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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
NOTICE OF FINAL RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Official Code § 1-1001.05 (a)(14), hereby gives notice of final rulemaking action to adopt the following amendments to 3 DCMR Chapter 5, “Voter Registration.” The Board took final rulemaking action with respect to these amendments at a regular meeting on Wednesday, November 10, 2010.
These amendments clarify both the effective dates of registration for each method of registration and the procedures for the following: (1) handling incomplete voter registration applications; (2) registration at the Board’s office and voter registration agencies; (3) processing changes to party affiliation status; and (4) delivering notification of acceptance or rejection of registration.
A Notice of Emergency and Proposed Rulemaking with respect to these amendments was published in the D.C. Register on August 20, 2010, at 57 DCR 7690. The Notice of Emergency and Proposed Rulemaking included amendments to Section 513, “Voter Registration Application Processing: At the Polls and Early Voting Centers.” Due to further consideration by the Board, the proposed amendments to Section 513 have not been included as finalized in this rulemaking action.
No comments on the proposed rules were received during the public comment period. Clarifying changes were made to the regulations which do not substantially alter or change the intent, meaning, or application of the proposed rules or exceed the scope of the rules as published with the Notice of the Emergency and Proposed Rulemaking. These final rules will be effective upon publication of this notice in the D.C. Register.
Section 500, “General Requirements and Qualifications,” of Chapter 5 of 3 DCMR shall be amended to read as follows:
500 GENERAL REQUIREMENTS AND QUALIFICATIONS
500.1 No person shall be registered to vote in the District of Columbia unless the following occurs:
(a) He or she meets the qualifications as a qualified elector as defined by D.C. Official Code § 1-1001.02(2) (2006 Repl.); and
(b) He or she executes a voter registration application by signature or mark (unless prevented by disability) 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 For purposes of this title, a "qualified elector" is a person who:
(a) Is at least seventeen (17) years of age and will be eighteen (18) on or before the next general 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 residence address, which address is the applicant’s 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.
If an applicant for voter registration fails to provide the information required for registration, the Registrar of Voters (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, and the Registrar shall choose the most efficient method of communication based upon the contact information provided by the applicant.
500.4 A person who is otherwise a qualified elector may register on or after his or her sixteenth (16th) birthday, but he or she may not vote in any election until he or she is a qualified elector as provided in § 500.2.
500.5 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. Unless otherwise specified in this chapter, the date of receipt shall also be the effective date of registration or change of name, address, or party affiliation status.
500.6 An applicant designating a mailing address on a voter registration application for official communications shall submit a signed statement specifying that the registration address indicated on a voter registration application constitutes the voter’s fixed residence in the District.
500.7 The information provided to the Board by the voter, such as that voter’s fixed residence, shall be sufficiently precise to enable the Board to assign to the voter, the appropriate Ward, Precinct, and Advisory Neighborhood Commission Single-Member District.
500.8 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 the administrative communication required by law.
500.9 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) (2006 Repl.).
500.10 An elector may vote in the primary election of a political party if he or she:
(a) Is a duly registered voter whose voter registration application indicates an affiliation with the party holding the primary election; and
(b) Has not changed his or her party affiliation status during the thirty (30) days preceding a primary election. A change in party affiliation status occurs when a voter:
(1) Changes his or her party registration from one political party to another;
(2) Changes his or her party registration from “No Party (Independent)” to a political party;
(3) Changes his or her party registration from a political party to “No Party (Independent).”
500.11 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 501, “Qualified Federal Electors,” of Chapter 5 of 3 DCMR shall be amended to read as follows:
501 QUALIFIED FEDERAL ELECTORS
501.1 A person who is absent from the District shall qualify as a federal elector, to vote in federal elections conducted in the District of Columbia, under the provisions of the Voting Rights Act of 1965, as set forth in § 501.2.
501.2 For purposes of this title, a "qualified federal elector" is a citizen of the United States residing outside of the District of Columbia who meets the following requirements:
(a) Resided or was domiciled in the District of Columbia who has moved into another state or territory and does not meet the voter registration residency requirements of that state or territory;
(b) Is at least seventeen (17) years of age and will be eighteen (18) years of age on or before the next general election;
(c) Has not been adjudged legally incompetent to vote; and
(d) Is not incarcerated for conviction of a felony in the District.
Section 502, “Qualified Overseas Electors,” of Chapter 5 of 3 DCMR shall be repealed and replaced with:
502 QUALIFIED UNIFORMED AND OVERSEAS ELECTORS
502.1 A person who is outside of the United States shall qualify as a uniformed or overseas elector under the provisions of the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”), to vote in federal elections conducted in the District of Columbia, as set forth in § 502.2.
502.2 For the purposes of this title, a "qualified uniformed or overseas elector" is either an “absent uniformed services voter” or an “overseas voter,” as defined in UOCAVA, because he or she is:
(a) A member of a uniformed service on active duty who, by reason of such active duty, is absent from the District of Columbia where the member is otherwise a qualified elector;
(b) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the District of Columbia where the member is otherwise a qualified elector;
(c) A spouse or dependent of a member of a uniformed service or merchant marine who, by reason of the active duty or service of the member, is absent from the District of Columbia where the spouse or dependent is otherwise a qualified elector;
(d) A person who resides outside the United States and is a qualified elector of the District of Columbia; or
(e) A person who resides outside the United States and, but for such residence, would be a qualified elector the District of Columbia.
Section 503, “General Office Hours,” of Chapter 5 of DCMR 3 shall be repealed.
Section 505, “Voter Registration Application Distribution Agencies,” of Chapter 5 of 3 DCMR shall be amended to read as follows:
505 VOTER REGISTRATION APPLICATION DISTRIBUTION AGENCIES
505.1 A qualified elector may obtain a Voter Registration Application from a voter registration application distribution agency, including the District of Columbia Public Library, the D.C. Fire and Emergency Medical Services Department, the Metropolitan Police Department, and any other executive agency the Mayor shall designate in writing.
505.2 The Board shall provide sufficient quantities of Voter Registration Applications for distribution to the public.
505.3 Nothing in this subsection shall be deemed to require or permit employees of a voter registration application distribution agency to accept completed voter registration applications for delivery to the Board or to provide assistance in completing any voter registration applications.
Section 509, “Voter Registration Processing: By Mail,” of Chapter 5 of 3 DCMR shall be repealed and replaced with:
509 VOTER REGISTRATION APPLICATION PROCESSING: BY MAIL
509.1 Prior to the thirtieth (30th) day preceding an election, a qualified elector, or a person who is qualified to register (pursuant to D.C. Official Code § 1-1001.07 (a-2)), may register to vote, or change his or her name, address, or party affiliation status by mailing a complete voter registration application to the Board.
509.2 If the registration by-mail deadline falls on a Saturday, Sunday, or holiday, the deadline shall be extended to the next business day.
509.3 The Board shall process mailed voter registration applications and registration update notifications received postmarked by not later than the thirtieth (30th) day preceding any election.
509.4 Mailed voter registration applications and update notifications considered received during the thirty (30) days that immediately precede and include the date of the election shall be held and processed after the election.
509.5 The Board shall process timely completed non-postmarked voter registration applications and registration update notifications mailed and received not later than the twenty-third (23rd) day preceding any election.
509.6 A voter registration application, or a notice of change of name, address, or party affiliation status, which is delivered by mail and postmarked by the United States Postal Service is considered received by the Board on the date of the postmark.
509.7 A voter registration application, or a notice of change of name, address, or party affiliation status, delivered without a postmark shall be considered to be received by the Board upon acknowledgement of receipt by an agency date-stamp; provided that if a voter registration application, or a notice of change of name, address, or party affiliation status is delivered by common carrier, it is considered received by the Board on the parcel’s shipping date.
509. 8 The Board will take steps to reasonably investigate the timely completion of non-postmarked voter registration applications, or notices of change of name, address, or party, by checking tracking numbers or any other information available.
509.9 Individuals who have not previously voted in a federal election in the District and who register to vote by mail shall present, either at the time of registration, at the polling place, or when voting by mail, either a copy of a current and valid government photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
509.10 Subsection 509.9 shall not apply to:
(a) Individuals whose registration application includes either a driver’s license number or at least the last four (4) digits of his or her social security number and with respect to whom the Board has been able to match the provided information with an existing identification record bearing the same number, name and date of birth as provided in such registration application; and
(b) Individuals entitled to vote otherwise than in person under Federal law.
Section 510, “Voter Registration Process: In-Person at Board of Elections,” of Chapter 5 of 3 DCMRshall be repealed and replaced with:
510 VOTER REGISTRATION APPLICATION PROCESSING: IN-PERSON AT THE BOARD OF ELECTIONS AND ETHICS 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 register (pursuant to D.C. Official Code § 1-1001.07 (a-2)), 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 election 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;
(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 a 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, which 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. The effective date of registration or a registration update pursuant to this section shall be the date it was received by the Board.
Section 511, “Voter Registration Processing: In-person at a Voter Registration Agency,” of Chapter 5 of 3 DCMR shall be repealed.
Section 512, “Voter Registration Processing: Federal Post Card Applications for Qualified Overseas Electors,” of Chapter 5 of 3 DCMR shall be repealed and replaced with:
512 VOTER REGISTRATION APPLICATION PROCESSING: FEDERAL POST CARD APPLICATIONS FOR QUALIFIED UNIFORMED AND OVERSEAS ELECTORS
512.1 A qualified uniformed or overseas elector, as defined by 502.2, who is absent from the District may, pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, obtain from the Board or the federal government a Federal Post Card Application (“FPCA”) for:
(a) Simultaneous voter registration and request for an absentee ballot;
(b) A request for an absentee ballot; or
(c) Simultaneous registration update notification (changes in name, address, or party affiliation status) and a request for an absentee ballot.
512.2 Nothing shall prohibit a qualified uniformed or overseas elector from registering to vote or updating his or her registration by using the Board’s Voter Registration Application pursuant to § 509, or any other voter registration application, and requesting an absentee ballot pursuant to § 717.
512.3 The Board shall process FPCAs from persons eligible to vote absentee in federal election in the District pursuant to the Uniformed and Overseas Citizens Absentee Voting Act provided such FPCAs are faxed or mailed prior to the thirtieth (30th) day preceding an election.
512.4 The Board shall process mailed FPCAs received postmarked by not later than the thirtieth (30th) day preceding any election.
512.5 The Board shall process timely completed non-postmarked FPCAs mailed and received not later than the twenty-third (23rd) day preceding any election.
512.6 An FPCA which is delivered by mail and postmarked by the United States Postal Service is considered received by the Board on the date of the postmark.
512.7 An FPCA delivered without a postmark by common carrier will be considered received by the Board on the parcel’s shipping date.
512.8 An FPCA delivered without a postmark is considered to be received by the Board upon acknowledgement of receipt by an agency date-stamp.
512.9 The Board will take steps to reasonably investigate the timely completion of non-postmarked FPCAs by checking tracking numbers, or any other information available.
Section 514, “Notification of Acceptance of Registration,” of Chapter 5 of 3 DCMR shall be amended to read as follows:
514 NOTIFICATION OF ACCEPTANCE OF REGISTRATION
514.1 Within nineteen (19) calendar days after the receipt of a voter registration application, except voter registration applications received at early voting centers or the polls, 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. Applicants who submitted a voter registration application at an early voting center or the polls shall be notified of their registration acceptance or rejection by a toll-free phone number provided by the Board or through information available on the Board’s website.
514.2 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 appeal the rejection pursuant to D.C. Official Code § 1-1001.07 (f) (2006 Repl.).
514.3 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) (2006 Repl.).
514.4 An applicant shall not be registered until the date the Board determines that the applicant is a qualified elector and eligible to register to vote in the District of Columbia. Once the Board determines a registrant’s eligibility, the effective date of the registration shall be the date of receipt of the voter registration application or registration update, or as otherwise provided in this chapter.
Section 515, “Changes in Registration: Name,” of Chapter 5 of 3 DCMR shall be amended to read as follows:
515 CHANGES IN REGISTRATION: NAME
515.1 A registered voter shall notify the Board, in writing, within thirty (30) days, of a name change due to marriage, divorce or by order of a court.
515.2 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) (2006 Repl.); or
(d) Completing any other form prescribed for this purpose by the Board.
515.3 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.
515.4 The effective date of any change of name, for voter registration purposes, shall be the date that the notice of change is received by the Board, unless the notice of change of name is held and processed after the election, as described in this section.
Section 516, “Changes in Registration: Address,” of Chapter 5 of 3 DCMR shall be amended 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) Completing a change of address on a Voter Registration Application;
(b) Filing a change of address by 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) Filing a change of address through the DMV or a voter registration agency (VRA) 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.
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) (2006 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.
516.4 The effective date of the change of address shall be the date that the change is considered to be received by the Board, unless the notice of change of address is held and processed after the election, as described in this section.
Section 517, “Changes in Registration: Political Party,” of Chapter 5 of 3 DCMR shall be amended 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 The effective date of any change of party affiliation status shall be the date that the notice is considered to be received by the Board; except that, no change of party affiliation status shall be effective if postmarked or considered received during the thirty (30) day period that immediately precedes any election. 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. 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).”
