacy, affidavits, and supplements, if any, shall be filed with the Board at its office not later than 4:45 p.m. within twenty-one (21) days of the date on which the Executive Director makes the petitions available; and
(b) The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection for five (5) working days beginning on the third (3rd) working day after the filing deadline.
1304 APPOINTMENT OR ELECTION
1304.1 Upon conclusion of the five (5) day nominating petition challenge period, the Executive Director or his or her designee shall certify the list of qualified candidates to fill the vacancy.
1304.2 If there is only one qualified candidate to fill the vacancy, the Executive Director shall certify the office as being filled by notice published in the D.C. Register and the Advisory Neighborhood Commissioners shall appoint the qualified candidate to the vacant Advisory Neighborhood Commissioner position at its next regularly scheduled meeting.
1304.3 If more than one qualified candidate is certified, the Executive Director shall transmit the list of qualified candidates to the affected area Advisory Neighborhood Commission. The Commission shall give notice at a public meeting that at the next regularly scheduled meeting there shall be an open vote of the members of the affected Single-Member District to elect the new commissioner. Upon conclusion of the election, the Commission shall transmit to the Board a resolution signed by the Chairman and Secretary of the Advisory Neighborhood Commission that states the winner of the election and requests that the Board certify the vacancy as filled by notice published in the D.C. Register.
Chapter 14 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 14 CANDIDATE NOMINATIONS: POLITICAL PARTY PRIMARIES FOR PRESIDENTIAL PREFERENCE AND CONVENTION DELEGATES
1400 GENERAL PROVISIONS
1401 RESERVED
1402 PETITION FORM
1403 SIGNATURE REQUIREMENTS
1404 NON-RESIDENT CIRCULATORS
1405 FILING PETITIONS
1406 PETITION CHALLENGES
1407 VALIDITY OF SIGNATURES
1408 WRITE-IN NOMINATION
1400 GENERAL PROVISIONS
1400.1 This chapter governs the process by which candidates for nomination for President of the United States (“candidate for presidential nominee”) of each eligible political party in the District seek ballot access for the presidential preference primary.
1400.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:
(a) The term “eligible party” or “major party” means an authorized political party which is qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08 (h)(2);
(b) The term “qualified petition circulator” means an individual who is:
(i) At least 18 years of age; and
(ii) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
1400.3 The governing body of each eligible political party shall file the following with the Board of Elections, no later than one hundred eighty (180) days prior to the presidential preference primary election:
(a) Notification of that party’s intent to conduct a presidential preference primary; and
(b) A plan for the election detailing the procedures to be followed in the selection of individual delegates and alternates to the convention of that party, including procedures for the selection of committed and uncommitted delegates (“party plan”).
1400.4 The Board shall adhere to party plan procedures to the extent that such plan does not conflict with District law and regulations. If the party plan conflicts with District law and regulations, the General Counsel or his or her designee shall inform the party of the conflict.
1401 RESERVED
1402 PETITION FORM
1402.1 A nominating petition form shall be separately prepared and issued by the Executive Director or his or her designee for each candidate for presidential nominee.
1402.2 The first page of the petition shall contain the following information:
(a) The full name and state of residence of the candidate for presidential nominee, or if the petition is used to nominate an uncommitted delegation pursuant to party plan, the word "uncommitted" shall be placed on the petition in the space provided for the presidential candidate’s name and state of residence;
(b) The name of the political party with which the candidate for presidential nominee, or uncommitted delegation, is affiliated;
(c) The name, address, voter registration number, and office sought by each candidate for convention delegate or alternate, if the party plan provides that convention delegates and alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot; and
(d) A statement that all of the signatories to the petition shall be of the same political party as the nominee.
1402.3 The second page of the of the petition shall include a circulator’s affidavit, providing space for the circulator of a nominating petition to record his or her name, address, and telephone number. By signing the affidavit, the circulator swears under oath or affirms that he or she:
(a) Is a qualified petition circulator;
(b) Personally circulated the petition sheet;
(c) Personally witnessed the signing of each signature on the petition sheet; and
(d) Inquired whether each signer is a registered voter in the District of Columbia and that the signer is a registered voter in the same political party as the candidate seeking nomination.
1402.4 No nominating petition shall be issued to any person other than the candidate whose name appears on the first page of the petition, unless the Board receives written notice from the candidate which authorizes the Board to release petitions in his or her name. The authorization shall include the following:
(a) Candidate’s name;
(b) Office which the candidate seeks and political party; and
(c) Candidate’s signature.
1403 SIGNATURE REQUIREMENTS
1403.1 To obtain ballot access, a candidate’s petition shall contain a total of at least one thousand (1,000) signatures, or one percent (1%), whichever is less, of registered qualified electors of the District who are of the same political party as the candidate(s).
1404 NON-RESIDENT CIRCULATORS
1404.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1404.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
1405 FILING PETITIONS
1405.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.
1405.2 At the time of filing the nomination by petition, the following affidavits, forms, and declarations shall be filed on forms prescribed by the Board:
(a) If the petition nominates a specific presidential candidate, an affidavit executed personally by the presidential candidate (“Affidavit of Presidential Nominee Candidate”) naming the candidates for delegate and alternate and stating their consent to the following:
(i) the appearance of his or her name on the primary ballot; and
(ii) if applicable, the appearance of each named delegate/alternate being listed on the ballot (or separate handout) as committed to his or her candidacy;
(b) If the petition nominates “uncommitted” delegates, one of the following affidavits or forms:
(i) If the party plan does not require the listing of delegates/alternates on the ballot or separate handout, an affidavit filed by the sponsor of the petition effort that he or she is a sponsor of the petition to place “uncommitted” on the ballot; or
(ii) If the party plan requires listing of delegates/alternates on the ballot or separate handout, a “Delegate Slate Registration Form” which provides the names of all candidates for delegate/alternate, and the name, address, telephone number and signature of the individual who is authorized to represent the delegates/alternates in matters before the Board;
(c) A Declaration of Candidacy for each candidate for delegate and alternate, as required by Chapter 6 of this title; and
(d) An affidavit from each candidate for delegate and alternate stating that he or she was properly selected as a delegate/alternate pursuant to party rules (“declaration of proper selection”).
1405.3 The nominating petition and supporting affidavits described in this section, as well as Declarations of Candidacy from each candidate for delegate and alternate (when applicable) as required pursuant to chapter 6 of this title, shall be filed in-person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition-filing deadline”). Any candidate may file petition supplements prior to the petition-filing deadline. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition-filing deadline. All petitions and supplements shall be accompanied by an affidavit executed by the person filing the petition or supplement attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures.
1405.4 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:
(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;
(b) Be on a form issued by the Executive Director or his or her designee in accordance with the rules of this chapter; and
(c) Be accompanied by the affidavits described in this section and the Declarations of Candidacy required by Chapter 6.
1405.5 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.
1405.6 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate for delegate and alternate.
1405.7 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code § 1-1001.08 (o) (2011 Repl.), along with the Executive Director’s preliminary determination.
1405.8 Within three (3) days of issuing a notice of petition insufficiency, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.
1405.9 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.
1405.10 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2011 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2011 Repl.)).
1405.11 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed three (3) business days from the date of decision of the one-member panel.
1406 PETITION CHALLENGES
1406.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petition-filing deadline required by law.
1406.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge is properly filed if it:
(a) Cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;
(b) Is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period; and
(c) Alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access.
1406.3 Within three (3) working days of receipt of a properly filed challenge, the General Counsel or his or her designee shall serve a copy of the challenge upon the candidate in-person, by first-class mail, or by email.
1406.4 After the receipt of a properly filed challenge, the Board’s staff shall search the Board’s permanent registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.
1406.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1406.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:
(a) Objections and specifications of such objections, if any, to the nominating petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1406.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.
1406.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
1406.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.
1407 VALIDITY OF SIGNATURES
1407.1 Once a nominating petition has been challenged pursuant to this chapter, a signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed; provided that an address on a petition which is different than the address which appears on the Board's records shall be deemed valid if the signer's current address is within the boundary from which the candidate seeks nomination and the signer files a change of address form with the Board during the first 10 days following the date on which a challenge to the nominating petition is filed;
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the address of the signer;
(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit;
(i) The signature is not made by the person whose signature it purports to be; provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;
(j) Reserved;
(k) Reserved;
(l) Reserved;
(m) Reserved; or
(n) The signer is not registered to vote in the same party as the candidate at the time the petition is signed;
1408 WRITE-IN NOMINATION
1408.1 Write-in nominations for President and Vice President of the United States shall be permitted, subject to the party’s plan submitted to the Board pursuant to this chapter. Affirmation of write-in candidacy shall proceed in accordance with the provisions of Chapter 6 of this title.
Chapter 15 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 15 CANDIDATE NOMINATIONS: ELECTORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES
1500 GENERAL PROVISIONS
1501 APPROVAL OF POLITICAL PARTY NAMES
1502 PETITION FORM
1503 SIGNATURE REQUIREMENTS
1504 NON-RESIDENT CIRCULATORS
1505 FILING PETITIONS
1506 PETITION CHALLENGES
1507 VALIDITY OF SIGNATURES
1508 WRITE-IN NOMINATION
1500 GENERAL PROVISIONS
1500.1 This chapter governs the process for obtaining ballot access and the process by which candidates seek nomination to the office of elector of President and Vice President of the United States (hereinafter, “presidential electors”).
1500.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:
(a) The term “ballot access” means the process by which the names of candidates for President and Vice President are placed on the general election ballot.
(b) The term “authorized political party” means a political party that was organized prior to and continuously from the passage of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.), or whose name has been approved by the Board pursuant to the rules of this chapter;
(c) The term “qualified petition circulator” means an individual who is:
(i) At least 18 years of age; and
(ii) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
1500.3 To obtain ballot access, presidential electors shall be nominated in either of the following manners:
(a) By message; or
(b) By nominating petition.
1500.4 Each authorized political party which had in the next preceding election year at least seven thousand five hundred (7,500) votes cast in the general election for a candidate of the party to the office of Delegate, Mayor, Chairman of the Council, or member of the Council may obtain ballot access and nominate presidential electors by message pursuant to the provisions of D.C. Official Code § 1-1001.10 (2011 Repl.). Nominations made by message shall be in writing, signed by the chairperson or other duly authorized official of the party’s executive committee in the District of Columbia, and shall contain the following information:
(a) The name of the political party;
(b) The names of the party’s candidates for President and Vice President; and
(c) The names, addresses and registration numbers of the three candidates for presidential electors of that party.
1500.5 Each authorized political party which is ineligible to nominate presidential electors by message shall obtain ballot access by nominating presidential electors by petition pursuant to the rules of this chapter. Candidates without a party affiliation (“independents”) shall also obtain ballot access by nominating presidential electors by petition.
1500.6 At the time of filing either the nomination by message or nomination by petition, the following affidavits and declarations shall be filed on forms prescribed by the Board:
(a) An affidavit from each of the three (3) candidates for presidential electors (“Affidavit of Presidential Elector Candidate”) stating that:
(i) The candidate meets all the legal requirements for office;
(ii) The nomination as a candidate for presidential elector is filed with the nominee’s knowledge and consent; and
(iii) If elected as a presidential elector, the candidate intends to vote in the electoral college for the presidential and vice presidential candidates nominated by the designated political party or whose nomination the accompanying petition was filed in support of.
(b) An affidavit executed personally by the presidential and vice presidential candidates (“Affidavit of Presidential and Vice Presidential Candidate”), stating their consent to the following:
(i) The appearance of their names on the general election ballot; and
(ii) Representation in the electoral college by each of the three (3) named presidential electors, in the event that their presidential electors are elected in the District of Columbia; and
(c) A Declaration of Candidacy for each candidate for presidential elector, executed in accordance with chapter 6 of this title.
1500.7 Nominations by message and supporting affidavits and Declarations of Candidacy shall be filed with the Board not later than 5:00 p.m. on September 1st of each presidential election year, unless the deadline for these documents has been waived for good cause following the executive committee’s written request for such waiver to the Board.
1501 APPROVAL OF POLITICAL PARTY NAMES
1501.1 Application for approval of a political party name shall be made on a form prescribed by the Board.
1501.2 The application for approval of a political party name shall include the name, address, telephone number, and voter registration number of the chairperson, treasurer, other principal officers, and each member of the duly authorized local committee of such party in the District.
1501.3 The Board may reject any name that, in the judgment of the Board, tends to confuse or mislead the public.
1501.4 No nominating petition shall be issued to a person seeking nomination as a candidate affiliated with a political party unless the name of such political party has been previously approved by a majority vote of the Board.
1502 PETITION FORM
1502.1 A nominating petition form shall be separately prepared and issued by the Executive Director or his or her designee for each pair of candidates for President and Vice President.
1502.2 The first page of the petition shall contain the following information:
(a) The names of the candidates for President and Vice President and the candidates’ political party or “independent”;
(b) The names, addresses, and registration number of the three (3) candidates for presidential electors; and
(c) A statement indicating that any registered voter, regardless of party affiliation, may sign the petition; and
(d) A statement that only the names of the candidates for President and Vice President will be listed on the ballot.
1502.3 The second page of the petition shall include a circulator’s affidavit, providing space for the circulator of a nominating petition to record his or her name, address, and telephone number. By signing the affidavit, the circulator swears under oath or affirms that he or she:
(a) Is a qualified petition circulator;
(b) Personally circulated the petition sheet;
(c) Personally witnessed the signing of each signature on the petition sheet; and
(d) Inquired whether each signer is a registered voter in the District of Columbia.
1502.4 No nominating petition shall be issued to any person other than the candidate whose name appears on the first page of the petition, unless the Board receives written notice from the candidate which authorizes the Board to release petitions in his or her name. The authorization shall include the following:
(a) Candidate’s name;
(b) Office which the candidate seeks and political party; and
(c) Candidate’s signature.
1503 SIGNATURE REQUIREMENTS
1503.1 To obtain ballot access, a candidate’s petition shall contain the signatures of duly registered voters, equal in number to at least one percent (1%) of the total number of registered voters in the District of Columbia, as shown by the records of the Board as of the one forty-fourth (144th) day before the date of the presidential election.
1504 NON-RESIDENT CIRCULATORS
1504.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1504.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
1505 FILING PETITIONS
1505.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.
1505.2 The nominating petition and supporting affidavits, as well as the Declarations of Candidacy from each candidate for Presidential Elector as required pursuant to chapter 6 of this title, shall be filed in-person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition-filing deadline”). Any candidate may file petition supplements prior to the petition-filing deadline, provided that the supplements are accompanied by an affidavit executed by the person filing them. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition-filing deadline.
1505.3 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:
(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;
(b) Be accompanied by an affidavit executed by the person filing the petition, attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures; and
(c) Be on a form issued by the Executive Director or his or her designee in accordance with the rules of this chapter;
1505.4 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.
1505.5 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate.
1505.6 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code sec. 1-1001.08 (o) (2011 Repl.), along with the Executive Director’s preliminary determination.
1505.7 Within three (3) days of issuing a notice of an adverse determination, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.
1505.8 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.
1505.9 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2011 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2011 Repl.)).
1505.10 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.
1506 PETITION CHALLENGES
1506.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petition-filing deadline required by law.
1506.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge is properly filed if it:
(a) Cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;
(b) Is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period; and
(c) Alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access.
1506.3 Within three (3) working days of receipt of a properly filed challenge, the General Counsel or his or her designee shall serve a copy of the challenge upon the candidate in-person, by first-class mail, or email.
1506.4 After the receipt of a properly filed challenge, the Board’s staff shall search the Board’s permanent registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.
1506.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1506.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:
(a) Objections and specifications of such objections, if any, to the nominating petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1506.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.
1506.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
1506.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.
1507 VALIDITY OF SIGNATURES
1507.1 Once a nominating petition has been challenged pursuant to this chapter, a signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed; provided that an address on a petition which is different than the address which appears on the Board's records shall be deemed valid if the signer's current address is within the boundary from which the candidate seeks nomination and the signer files a change of address form with the Board during the first 10 days following the date on which a challenge to the nominating petition is filed.
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the address of the signer;
(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit; or
(i) The signature is not made by the person whose signature it purports to be; provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks.
1508 WRITE-IN NOMINATION
1508.1 Write-in nominations for President and Vice President of the United States shall be permitted. Affirmation of write-in candidacy shall proceed in accordance with the provisions of Chapter 6 of this title.
Chapter 16 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 16 CANDIDATE NOMINATION: DELEGATE U.S. HOUSE OF REPRESENTATIVES, MAYOR, CHAIRMANAND MEMBERS OF THE COUNCIL OF DISTRICT OF COLUMBIA, ATTORNEY GENERAL, U.S. SENATOR, U.S. REPRESENTATIVE, MEMBERS OF THE STATE BOARD OF EDUCATION, AND ADVISORY NEIGHBORHOOD COMMISSIONER
1600 GENERAL PROVISIONS
1601 APPROVAL OF POLITICAL PARTY NAMES
1602 PETITION FORM
1603 SIGNATURE REQUIREMENTS
1604 NON-RESIDENT CIRCULATORS
1605 FILING PETITIONS
1606 PETITION CHALLENGES
1607 VALIDITY OF SIGNATURES
1608 WRITE-IN NOMINATION
1600 GENERAL PROVISIONS
1600.1 This chapter governs the process by which candidates seek nomination to the offices of Delegate to the U.S. House of Representatives, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, U.S Representative, Members of the State Board of Education, and Advisory Neighborhood Commissioner.
1600.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:
(a) The term “authorized political party” means a political party that was organized prior to and continuously from the passage of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.), or whose name has been approved by the Board pursuant to the rules of this chapter;
(b) The term “major party” means an authorized political party which is qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08 (h)(2);
(c) The term “minor party” means an authorized political party which is not qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08 (h)(2);
(d) The term “District partisan office” means the offices of Delegate to the U.S. House of Representatives, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, and U.S Representative;
(e) The term “direct nomination” (“nominated directly”) means seeking nomination during an election other than a primary pursuant to D.C. Official Code § 1-1001.08 (j)(1);
(f) The term “qualified petition circulator” means an individual who is:
(i) At least 18 years of age; and
(ii) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
(g) The term “independent” refers to an individual who is not affiliated with any authorized political party.
1600.3 Each candidate for District partisan office shall seek nomination as a candidate who is either:
(a) Registered with a major party;
(b) Registered with a minor party; or
(c) Registered as an independent.
1600.4 Any person who seeks nomination as a candidate for District partisan office and who is registered with a major party shall be required to seek nomination during such political party’s primary election. No person who is registered with a major party shall be nominated directly as a candidate for District partisan office in any general election.
1600.5 No person shall be nominated directly for District partisan office in a general election if such person’s name was printed upon a ballot of any immediately preceding primary election for that office.
1600.6 Each candidate seeking nomination of any authorized political party shall be registered with such party.
1600.7 No person who is registered with any authorized political party shall be permitted to seek direct nomination as an independent candidate.
1601 APPROVAL OF POLITICAL PARTY NAMES
1601.1 Application for approval of a political party name shall be made on a form prescribed by the Board.
1601.2 The application for approval of a political party name shall include the name, address, telephone number, and voter registration number of the chairperson, treasurer, other principal officers, and each member of the duly authorized local committee of such party in the District.
1601.3 The Board may reject any name that, in the judgment of the Board, tends to confuse or mislead the public.
1601.4 No nominating petition shall be issued to a person seeking nomination as a candidate affiliated with a political party unless the name of such political party has been previously approved by a majority vote of the Board.
1602 PETITION FORM
1602.1 A nominating petition form shall be separately prepared and issued by the Executive Director or his or her designee for each candidate seeking nomination to the office of Delegate, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, U.S. Representative, Member of the State Board of Education, and Advisory Neighborhood Commissioner.
1602.2 The first page of the petition shall contain the following information:
(a) The name and address of the candidate, registration number, and office to which the candidate seeks nomination;
(b) In the case of a District partisan office, either the candidate’s political party, or “independent”;
(c) If the candidate is running from a ward or single-member district, a statement that all signatories shall be registered and be residents of the ward or single-member district from which the candidate seeks nomination;
(d) If the candidate is seeking nomination of a major party, a statement indicating that signers of the petition shall be of the same political party as the candidate; and
(e) If the candidate is seeking direct access nomination, a statement indicating that any registered voter, regardless of party affiliation, may sign the petition.
1602.3 The second page of the nominating petition form shall include a circulator’s affidavit, providing space for the circulator of a nominating petition to record his or her name and address. By signing the affidavit, the circulator swears under oath or affirms that he or she:
(a) Is a qualified petition circulator;
(b) Personally circulated the petition sheet;
(c) Personally witnessed the signing of each signature on the petition sheet; and
(d) Inquired whether each signer is a registered voter in the District of Columbia, and where applicable, that the signer is a registered voter in the same political party and/or ward or single-member district as the candidate seeking nomination.
1602.4 No nominating petition shall be issued to any person other than the candidate unless the Board receives written notice from the candidate which authorizes the Board to release petitions in his or her name. The authorization shall include the following:
(a) Candidate’s name;
(b) Office which the candidate seeks and political party, if the office sought is partisan; and
(c) Candidate’s signature.
1603 SIGNATURE REQUIREMENTS
1603.1 To obtain ballot access for a primary election, a candidate’s petition for the office of Delegate, Mayor, Attorney General, Chairman of the Council, At-Large Member of the Council, U.S. Senator or U.S. Representative shall contain the signatures of at least two thousand (2,000) persons who are duly registered in the same political party as the candidate, or of one percent (1%) of the duly registered voters of such political party, whichever is less, as shown by the records of the Board as of the one hundred forty-fourth (144th) day before the date of the Primary Election.
1603.2 To obtain ballot access for a Primary Election, a candidate’s petition for the office of Member of the Council elected from a ward, shall contain the signatures of at least two hundred fifty (250) persons who are duly registered in the same political party and ward as the candidate or one percent (1%) of the duly registered voters, whichever is less, as shown on records of the Board as of the one hundred forty-fourth (144th) day before the date of the Primary Election.
1603.3 To obtain ballot access for a general or special election (Direct Access Nomination), a candidate’s petition for the office of Delegate, Mayor, Attorney General, Chairman of the Council, At-Large Member of the Council, U.S. Senator, or U.S. Representative shall contain the signatures of at least three thousand (3,000) duly registered voters in the District or of at least one and one-half per cent (1.5%) of the total number of registered voters in the District, whichever is less, as shown on the Board’s records as of the one hundred forty-fourth (144th) day before the date of the General Election.
1603.4 To obtain ballot access for a general or special election (Direct Access Nomination), a candidate’s petition for the office of Member of the Council from a ward shall contain the signatures of at least five hundred (500) persons who are duly registered in the ward from which the candidate seeks election.
1603.5 To obtain ballot access, a candidate’s petition for the office of Member of the State Board of Education elected at-large shall contain the signatures of at least one thousand (1,000) duly registered voters.
1603.6 To obtain ballot access, a candidate’s petition for the office of Member of the State Board of Education elected from a ward shall contain the signatures of at least two hundred (200) persons duly registered in the ward from which the candidate seeks election.
1603.7 To obtain ballot access, a candidate’s petition for the office of Advisory Neighborhood Commissioner shall contain the signatures of at least twenty-five (25) persons duly registered in the single member district from which the candidate seeks election.
1604 NON-RESIDENT CIRCULATORS
1604.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1604.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
1605 FILING PETITIONS
1605.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.
1605.2 The nominating petition and supporting affidavits, as well as the candidate’s Declaration of Candidacy as required pursuant to Chapter 6 of this title, shall be filed in-person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition filing deadline”). Any candidate may file petition supplements prior to the petition-filing deadline, provided that the supplements are accompanied by an affidavit executed by the person filing them. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition-filing deadline.
1605.3 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:
(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;
(b) Be accompanied by an affidavit executed by the person filing the petition, attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures; and
(c) Be on a form issued by the Executive Director or his or her designee in accordance with the rules of this chapter;
1605.4 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.
1605.5 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate.
1605.6 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code § 1-1001.08 (o) (2011 Repl.), along with the Executive Director’s preliminary determination.
1605.7 Within three (3) days of issuing a notice of an adverse determination, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.
1605.8 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.
1605.9 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2011 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2011 Repl.)).
1605.10 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.
1606 PETITION CHALLENGES
1606.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petition-filing deadline required by law.
1606.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge is properly filed if it:
(a) Cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;
(b) Is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period; and
(c) Alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access.
1606.3 Within three (3) working days of receipt of a properly filed challenge, the General Counsel or his or her designee shall serve a copy of the challenge upon the candidate in-person, by first-class mail, or email.
1606.4 After the receipt of a properly filed challenge, the Board’s staff shall search the Board’s registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.
1606.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1606.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:
(a) Objections and specifications of such objections, if any, to the nominating petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1606.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.
1606.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
1606.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.
1607 VALIDITY OF SIGNATURES
1607.1 Once a nominating petition has been challenged pursuant to this chapter, a signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed; provided that an address on a petition which is different than the address which appears on the Board's records shall be deemed valid if the signer's current address is within boundary from which the candidate seeks nomination, and the signer files a change of address form with the Board during the first 10 days following the date on which a challenge to the nominating petition is filed.
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the address of the signer;
(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit;
(i) The signature is not made by the person whose signature it purports to be, provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;
(j) Reserved;
(k) Reserved;
(l) Reserved;
(m) The signer is not a registered voter in the ward or Single-Member District from which the candidate seeks nomination at the time the petition was signed; or
(n) On a petition to nominate a candidate in a primary election, the signer is not registered to vote in the same party as the candidate at the time the petition is signed.
1608 WRITE-IN NOMINATION
1608.1 Write-in nominations for any of the offices described in this chapter shall be permitted for any election. Affirmation of the write-in nominee’s candidacy shall proceed in accordance with the provisions of Chapter 6 of this title.
Chapter 17 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 17 CANDIDATES: MEMBERS AND OFFICIALS OF LOCAL COMMITTEES OF POLITICAL PARTIES AND NATIONAL COMMITTEE PERSONS
1700 GENERAL PROVISIONS
1701 SLATES: FORMATION, AMENDMENT AND WITHDRAWAL
1702 PETITION FORM
1703 SIGNATURE REQUIREMENTS
1704 NON-RESIDENT CIRCULATORS
1705 FILING PETITIONS
1706 PETITION CHALLENGES
1707 VALIDITY OF SIGNATURES
1708 WRITE-IN NOMINATION
1700 GENERAL PROVISIONS
1700.1 This chapter governs:
(a) The process by which the local committee of each major party may request that elections for its members and officials be held; and
(b) The process by which candidates for nomination for members and officials of local party committees, and for national party committeemen and committeewomen, seek ballot access during a regularly scheduled primary and the process by which candidates for party office seek nomination.
1700.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:
(a) The term “major party” means an authorized political party which is qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08 (h)(2);
(b) The term “qualified petition circulator” means an individual who is:
(1) At least 18 years of age; and
(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
(c) The term “slate” means a list of candidates that have qualified for ballot access and indicated the intent to be recognized as a group on the ballot by filing a Slate Registration Form on a form provided by the Board. Slates may be comprised of:
(1) Two (2) or more individual candidates who have qualified for ballot access by filing separate nominating petitions;
(2) A group of candidates who have qualified for ballot access by filing a single nominating petition; or
(3) A combination of individual candidates or groups of candidates who have qualified for ballot access by filing separate nominating petitions.
1700.3 The chairperson of each local party committee shall indicate the party’s intention to elect officials or committee members by a letter signed by the chairperson and filed with the Board no later than one hundred eighty (180) days before the date of a primary election (“party plan”), pursuant to D.C. Official Code § 1-1001.08 (l)(l) (2011 Repl.). The letter shall specify the number and titles of its officers or committee members to be elected at-large and by ward.
1701 SLATES: FORMATION, AMENDMENT, AND WITHDRAWAL
1701.1 In order to achieve ballot access as a slate, the prospective members of the slate must file in-person at the Board’s office a "Statement of Slate Registration," on a form provided by the Board, no later than 4:45 p.m. on the third (3rd) day after the deadline for filing petitions.
1701.2 The Statement of Slate Registration shall contain the following:
(a) The name, address, telephone number and signature of the individual who is authorized to represent the slated candidates in matters before the Board (“authorized slate representative”);
(b) A complete listing of the candidates who are members of the slate and the office to which each seeks election;
(c) A statement that each candidate gives his or her permission to be identified as a member of the slate;
(d) The slate name, which shall be sufficiently concise to permit the Board to print the name on the ballot on the same line with each candidate’s name; and
(e) The signatures and printed name of each of the candidates who are members of the slate; provided, that where candidates have qualified as a group, using a single nominating petition, all candidates listed on the petition must be signatories.
1701.3 Additions to slate composition or changes of slate names may be filed with the Board by the authorized slate representative as amendments to the original Statement of Slate Registration.
1701.4 Amendments to the original Statement of Slate Registration shall be filed in-person at the Board’s office by the authorized slate representative and shall be on a form provided by the Board which shall contain the following:
(a) The requested amendment(s);
(b) The signature of the authorized slate representative; and
(c) The signature(s) of any additional slate candidate(s), if applicable.
1701.5 Any candidate or a group of candidates that qualified for the ballot by filing a single nominating petition, may withdraw from a registered slate by filing in-person at the Board’s office a Statement of Slate Withdrawal.
1701.6 The Statement of Slate Withdrawal shall contain the following:
(a) A statement that the individual candidate or group of candidates irrevocably withdraws from the slate;
(b) The signatures of each withdrawing candidate; and
(c) The signatures of all candidates listed on the petition; provided, that the candidate(s) seeking withdrawal qualified by using a single nominating petition.
1701.7 Slated candidates shall not be disqualified from the ballot for any of the following reasons:
(a) Where a candidate has withdrawn from a slate;
(b) Where a candidate has withdrawn from the ballot; or
(c) Where any candidate or a group of candidates, have been determined, by the Executive Director or his or her designee, to be ineligible to qualify as part of a slate.
1701.8 Amendments and Statements of Slate Withdrawals shall be filed in-person at the Board’s office no later than 4:45 p.m. on the third (3rd) day after the deadline for filing nominating petitions.
1702 PETITION FORM
1702.1 A nominating petition form shall be separately prepared and issued by the Executive Director or his or her designee for each candidate seeking nomination, or group of candidates seeking nomination as a slate, for office.
1702.2 Nominations for the offices of members and officials of local party committees elected at-large may be on one nominating petition.
1702.3 Nominations for the offices of members and officials of local party committees, to be elected in a single ward, may be on one nominating petition; Provided, that all the candidates stand for office only in the same ward.
1702.4 Nominations for the offices of national committeeman, national committeewoman, and the alternates may be on one nominating petition; provided, that no individual is nominated for two (2) or more offices that could not be occupied simultaneously by the same person.
1702.5 The first page of the petition shall contain the following information:
(a) The name, address, and political party of the candidate(s), the ward (where applicable), and the office(s) to which the candidate(s) seek election;
(b) A statement that all of the signatories to this petition must be of the same political party as the candidate(s); and
(c) If the candidate is running from a ward, a statement that all of the signatories to the petition must be registered in and residents of the ward from which the candidate seeks election.
1702.6 The second page of the petition shall include a circulator’s affidavit, providing space for the circulator of a nominating petition to record his or her name, address, and telephone number. By signing the affidavit, the circulator swears under oath or affirms that he or she:
(a) Is a qualified petition circulator;
(b) Personally circulated the petition sheet;
(c) Personally witnessed the signing of each signature on the petition sheet; and
(d) Inquired whether each signer is a registered voter in the same political party and ward, where applicable, as the candidate seeking nomination.
1702.7 No nominating petition shall be issued to any person other than the candidate, or the authorized slate representative, unless the Board receives written notice from the candidate or slate representative which authorizes the Board to release petitions in his or her name. The authorization shall include the following:
(a) Candidate’s name;
(b) Office which the candidate seeks; and
(c) Candidate or slate representative’s signature.
1702.8 No nominating petition shall be issued unless all "blank" spaces in the candidate(s) name section of each petition sheet are stricken such that no additional names may be appended to the petition page after it has been issued.
1703 SIGNATURE REQUIREMENTS
1703.1 To obtain ballot access, a candidate’s petition for the office of national committee person shall contain a total of at least one percent (1%) or five hundred (500) signatures of persons who are duly registered in the same political party as the candidate, whichever is less.
1703.2 To obtain ballot access, a candidate’s petition for the office of member or officer of a local party committee elected at-large shall contain a total of at least one percent (1%) or five hundred (500) signatures of persons who are duly registered in the same political party as the candidate, whichever is less.
1703.3 To obtain ballot access, a candidate’s petition for the office of member or officer of a local party committee elected from a ward shall contain a total of at least one percent (1%) or one hundred (100) signatures of persons who are duly registered in the same ward and political party as the candidate, whichever is less.
1704 NON-RESIDENT CIRCULATORS
1704.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1704.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
1705 FILING PETITIONS
1705.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.
1705.2 The nominating petition and supporting affidavits, as well as each candidate’s
Declaration of Candidacy as required pursuant to Chapter 6 of this title, shall be filed in-person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition-filing deadline”). Any candidate may file petition supplements prior to the petition-filing deadline, provided that the supplements are accompanied by an affidavit executed by the person filing them. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition-filing deadline.
1705.3 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:
(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;
(b) Be accompanied by an affidavit executed by the person filing the petition, attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures; and
(c) Be on a form issued by the Executive Director or his or her designee in accordance with the rules of this chapter.
1705.4 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.
1705.5 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate.
1705.6 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code § 1-1001.08 (o) (2011 Repl.), along with the Executive Director’s preliminary determination.
1705.7 Within three (3) days of issuing a notice of an adverse determination, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.
1705.8 The Board shall hold a hearing on the appeal within three (3) days after receipt of
the appeal notice.
1705.9 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2011 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2011 Repl.)).
1705.10 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.
1706 PETITION CHALLENGES
1706.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge for ten (10) days, including Saturdays, Sundays, and holidays beginning on the third (3rd) calendar day after the petition-filing deadline required by law.
1706.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in Chapter 4 of this title. A challenge is properly filed if it:
(a) Cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;
(b) Is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period; and
(c) Alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access.
1706.3 Within three (3) working days of receipt of a properly filed challenge, the General Counsel or his or her designee shall serve a copy of the challenge upon the candidate in-person, by first-class mail, or email.
1706.4 After the receipt of a properly filed challenge, the Board’s staff shall search the Board’s permanent registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.
1706.5 The Board shall receive evidence in support of and in opposition to the challenge
and shall rule on the validity of the challenge no more than twenty (20) days
after the challenge has been filed. The Board shall consider any other evidence as
may be submitted, including but not limited to, documentary evidence, affidavits,
and oral testimony.
1706.6 The Board, in view of the fact that it shall hear and determine the validity of the
challenge within a limited time, may limit examination and cross-examination of
witnesses to the following:
(a) Objections and specifications of such objections, if any, to the nominating petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1706.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.
1706.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
1706.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.
1707 VALIDITY OF SIGNATURES
1707.1 Once a nominating petition has been challenged pursuant to this chapter, a signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed; provided that an address on a petition which is different than the address which appears on the Board's records shall be deemed valid if the signer's current address is within the boundary from which the candidate seeks nomination, and the signer files a change of address form with the Board during the first 10 days following the date on which a challenge to the nominating petition is filed.
(c) The signature is a duplicate of a valid signature;
(d) The signature is not dated;
(e) The petition does not include the address of the signer;
(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;
(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;
(h) The circulator of the petition failed to complete all required information in the circulator’s affidavit;
(i) The signature is not made by the person whose signature it purports to be; provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;
(j) Reserved;
(k) Reserved;
(l) Reserved;
(m) The signer is not a registered voter in the ward from which the candidate seeks nomination at the time the petition was signed; or
(n) The signer is not registered to vote in the same party as the candidate at the time the petition is signed.
1708 WRITE-IN NOMINATION
1708.1 Write-in nominations are permitted, subject to the party’s plan submitted to the Board pursuant to this chapter. If permitted, affirmation of the write-in nominee’s candidacy shall proceed in accordance with the provisions of chapter 6 of this title.
Chapter 20 of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
CHAPTER 20 FREEDOM OF INFORMATION
2000 PURPOSE AND APPLICATION
2001 BOARD RESPONSIBILITY
2002 REQUESTS FOR RECORDS
2003 RESERVED
2004 RESERVED
2005 TIME LIMITATIONS
2006 EXEMPTIONS
2007 RESPONSES TO REQUESTS
2008 FEES
2009 RESERVED
2010 RESERVED
2011 RESERVED
2012 REVIEW OF DENIALS
2013 RECORDS MAINTAINED BY THE BOARD
2014 RESERVED
2015 RESERVED
2016 RESERVED
2017 RESERVED
2000 PURPOSE AND APPLICATION
2000.1 This Chapter contains the rules and procedures to be followed by the District of Columbia Board of Elections (hereinafter "the Board") in implementing the Freedom of Information Act, (D.C. Law 1-96, 23 DCR 3744 (1977))(“the Act”).
2000.2 Employees may continue to furnish to the public, informally and without compliance with these procedures, information and records which they customarily furnish in the regular performance of their duties prior to enactment of the Act.
2000.3 The policy of the Board is one of full and responsible disclosure of its identifiable records consistent with the provisions of the Act. All records not exempt from disclosure shall be made available. Moreover, records exempt from mandatory disclosure shall be made available as a matter of discretion when disclosure is not prohibited by law or is not against the public interest.
2001 BOARD RESPONSIBILITY
2001.1 The General Counsel is the information officer of the Board and has the authority to grant and deny requests for Board records.
2002 REQUESTS FOR RECORDS
2002.1 A request for a record of the Board must be made in writing and shall be directed to the General Counsel.
2002.2 A written request may be mailed, faxed or e-mailed to the General Counsel. The outside of the envelope or the subject line of the fax or e-mail shall state: "Freedom of Information Act Request" or "FOIA Request". In addition, a request shall include a daytime telephone number, e-mail address, or mailing address for the requester.
2002.3 A request shall reasonably describe the desired record. Where possible, specific information requesting dates, files, titles, file designation or other specific information, shall be supplied.
2002.4 Where the information supplied by the requester is not sufficient to permit the identification and location of the record by the Board without an unreasonable amount of effort, the requester shall be contacted and asked to supply the necessary information. Every reasonable effort shall be made by the Board to assist in the identification and location of requested records.
2003 RESERVED
2004 RESERVED
2005 TIME LIMITATIONS
2005.1 Within the time prescribed in the Act, the Board shall determine whether to comply with or to deny the request and shall dispatch its determination to the requester, unless an extension is made pursuant to §§ 2005.2 and 2005.3.
2005.2 In unusual circumstances as specified in § 2005.3, the Board may extend the time for initial determination on a request up to the time prescribed in the Act.
2005.3 Extensions shall be made by written notice to the requester which sets forth the reason for the extension and the date on which a determination is expected. As used in this section "unusual circumstances" means, but only to the extent necessary to the proper processing of the request, either of the following:
(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or
(b) The need for consultation with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.
2005.4 If no determination has been dispatched at the end of the applicable time limit, or the extension thereof, the requester may deem his request denied, and exercise a right to appeal in accordance with § 2012.1.
2005.5 When no determination can be dispatched within the applicable time limit, the Board shall nevertheless continue to process the request. On expiration of the time limit the Board shall inform the requester of the reason for the delay, of the date on which a determination may be expected, and of his right to treat the delay as a denial and of the appeal rights provided by the Act. The Board may ask the requester to forego appeal until a determination is made.
2005.6 For purposes of this chapter, a request is deemed received when the General Counsel receives the request submitted in compliance with the Act and this chapter. When the General Counsel, pursuant to § 2002.5, contacts the requester for additional information, then the request is deemed received when the General Counsel receives the additional information.
2006 EXEMPTIONS
2006.1 No requested record shall be withheld from inspections or copying unless both of the following criteria apply:
(a) It comes within one of the classes of records exempted pursuant to D.C. Official Code § 2-534 of the Act; and
(b) There is need in the public interest to withhold it.
2006.2 Any reasonably segregable portion of a record shall be provided to any person requesting the record after deletion of those portions which are exempt under this section.
2007 RESPONSE TO REQUESTS
2007.1 When a requested record has been identified and is available, the Board shall notify the requester as to where and when the record is available for inspection or copies will be available. The notification shall also advise the requester of any applicable fees.
2007.2 A response denying a written request for a record shall be in writing and shall include the following information:
(a) The identity of each person responsible for the denial, if different from that of the person signing the letter of denial;
(b) A reference to the specific exemption or exemptions authorizing the withholding of the record with a brief explanation of how each exemption applies to the record withheld. Where more than one record has been requested and is being withheld, the foregoing information shall be provided for each record withheld; and
(c) A statement of the appeal rights provided by the Act.
2007.3 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requester shall be so notified.
2008 FEES
2008.1 Charges for services rendered in response to information requests shall be as follows (not to exceed a maximum search fee per request as may be imposed by applicable law):
(a) Searching for records, $4.00 per quarter hour, after 1st hour, by clerical personnel (DS 1 through 8);
(a-1) Searching for records, $7.00 per quarter hour after the 1st hour, by professional personnel (DS 9 through 13);
(b) Searching for records, $10.00 per quarter hour after the1st hour, by supervisory personnel (DS 14 and above);
(c) Copies made by photocopy machines... $ .25 per page;
(d) Charges for the initial review of documents, as permitted by applicable law, shall be assessed at the rate provided in subsections (a), (a-1), and (b) above.
2008.2 When a response to a request requires services or materials for which no fee has been established, the direct cost of the services or materials to the government may be charged, but only if the requester has been notified of the cost before it is incurred.
2008.3 Where an extensive number of documents are identified and collected in response to a request and the requester has not indicated in advance his willingness to pay fees as high as are anticipated for copies of the documents, the Board shall inform the requester that the documents are available for inspection and for subsequent copying at the established rate.
2008.4 A charge of one dollar ($1.00) shall be made for each certification of true copies of Board records.
2008.5 Search costs, not to exceed any dollar limitation prescribed by the Act for each request, may be imposed even if the requested record cannot be located. No fees shall be charged for examination and review by the Board to determine whether a record is subject to disclosure.
2008.6 To the extent permitted by applicable law, the Board shall require that fees as prescribed by these rules shall be paid in full prior to issuance of requested copies.
2008.7 Remittance shall be in the form either of a personal check or bank draft on a bank in the United States, a postal money order, or cash. Remittance shall be made payable to the order of the D.C. Treasurer and mailed or otherwise delivered to the General Counsel for the Board. The Board shall not assume responsibility for cash which is lost in the mail.
2008.8 A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.
2008.9 The Board may waive all or part of any fee when it is deemed to be either in the Board’s interest or in the interest of the public.
2008.10 A requester seeking a waiver or reduction of fees shall provide a statement in his or her request letter explaining how the requested records will be used to benefit the general public.
2009 RESERVED
2010 RESERVED
2011 RESERVED
2012 REVIEW OF DENIALS
2012.1 When a request for records has been denied in whole or in part by the General Counsel, the requester may appeal the denial to the Mayor or may seek immediate judicial review of the denial in the Superior Court.
2012.2 Unless the Mayor otherwise directs, the Secretary shall act on behalf of the Mayor on all appeals under this section.
2012.3 An appeal to the Mayor shall be in writing. The appeal letter shall include “Freedom of Information Act Appeal” or “FOIA Appeal” in the subject line of the letter as well as marked on the outside of the envelope. The appeal shall be mailed to:
Mayor's Correspondence Unit
FOIA Appeal
1350 Pennsylvania Ave, NW
Suite 316
Washington, D.C. 20004
The requester shall forward a copy of the appeal to the General Counsel.
2012.4 An appeal to the Mayor shall include:
(a) Statement of the circumstances, reasons or arguments advanced in support of disclosure;
(b) Copy of the original request, if any;
(c) Copy of any written denial issued under § 2007.2; and
(d) Daytime telephone number, email address or mailing address for the requester.
2012.5 Within five (5) days (excluding Saturdays, Sundays, or legal public holidays) of receipt of its copy of the FOIA appeal, the General Counsel shall file a response with the Secretary. The response shall include the following documents:
(a) The justification for the decision not to grant review of records as requested, to the extent not provided in the letter of denial to the requester;
(b) Any additional documentation as may be necessary and appropriate to justify the denial, such as a Vaughn index of documents withheld, an affidavit or declaration of a knowledgeable official or employee testifying to the decision to withhold documents, or such other similar proof as the circumstances may warrant; and
(c) A copy of the public record or records in dispute on the appeal; provided, that if the public record or records are voluminous, the Board may provide a representative sample; and provided further, that if the public record contains personal, sensitive, or confidential information, the Board may redact such information from the copy furnished the Secretary in a manner that makes clear that the Board has made redactions.
2012.6 The Board may request additional time to file documentation required by § 2012.5 by filing a written or e-mailed request to the Secretary with a copy to the requester. The request for additional time must be filed within five (5) days (excluding Saturdays, Sundays, and legal public holidays) of receipt of the appeal. The Secretary will respond to the request for additional time with a copy to the requester.
2012.7 A written determination with respect to an appeal shall be made within ten (10) working days of the filing of the appeal.
2012.8 If the records, or any segregable part of thereof, are found to have been improperly withheld, the Mayor may order the Board to make them available. If the Board continues to withhold the records, the requester may seek enforcement of the order in the Superior Court.
2012.9 A denial in whole or in part of a request on appeal shall set forth the exemption relied upon, a brief explanation consistent with the purpose of the exemption of how the exemption applies to the records withheld, and the reasons for asserting it. The denial shall also inform the requester of the right of judicial review.
2012.10 If no determination has been dispatched at the end of the ten-day period, the requester may deem his request denied, and exercise his right to judicial review of the denial.
2013 RECORDS MAINTAINED BY THE BOARD
2013.1 The Board shall make and maintain records pertaining to each request for information, including copies or correspondence. The material shall be filed by individual request.
2013.2 The Board shall maintain a file, open to the public, which shall contain copies of all letters of denial.
2013.3 Where the release of the identity of the requester or other identifying details related to the request would constitute a clearly unwarranted invasion of personal privacy, the Board shall delete identifying details from the copies of the documents maintained in the public files.
2013.4 The Board shall also maintain records permitting annual reporting of the following information:
(a) Total number of requests made to the Board;
(b) The number of requests granted and denied, in whole or in part;
(c) The number of times each exemption was invoked as the basis for non- disclosure;
(d) The names and titles or positions of each person responsible for the denial of records and the number of instances each person was involved in a denial; and
(e) The amount of fees collected, and the amount of fees for duplication and search waived by the Board.
2013.5 On or before the 31st day of December of each calendar year, the Board shall compile and submit to the Secretary its report covering the fiscal year concluded the preceding September 30th pursuant to the provisions of this section and on other matters relating to agency compliance with the terms of the Act.
2013.6 With respect to appeals taken pursuant to § 2012, the Secretary shall maintain records reflecting the number of appeals taken, the results of the appeals, and the number of times each exemption was invoked as a basis for non-disclosure.
2014 RESERVED
2015 RESERVED
2016 RESERVED
2017 RESERVED
