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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)(2011 Repl.), hereby gives notice of final rulemaking action to adopt the following amendments to 3 DCMR chapter 5, Voter Registration, 3 DCMR chapter 7, Election Procedures, 3 DCMR chapter 8, Tabulation and Certification of Election Results, 3 DCMR chapter 10, Initiative and Referendum, 3 DCMR chapter 11, Recall of Elected Officials, 3 DCMR chapter 13, Filling Vacant Seats on Advisory Neighborhood Commissions, 3 DCMR chapter 14, Candidates: Political Party Primaries for Presidential Preference and Convention Delegates, 3 DCMR chapter 15, Candidates: Electors of President and Vice President, 3 DCMR chapter 16, Candidates: Delegate to U.S. House of Representatives, Mayor, Chairman, Members of the Council of District of Columbia, U.S. Senator, U.S. Representative, Members of the Board of Education and Advisory Neighborhood Commissioners, and 3 DCMR chapter 17, Members and Officials of Local Committees of Political Parties and National Committee Persons. The Board took final rulemaking action with respect to these amendments at a regular meeting on Wednesday, February 1, 2012.
These amendments represent changes to the Board’s regulations as a result of the Comprehensive Military and Overseas Voters Accommodation Emergency Act of 2011 (the Act), effective November 16, 2011 (D.C. Act 19-230; 58 DCR 9942), and signed by the Mayor on November 16, 2011. These amendments: (1) establish a new definition for uniformed services and overseas voters; (2) provide for absentee ballot delivery and return in conformity with the provisions of the Act; (3) provide for expanded use of federal forms for registration, ballot requests, and voting; (4) clarify duration of validity of ballot requests received from uniformed services and overseas voters; (5) provide for petition challenge resolution periods of twenty (20) days; (6) establish regulations regarding the publication of, and access to, voter information; (7) locate regulations in the appropriate chapter and/or section for purposes of organization and clarity; (8) clarify the timeframe within which same-day registrants must provide proof of residence in order to perfect their registration; and (9) correct typographical and grammatical errors, and employ stylistic alterations that enhance the readability of the regulations.
A Notice of Emergency and Proposed Rulemaking with respect to these amendments was published in the D.C. Register on December 16, 2011, at 58 DCR 10752. Although written comments on the proposed rules were received during the public comment period, and were duly considered by the Board, no changes have been made to the substance of the proposed regulations.
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 (Voter Registration) of 3 DCMR is 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 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. 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.
500.9 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.
500.10 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.
500.11 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.
500.12 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.).
500.13 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 (Voter Registration) of 3 DCMR is repealed and replaced with:
501 VOTER REGISTRATION INFORMATION
501.1 Upon written request, the Board shall provide to any person a list of the registered qualified electors of the District of Columbia or any ward, precinct or Advisory Neighborhood Commission Single-Member District (ANC SMD) therein.
501.2 The Board may furnish selective lists according to party affiliation, date of registration, ward, precinct, or ANC SMD, voter history, or any other permissible category.
501.3 The Board shall make requested voter registration information available to the public on electronic or magnetic medium, or on any media in use by the Board at the time of the request.
501.4 The following items of information contained in voter registration records are confidential and shall not be considered public information subject to disclosure to the general public:
(a) Full or partial social security numbers;
(b) Dates of birth;
(c) Email addresses or phone numbers;
(d) The identity of the voter registration agency at which the voter registered; and
(e) The residence and mailing addresses of any registered qualified elector whose residence address has been made confidential pursuant to §501.8.
501.5 Complete voter registration records, including date of birth and social security numbers, shall be released to the District of Columbia Superior Court upon request.
501.6 Cumulative data based on the items of information listed in §501.4 may be publicly disclosed as long as information about any individual cannot be discerned from the disclosed data.
501.7 A voter’s signature on registration records, either on a paper record or application or an electronically captured image, may be viewed by the public but may not be copied or traced except by Board officials for election administration purposes. Any such copy or tracing is not a public record.
501.8 A registered qualified elector’s address shall be considered public information until the registered qualified elector or his or her representative presents a copy of a court order to the Registrar directing the confidentiality of the qualified elector’s address. If the order is received more than forty-five (45) days before an election, the elector’s address shall be immediately removed from all voter records available for public inspection. If the order is received within forty-five (45) days of the election, the address shall be removed as soon as practicable but in no instance later than seven (7) days following an election. Any address made confidential pursuant to this subsection shall remain confidential for as long as the court shall order.
Section 502 (Qualified Uniformed and Overseas Electors) of chapter 5 (Voter Registration) of 3 DCMR is amended as follows:
502 QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS
502.1 A person shall qualify as a uniformed services or overseas voter to vote in elections conducted in the District of Columbia if he or she is:
(a) A uniformed services voter or an overseas voter who is registered to vote in the District;
(b) A uniformed services voter whose voting residence is in the District and who otherwise satisfies the District’s voter eligibility requirements;
(c) An overseas voter who, before leaving the United States, was last eligible to vote in the District and, except for a District residence requirement, otherwise satisfies the District’s voter eligibility requirements;
(d) An overseas voter who, before leaving the United States, would have been last eligible to vote in the District had the voter then been of voting age, and except for a District residency requirement, otherwise satisfies the District’s voter eligibility requirements; or
(e) An overseas voter who is not described in paragraphs (c) or (d) and, except for a District residency requirement, otherwise satisfies the District’s voter eligibility requirements, if:
(1) The District is the last place where a parent or legal guardian of the voter was or would have been eligible to vote before leaving the United States; and
(2) The voter has not previously registered to vote in any other state.
502.2 A uniformed services voter is an individual who is qualified to vote and is:
(a) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard who is on active duty;
(b) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;
(c) A member on activated status of the National Guard or state militia; or
(d) A spouse or dependent of an individual described in paragraphs (a) – (c).
502.3 An overseas voter is a United States citizen who is outside the United States.
502.4 Qualified uniformed services and overseas voters shall inform the Board of their status as such by:
(a) The use of a Federal Post Card Application (FPCA) or a Federal Write-In Ballot (FWAB);
(b) The use of an overseas address on an approved voter registration application or ballot application; or
(c) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a qualified uniformed services or overseas voter.
Section 504 (Voter Registration for People with Disabilities) of chapter 5 (Voter Registration) of 3 DCMR is repealed and replaced with:
504 REGISTRATION THROUGH VOTER REGISTRATION AGENCIES (VRAs)
504.1 The designated voter registration agencies (VRAs) in the District of Columbia are:
(a) The Department of Motor Vehicles (DMV);
(b) The Department of Corrections;
(c) The Department of Youth Rehabilitation Services;
(d) The Office on Aging;
(e) The Department of Parks and Recreation;
(f) The Department of Human Services; and
(g) Department on Disability Services.
504.2 The Mayor of the District of Columbia may designate any other executive branch agency of the District of Columbia government as a VRA by filing written notice of the designation with the Board.
504.3 The Board must approve the voter registration application that each VRA provides.
504.4 Each voter registration application submitted to the Board through a VRA shall be considered an update of any previous voter registration by an applicant who is already listed as a registered voter or whose name appears on the inactive list of registered voters, unless the applicant indicates that a change of address is not for voter registration purposes.
Section 505 (Voter Registration Application Distribution Agencies) of chapter 5 (Voter Registration) of 3 DCMR is amended to read as follows:
505 VOTER REGISTRATION APPLICATION DISTRIBUTION AGENCIES
505.1 A qualified elector may obtain the Board’s official Voter Registration Application from a voter registration application distribution agency, including the following:
(a) The District of Columbia Public Library;
(b) The DC Fire and Emergency Medical Services Department;
(c) The Metropolitan Police Department; and
(d) Any other executive agency the Mayor shall designate in writing.
505.2 The Board shall provide sufficient quantities of its official Voter Registration Application for distribution to the public.
505.3 Nothing in this section 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 506 (Voter Registration Agencies) of Chapter 5 (Voter Registration) of 3 DCMR is repealed.
Section 507 (Registration Through Voter Registration Agencies (VRAs)) of Chapter 5 (Voter Registration) of 3 DCMR is repealed.
Section 509 (Voter Registration Application Processing: by Mail) of Chapter 5 (Voter Registration) of 3 DCMR is amended to read as follows:
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)) (2011 Repl.), 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 immediately 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 immediately 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, shall be considered to be received by the Board:
(a) Upon acknowledgement of receipt by an agency date-stamp if it is delivered without a postmark; or
(b) On the parcel’s shipping date if it is delivered by common carrier.
509. 8 The Board will take reasonable steps to 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 Application Processing: In-Person at the Board of Elections and Ethics or a Voter Registration Agency (VRA)) of chapter 5 (Voter Registration) of 3 DCMR is amended to read as follows:
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 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. The effective date of registration or a registration update pursuant to this section shall be the date it was received by the Board
Section 512 (Voter Registration Application Processing: Federal Post Card Applications for Qualified Uniformed and Overseas Electors) of chapter 5 (Voter Registration) of 3 DCMR is repealed and replaced with:
512 VOTER REGISTRATION APPLICATION PROCESSING FOR QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS
512.2 A qualified uniformed services or overseas voter may use any federally- or District-approved voter registration application, including their electronic equivalents, to register to vote or update his or her registration. For the purpose of this section, a “voter registration application” shall include the following:
(a) A Federal Post Card Application (FPCA);
(b) The declaration accompanying a Federal Write-In Absentee Ballot (FWAB declaration);
(c) The Board’s Voter Registration Application; or
(d) Any other voter registration application.
512.3 The Board shall process voter registration applications that are received electronically or mailed prior to the thirtieth (30th) day preceding an election, provided that the Board shall also process timely completed non-postmarked voter registration applications mailed and received not later than the twenty-third (23rd) day preceding any election.
512.4 A voter registration application 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.
512.5 A voter registration application delivered by common carrier will be considered received by the Board on the parcel’s shipping date.
512.6 A voter registration application delivered without a postmark is considered to be received by the Board upon acknowledgement of receipt by an agency date-stamp.
512.7 The Board will take reasonable steps to investigate the timely completion of non-postmarked voter registration applications by checking tracking numbers, or any other information available.
512.8 All voter registration applications 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.
Section 513 (Voter Registration Application Processing: At the Polls) of chapter 5 (Voter Registration) of 3 DCMR is repealed and replaced with:
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. 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 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. The date of receipt shall also be the effective date of registration or change of name, address, or party affiliation status.
Section 514 (Notification of Acceptance of Registration) of chapter 5 (Voter Registration) of 3 DCMR is repealed and replaced with:
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.
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 or registration update 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 (Voter Registration) of 3 DCMR is amended 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.
515.5 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 (Voter Registration) of 3 DCMR is 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) 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.
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 520 (Cancellation of Voter Registration: General Grounds and Procedures) of chapter 5 (Voter Registration) of 3 DCMR is amended to read as follows:
520 CANCELLATION OF VOTER REGISTRATION: GENERAL GROUNDS AND PROCEDURES
520.1 The grounds for cancellation of registration by the Board shall be the following:
(a) Death of the voter;
(b) Change in residence from the District of Columbia;
(c) Signed authorization from a voter, or written notification from the voter that he or she is not a qualified elector;
(d) Incarceration following a felony conviction;
(e) Successful challenge to voter registration;
(f) Falsification of information on the voter registration application;
(g) Declaration of mental incompetence by a court of competent jurisdiction; and
(h) In the case of a registrant whose registration is deemed inactive, failure to provide the Board with a current residence address in the District, in writing, or failure to vote in any election in accordance with D.C. Official Code § 1-1001.07(i)(4)(B)(2011 Repl.) by not later than the day after the date of the second general election for federal office that occurs after the date of the notice described in this section.
520.2 Where the Board cancels or proposes to cancel a voter’s name from the registration roll, under § 520.1, notification to the person, as applicable to the cause of cancellation, shall be made by first class (forwardable) mail, except where authorization for removal has been provided by signature of the voter, or where the voter’s registration is being removed from the list of registrations deemed inactive.
520.3 In the event that the Board learns, through the regular course of business, that a voter is otherwise unqualified to be a registered elector in the District of Columbia, the Registrar shall notify the registrant of this fact.
520.4 The notice shall include the information on which the Registrar bases the decision and shall state that the registrant must respond within fourteen (14) days from the date of the mailing of the notice or be cancelled from the voter roll.
520.5 The Registrar shall make a determination with respect to the elector’s eligibility within ten (10) days of receipt of a response from the registrant.
520.6 The determination shall be sent by first class mail to the registrant.
520.7 Within fourteen (14) days of mailing the notice, the registrant may appeal, in writing, the Registrar’s determination to the Board.
520.8 The Board shall conduct a hearing and issue a decision within thirty (30) days of receipt of written notice of the appeal.
520.9 Requests for cancellation of voter registration received less than thirty (30) days preceding an election shall be held and processed after that election.
Section 521 (Cancellation of Voter Registration: Challenge and Request for Additions to Registration Roll) of chapter 5 (Voter Registration) of 3 DCMR is amended to read as follows:
521 CANCELLATION OF VOTER REGISTRATION: CHALLENGE AND REQUEST FOR ADDITIONS TO REGISTRATION ROLL
521.1 Any duly registered voter may:
(a) "Challenge" the registration of any person whom the voter believes is fictitious, deceased, disqualified, or ineligible to vote on grounds other than a failure to give notice of a change of address; and
(b) "Request" the addition of any person whose name has been erroneously omitted or cancelled from the registration roll.
521.2 The Board shall not accept a voter registration challenge or application for correction of the voter roll after the forty-fifth (45th) day preceding an election.
521.3 During the period beginning on the ninetieth (90th) day before any election and ending on the forty-fifth (45th) day before any election, the Board shall expedite the process as further described in this section.
521.4 Requests for the correction of the voter roll or the challenge of the right to vote of any person named on the voter roll shall be in writing and shall include any evidence in support of the challenge that the registrant is not a qualified elector.
521.5 The Board shall send notice to any person whose registration has been challenged, at the address listed on the Board’s record, along with a copy of any evidence filed in support of the challenge.
521.6 The notice sent to a person whose registration has been challenged shall be sent to the address listed on the Board’s records, and shall include a statement that the registrant must respond to the challenge not later than thirty (30) days from the date of the mailing of the notice, or ten (10) days if the challenge is received between ninety (90) and forty-five (45) days from the election, or be cancelled from the voter roll.
521.7 The Registrar shall make a determination with respect to the challenge, based on any evidence presented, within ten (10) days of receipt of the challenged registrant’s response, or three (three) days if the challenge is received between ninety (90) and forty-five (45) days from the election.
521.8 After making a determination with respect to the challenge, the Registrar shall notify, by first class mail, both the challenged registrant and the person who filed the challenge.
521.9 Within fourteen (14) days of the date that the chief voter registration official’s notice is mailed, or five (5) days if the challenge is received between ninety (90) and forty-five (45) days from the election, any aggrieved party may appeal the Registrar’s determination to the Board.
521.10 The Board shall conduct a hearing and issue a decision within thirty (30) days of receipt of the written appeal notice, or ten (10) days if the challenge is received between ninety (90) and forty-five (45) days from the election.
521.11 With respect to a request for the addition of a person to the voter roll, if the Board’s records indicate that the omission or cancellation was proper, the Board shall send notice of its determination, by first-class (forwardable) mail, to both the individual named in the request and the person who filed the request. The notice shall advise both parties that the person whose name was removed from the registration roll is required to submit a new voter registration application in order to become registered.
Section 713 (Vote Casting Procedures: Regular Ballot) of chapter 7 (Election Procedures) of 3 DCMR is amended to read as follows:
713 VOTE CASTING PROCEDURES: REGULAR BALLOT
713.1 A duly registered voter is a qualified elector under § 500.2, who resides at the residence address as that address appears on the Board’s records, and either:
(a) Has registered to vote prior to the date that in-person absentee voting begins at the Board’s office; or
(b) Registers after the date that in-person absentee voting begins at the Board’s office and has had their residence confirmed by the Board.
713.2 Only duly registered voters shall be permitted to cast a regular ballot.
713.3 An elector shall be permitted to cast a regular ballot 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; or
(3) Changes his or her party registration from a political party to “no Party (independent).”
713.4 On Election Day, each duly registered voter shall cast a regular ballot at the polling place serving the residence address of the registered voter, provided that a duly registered voter may cast a special ballot at a precinct that is not his or her precinct of residence.
713.5 During the hours of voting, the Board shall place in each early voting center and polling place an alphabetical list (poll book) of all persons registered in that precinct and eligible to vote in the election.
713.6 A listing of the registrants contained in the poll book shall be available for public inspection.
713.7 The information printed on the poll book in each polling place shall include the name, address, party affiliation (where applicable), and ANC Single-Member District (where applicable) of each duly registered voter residing in the precinct.
713.8 When a duly registered voter appears to vote, the voter shall state aloud his or her name and address. The designated election official shall then locate and verify the voter’s name, address, party affiliation, and ANC Single-Member District (where applicable) from the poll book.
713.9 The voter shall confirm the accuracy of the name, address, party affiliation, and ANC Single-Member District where applicable, before signing the poll book, or other record prescribed by the Board. Such signature shall be deemed confirmation that the voter’s information is correct as shown on the Board’s records.
713.10 After signing, the polling place official shall perform the following duties:
(a) Issue a Voter Card to the voter;
(b) Require that the voter’s full name be printed on the Voter Card, and if applicable, party and ballot style; and
(c) Direct the voter to the appropriate polling place official to obtain a ballot.
713.11 The designated polling place official shall be responsible for the following:
(a) Receiving the Voter Card;
(b) Announcing clearly and publicly the name and party on the Voter Card in a primary election, and the name and ANC Single-Member District on the Voter Card in a general election;
(c) Ascertaining whether the voter will vote using the optical scan voting equipment (OSVE) or the direct recording electronic (DRE) voting equipment;
(d) Issuing to each voter the ballot(s) to which he or she is entitled; and
(e) Depositing the Voter Card in a container provided for that purpose.
713.12 The voter shall complete his or her ballot and submit such ballot according to instructions provided.
713.13 In the event that the OSVE becomes inoperable for any reason during the election process, voters shall place voted ballots into the auxiliary ballot box. All ballots deposited in this auxiliary box shall be tabulated after the polls close, either at the polling place if the machine regains operability or at a counting place.
713.14 In the event that the DRE voting equipment becomes inoperable for any reason during the election process, voters shall be directed to use the OSVE. The Board shall make reasonable accommodations to voters, who by reason of disability or preference, wish to vote using the DRE equipment.
713.15 Any repairs conducted on either the OSVE or DRE equipment will be performed in the presence and view of:
(a) An election official who shall note in writing all repair activity; and
(b) Designated poll watchers and election observers, if any in that precinct, who will be provided with any available information pertaining to system activity.
Section 714 (Vote Casting Procedures: Special Ballot) of chapter 7 (Election Procedures) of 3 DCMR is amended to read as follows:
714 VOTE CASTING PROCEDURES: SPECIAL BALLOT
714.1 Uses for a Special Ballot (or Provisional Ballot) include instances where the voter:
(a) Wishes to vote in a precinct other than that serving the voter’s address;
(b) Is listed as an absentee voter on the alphabetical or supplemental lists of registered voters (poll book) in the precinct but claims that he or she has not voted by absentee ballot;
(c) Is listed on the poll book in the precinct but claims, in a primary election, that the party affiliation indicated on the listing is in error;
(d) Is listed on the poll book in the precinct but claims, in a general election, that the ANC Single-Member District indicated on the listing is in error;
(e) Alleges that his or her name has been erroneously omitted from the poll book, or alleges that his or her name or address is incorrectly printed on the poll book;
(f) Has moved from the address as listed on the Board’s registration records and presents himself or herself to vote at the precinct serving his or her current residence address;
(g) Has been challenged pursuant to this chapter, and that challenge is accepted;
(h) Votes in an election for federal office as a result of a federal or District of Columbia court order, or any other order, extending the statutory poll-closing time;
(i) Has not previously voted in a federal election in the District and who registers to vote by mail and fails to present, either at the time of registration, at the polling place, or when voting by mail, either a copy of a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other document that shows his or her name and address;
(j) Resides temporarily at a District of Columbia licensed nursing home or assisted living facility, or at a qualified retirement home and casts a ballot at such facility; or
(k) Has registered to vote during the in-person absentee voting period, at an early voting center designated by the Board, or at a polling place on Election Day.
714.2 An individual whose eligibility to vote in the election cannot be determined during the in-person absentee voting period, at an early voting center, or at a polling place on Election Day because of one (1) or more of the reasons cited in § 714.1 shall vote by Special Ballot.
714.3 Any voter who wishes to vote in a precinct other than that serving the voter’s address (voting precinct) because of age, disability, or limitation of health may contact the Board in writing prior to Election Day to request that a complete ballot for his or her precinct of residence be brought to the voting precinct on Election Day.
714.4 A voter casting a Special Ballot shall complete, with the assistance of a designated polling place official, a Special Ballot Envelope which shall provide space for the following information:
(a) The name and current residence of the voter;
(b) The reason for voting the Special Ballot;
(c) The voter’s drivers license number or last four (4) digits of the voter’s social security number;
(d) The voter’s date of birth;
(e) The precinct in which the voter is casting the ballot; and
(f) Any other information as may be necessary to determine if the person is qualified to vote.
714.5 The outside of the Special Ballot Envelope shall contain a statement warning the voter of the criminal penalties for making a false representation as to his or her qualifications for voting and an affirmation signed by the voter attesting to the following:
(a) That to the best of his or her knowledge and belief, he or she is a registered voter in the District of Columbia, or if he or she is not registered to vote, that he or she meets the qualifications for voter registration;
(b) That he or she resides at the residence provided; and
(c) That the information contained on the outside of the Special Ballot Envelope is truthful and complete.
714.6 Before being permitted to vote by Special Ballot, the voter shall sign the affirmation printed on the Special Ballot Envelope.
714.7 The designated polling place official shall witness the voter signing the affirmation printed on the Special Ballot Envelope.
714.8 Designated polling officials shall issue the following to each voter casting a special ballot:
(a) A voter card with the word “SPECIAL” placed thereupon;
(b) Ballot(s);
(c) An inner envelope to ensure the secrecy of the ballot; and
(d) Written notification of appeal rights if the voter’s special ballot is rejected in whole or in part.
Section 715 (Special Ballot Appeal Rights) of chapter 7 (Election Procedures) of 3 DCMR is amended to read as follows:
715 SPECIAL BALLOT APPEAL RIGHTS
715.1 A voter’s act of signing a challenged or Special Ballot Envelope shall be deemed the filing of an appeal by the voter of the refusal by the Board’s chief voter registration official to permit the voter to vote by regular ballot, and a waiver of personal notice from the Board of any denial or refusal to a later count of the challenged or Special Ballot.
715.2 The Board shall provide the voter, at the time of voting or after a challenge to an absentee ballot has been upheld pursuant to § 721.18, with written notice that indicates the manner by which he or she may learn whether the Executive Director has decided to count or reject, in whole or in part, the voter’s Special Ballot, and of the dates scheduled for hearings for voters whose Special Ballots are rejected to contest the Executive Director’s preliminary determination if they petition to do so.
715.3 Not later than the Tuesday following each election, the Board shall enable any voter who has voted a Special Ballot to learn of the Executive Director’s preliminary decision to count or reject his or her ballot along with the reason(s) for each decision by accessing either a dedicated section of the Board’s website or a telephone service which shall be maintained during regular business hours.
715.4 Not earlier than eight (8) days and not later than ten (10) days after the date of any election, the Board shall, upon petition of the voter, conduct a hearing for the voter to contest the Executive Director’s preliminary determination to reject the voter’s Special Ballot.
715.5 The Board shall review the information provided on the Special Ballot Envelope as well as all other available evidence pertaining to the eligibility of each voter casting a Special Ballot, and shall make a decision about whether to count or reject each special ballot.
715.6 At the hearing, the voter may appear and give testimony on the question of the Executive Director’s preliminary decision to reject the Special Ballot.
715.7 The Board shall make a final determination to either count or reject the voter’s Special Ballot within two (2) days after the date of the hearing.
715.8 The voter may appeal an adverse decision of the Board to the Superior Court of the District of Columbia within three (3) days after the date of the Board’s decision. The decision of the court shall be final and not appealable.
Section 717 (Absentee Ballots) of chapter 7 (Election Procedures) of 3 DCMR is amended to read as follows:
717 ABSENTEE BALLOTS
717.1 Except as provided in this chapter, a duly registered voter may make a written request for an absentee ballot electronically, by mail, or in person at the Board’s office.
717.2 A duly registered voter may request absentee ballots for all elections in the current calendar year.
717.3 Except as provided in § 719, no person shall be permitted to obtain an absentee ballot or execute an application for an absentee ballot for another registered voter.
717.4 A mailed or electronically received request for an absentee ballot shall be received from the registered voter by no later than the seventh (7th) day preceding the date of the election.
717.5 A request for an absentee ballot shall include the following:
(a) The voter’s name;
(b) Election(s) for which the absentee ballot is requested;
(c) Address from which the voter is registered to vote;
(d) Voter’s current residence address, if different from the address listed on the Board’s records;
(e) Address to which the absentee ballot shall be delivered, if applicable;
(f) Voter’s driver’s license number, the last four (4) digits of the voter’s social security number, or the voter’s unique voter identification number issued by the Board;
(g) Voter’s date of birth; and
(h) Voter’s original signature.
717.6 An absentee ballot request sent electronically will be considered to contain an original signature.
717.7 A duly registered elector may request an absentee ballot in person not earlier than fifteen (15) days preceding the election.
717.8 If a duly registered voter who requests an absentee ballot by mail provides a residence address that is different from the residence address listed on the Board’s records, the application to vote absentee shall also be considered a request for a change of address.
717.9 Prior to returning the voted absentee ballot to the Board, a voter shall confirm the accuracy of his or her name, address, party affiliation, and ANC Single-Member District, where applicable, as it appears on the Board’s records by signing either the absentee ballot envelope, or if voting an absentee ballot in person, the poll book or other record prescribed by the Board. Such signature shall be deemed an affirmation that the voter’s information is correct as shown on the Board’s records.
717.10 An absentee ballot may be returned to the Board by any of the following ways:
(a) Mail;
(b) Brought to any polling place for deposit in the special ballot box on Election Day; or
(c) Delivered to the Board’s office at any time before the close of the polls on Election Day.
717.11 All postmarked absentee ballots shall be postmarked no later than the day of the election, and all mailed (postmarked and non-postmarked) absentee ballots shall be received no later than ten (10) days after the election.
717.12 The Board will take reasonable steps to investigate the timely completion of non-postmarked absentee ballots by checking tracking numbers or any other information available.
717.13 During the period for in-person absentee voting, the Board shall be open Monday through Saturday, except legal holidays and the day before the election, from 8: 30 a.m. until 7 p.m. The day before an election, the Board shall not be open for purposes of in-person absentee voting.
717.14 A duly registered voter who was mailed an absentee ballot and attempts to vote on Election Day or at an early voting center shall vote by special ballot.
717.15 An absentee ballot shall be counted as being cast in the ward and precinct where the voter resides, provided that the voter signs the absentee ballot envelope to certify that the voter has voted the ballot and has not voted in any other jurisdiction or in any other manner in the election.
717.16 Pursuant to D.C. Official Code § 1-1001.09 (2011 Repl.), no employee of the Board shall reveal the name(s) of the candidate(s) for whom an individual has voted or whether an individual voted for or against any initiative, referendum or recall measure, or Charter amendment. Any employee who violates this section may, upon conviction, be subject to a ten thousand dollar ($10,000) fine or imprisonment up to five (5) years, or both, pursuant to D.C. Official Code § 1-1001.14 (a) (2011 Repl.).
Section 718 (Absentee Ballots for Qualified Uniformed and Overseas Electors) of chapter 7 (Election Procedures) of 3 DCMR (Election Procedures) is repealed and replaced with:
718 ABSENTEE BALLOTS FOR QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS
718.1 Qualified uniformed services and overseas voters may request an absentee ballot by using the Federal Post Card Application (FPCA), the declaration accompanying a Federal Write-In Absentee Ballot (FWAB declaration), or if already registered, by making a written request to the Board.
718.2 A qualified uniformed services or overseas voter’s request for an absentee ballot may be delivered to the Board electronically or by mail.
718.3 All requests for absentee ballots shall be received by no later than the seventh (7th) day preceding the date of the election.
718.4 An absentee ballot request from a uniformed services or overseas voter shall be treated as a valid, standing request for an absentee ballot for any and all elections that fall within the election cycle in which the request was received, unless the voter requests absentee ballots for a different time period.
718.5 A request for an absentee ballot from a qualified uniformed services or overseas voter shall include the following:
(a) The voter’s name;
(b) Election(s) for which the absentee ballot is requested;
(c) Address from which the voter is registered to vote;
(d) Voter’s current residence address, if different from the address listed on the Board’s records;
(e) Preference of either mail, email or fax delivery of ballot;
(f) Mailing address, email address, or fax number to which the absentee ballot shall be delivered;
(g) Email address;
(h) Voter’s driver’s license number, the last four (4) digits of the voter’s social security number, or the voter’s unique voter identification number issued by the Board;
(i) Voter’s date of birth; and
(j) Voter’s original signature.
718.6 A qualified uniformed services or overseas voter may choose to have his or her absentee ballot electronically transmitted or delivered by mail. If no preference is given, the absentee ballot shall be delivered by mail.
718.7 The Board shall transmit blank absentee ballots by no later than forty-five (45) days before the election if the absentee ballot application is received at least forty-five (45) days before an election. If the request is received less than forty-five (45) days before an election for federal office, the Board shall transmit the absentee ballot to the voter within two business days of the receipt of the request, and in accordance with District law in a manner that expedites the transmission of the ballot.
718.8 Prior to returning the voted absentee ballot to the Board, a qualified uniformed services or overseas voter shall confirm the accuracy of his or her name, address, party affiliation, and ANC Single-Member District, where applicable, as it appears on the Board’s records by signing either the absentee ballot envelope, or if the absentee ballot is returned electronically, a separate downloadable attestation form. Such signature shall be deemed an affirmation that the voter’s information is correct as shown on the Board’s records.
718.9 A qualified uniformed services or overseas voter who submits his or her ballot electronically shall provide and sign the following statement on a separate document: “I understand that by electronically submitting my voted ballot I am voluntarily waiving my right to a secret ballot.”
718.10 In order to be valid, a qualified uniformed services or overseas voter’s ballot must be submitted for transmission to the Board electronically, by mail, or by any other authorized form of delivery by no later than 12:01 a.m., at the place where the voter completes the ballot, on the date of the election.
718.11 If, at the time of completing an absentee ballot and accompanying materials, a duly registered qualified uniformed services or overseas voter has declared under penalty of perjury that the ballot was timely submitted, the voter’s ballot shall not be rejected on the basis that it has either a late or unreadable postmark, or no postmark at all.
718.12 All absentee ballots shall be received not later than ten (10) days after the election.
718.13 The Board may take reasonable steps to investigate the timely completion of non-postmarked absentee ballots by checking tracking numbers or any other information available.
718.14 If the voter chooses to use the FWAB, the Board will accept the ballot for all contests in which the voter is eligible to cast votes.
Section 720 (Absentee Federal Ballot) of chapter 7 (Election Procedures) of 3 DCMR is repealed and replaced with:
720 FEDERAL ELECTORS AND ABSENTEE FEDERAL BALLOT
720.1 A person who is absent from the District shall qualify to vote as a federal elector in federal elections conducted in the District of Columbia under the provisions of the Voting Rights Act of 1965.
720.2 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.
720.3 Any qualified federal elector may make a written request to vote an absentee Federal Ballot. Such request may be made electronically, by mail, or in person at the Board’s office, and shall include the following:
(a) The voter’s name;
(b) A statement that the applicant requests a ballot for federal offices;
(c) Address from which the voter was previously registered to vote in the District;
(d) Address to which the absentee ballot shall be delivered, if applicable;
(e) The voter’s driver’s license number or the last four (4) digits of the voter’s social security number;
(f) The voter’s date of birth; and
(g) The voter’s original signature.
720.4 An absentee Federal Ballot request sent electronically will be considered to contain an original signature.
720.5 A mailed or electronically submitted request for an absentee Federal Ballot shall be received from the registered voter by no later than the seventh (7th) day preceding the date of the election.
720.6 A qualified federal elector may request an absentee Federal Ballot in person not earlier than fifteen (15) days preceding the election, and not later than 4:45 p.m., on the day preceding the election.
720.7 Prior to returning the voted absentee Federal Ballot to the Board, a voter shall confirm the accuracy of his or her name, address, party affiliation, and ANC Single-Member District, where applicable, as it appears on the Board’s records by signing either the absentee ballot envelope, or if voting an absentee ballot in person, the Master Index or other record prescribed by the Board. Such signature shall be deemed an affirmation that the voter’s information is correct as shown on the Board’s records.
720.8 An absentee Federal Ballot may be returned to the Board by any of the following ways:
(a) Mail;
(b) Brought to any polling place for deposit in the special ballot box on Election Day; or
(c) Delivered to the Board’s office at any time before the close of the polls on Election Day.
720.9 All postmarked absentee Federal Ballots shall be postmarked no later than the day of the election, and all mailed (postmarked and non-postmarked) absentee Federal Ballots shall be received not later than ten (10) days after the election.
720.10 The Board may take reasonable steps to investigate the timely completion of non-postmarked absentee Federal Ballots by checking tracking numbers or any other information available.
Section 802 (Validity of Ballots) of chapter 8 (Tabulation and Certification of Election Results) of 3 DCMR is amended to read as follows:
802 VALIDITY OF BALLOTS
802.1 The Executive Director, or his or her designee, shall make determinations on the validity of ballots.
802.2 Any election official who is uncertain whether a ballot is partially or totally invalid shall refer the ballot to the Executive Director, or his or her designee, for a determination.
802.3 Any poll watcher or election observer who is uncertain whether a ballot is partially or totally invalid may refer the ballot to the Executive Director, or his or her designee, for a determination.
802.4 Except as provided in this section, only official ballots shall be valid and counted. An official ballot is a sheet of paper, or electronic card, filmstrip or other device that has been approved by the Board for use during an election on which votes are recorded and stored for purposes of tabulation. For DRE machines, the official ballot shall be the electronic card which records and stores the elector’s votes, except that the voter-verified paper audit trail (VVPAT) shall be the official ballot of record during all occurrences of manual tabulation, including audits and recounts
802.5 Pursuant to chapter 7 of this title, if a qualified uniformed services or overseas voter chooses to use a Federal Write-In Absentee Ballot, or chooses to electronically submit his or her ballot, it shall be duplicated, and the duplicated ballot shall be treated as an official ballot and deemed valid.
802.6 If a precinct was authorized by the Board to use reproductions of official paper ballots because of an emergency, the reproductions shall be duplicated and the duplicated ballots shall be considered official ballots and deemed valid.
802.7 If a ballot marked "Challenged" or "Special" is placed in a ballot box and received at a counting place other than in a Special Ballot Envelope, it shall be deemed invalid.
Subsection 809.3 of section 809 (Vote Counting by Hand) of chapter 8 (Tabulation and Certification of Election Results) of 3 DCMR is amended to read as follows:
809.3 Whenever votes cast on DRE machines are counted by hand, the voter-verified paper audit trail (VVPAT) shall be the ballot of record. Whenever the VVPAT is damaged or illegible, the cast ballot audit log shall become the ballot of record and be reproduced in accordance with vendor guidelines and public manner.
Section 1011 (Posting of Initiative and Referendum Petitions) of chapter 10 (Initiative and Referendum) of 3 DCMR is amended to read as follows:
1011 POSTING OF INITIATIVE AND REFERENDUM PETITIONS
1011.1 The Board shall post initiative or referendum petitions, or facsimiles thereof, in its office for public inspection for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law.
1011.2 Any qualified elector may within the ten (10)-day posting period challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.
1011.3 A qualified elector may also challenge the validity of an initiative or referendum petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: "3 DCMR § 1009.9(d)".
1011.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the proposed measure ineligible for ballot access.
1011.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.
1011.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the proposer of the measure.
1011.7 The Board shall receive evidence in support of and in opposition to the challenge and determine the validity of the challenged petition not more than twenty (20) days after the challenge has been filed.
1011.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed by chapter 4 of this title.
1011.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.
1011.10 The scope of the search shall be limited to matters raised in the petition challenge, including, but not limited to, the following:
(a) Whether the signer is a duly registered elector;
(b) Whether the signature is that of the duly registered elector whose name appears on the petition; and
(c) Whether the signer is a resident of the applicable ward.
1011.11 In the event the Board 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 the signature invalid, notwithstanding the defect was not alleged or challenged.
1011.12 The Board shall consider any other evidence as may be submitted, including, but not limited to, documentary evidence, affidavits, and oral testimony.
1011.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition within a limited time, may limit examination and cross- examination of witnesses to the following:
(a) Objections and specifications of any objections, if any, to the initiative or referendum petition; and
(b) Objections and specifications of objections, if any, to the petition challenge.
1011. 14 Within three (3) days after announcement of the determination of the Board with respect to the validity of a petition, either the challenger or the proposer of the measure may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
Section 1108 (Posting of Recall Petitions) of chapter 11 (Recall of Elected Officials) of 3 DCMR is amended to read as follows:
1108 POSTING OF RECALL PETITIONS
1108.1 The Board shall post all recall petitions, or facsimiles thereof, except those petitions to recall a member of an Advisory Neighborhood Commission (ANC), in its office for public inspection for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law. For petitions to recall an ANC, the ten (10)-day period shall not include Saturdays, Sundays, and holidays.
1108.2 Any qualified elector may within the ten (10)-day posting period challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.
1108.3 A qualified elector may also challenge the validity of a recall petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: "3 DCMR § 1106.11(d)".
1108.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the proposed measure ineligible for ballot access.
1108.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.
1108.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the proposer of the measure.
1108.7 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged petition not more than twenty (20) days after the challenge has been filed.
1108.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed in chapter 4 of this title.
1108.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.
1108.10 The scope of the search shall be limited to matters raised in the petition challenge, including but not limited to, the following:
(a) Whether the signer is a duly registered elector;
(b) Whether the signature is that of a registered elector whose name appears on the petition; and
(c) Whether the signer is a resident of the applicable ward or Advisory Neighborhood Commission Single-Member District.
1108.11 In the event the Board 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 the signature invalid, notwithstanding the defect was not alleged or challenged.
1108.12 The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1108.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition 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 recall petition; and
(b) Objections and specifications of such objections, if any, to the petition challenge.
1108.14 Within three (3) days after announcement of the determination of the Board with respect to the validity of a petition, either the challenger or the proposer of the measure may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
Section 1309 (Posting of Petition for Public Inspection) of chapter 13 (Filling Vacant Seats on Advisory Neighborhood Commissions) of 3 DCMR is repealed and replaced with:
1309 POSTING OF PETITIONS FOR PUBLIC INSPECTION
1309.1 The Board shall post nominating petitions, or facsimiles thereof, in its office for public inspection for five (5) working days beginning on the third (3rd) working day after the filing deadline required by law.
1309.2 Any qualified elector may, within the five (5)-day posting period, challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.
1309.3 A qualified elector may also challenge the validity of a nominating petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: "3 DCMR § 1307.4(d)".
1309.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the prospective candidate ineligible.
1309.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.
1309.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the candidate.
1309.7 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged petition no more than twenty (20) days after the challenge has been filed.
1309.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed in chapter 4 of this title.
1309.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.
1309.10 The scope of the search shall be limited to matters raised in the petition challenge, including but not limited to, the following:
(a) Whether the signer is a registered elector;
(b) Whether the signature is that of a registered elector whose name appears on the petition; and
(c) Whether the signer is a resident of the applicable single-member district.
1309.11 In the event the Board 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 the signature invalid, notwithstanding the defect was not alleged or challenged.
1309.12 The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1309.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition 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.
1309.14 If the Board upholds the validity of the petition, it shall certify the candidate and the candidate’s name shall be printed on the official election ballot.
1309.15 Within three (3) days after announcement of the determination of the Board with respect to the validity of a nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
1309.16 Upon determining all challenges filed with respect to petitions, or if no challenges have been filed at the expiration of the challenge period referred to in this section, the Executive Director, or his or her designee, shall certify the names of all candidates whose petitions survived the challenge period or a challenge.
Section 1404 (Posting of Nominating Petitions) of chapter 14 (Candidates: Political Party Primaries for Presidential Preference and Convention Delegates) of 3 DCMR is amended to read as follows:
1404 POSTING OF NOMINATING PETITIONS
1404.1 The Board shall post nominating petitions, or facsimiles thereof, in its office for public inspection for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law.
1404.2 Any qualified elector may within the ten (10)-day posting period challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.
1404.3 A qualified elector may also challenge the validity of a nominating petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: "3 DCMR § 1402.5(d)”.
1404.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the prospective candidate ineligible.
1404.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.
1404.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the candidate.
1404.7 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged petition no more than twenty (20) days after the challenge has been filed.
1404.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed in chapter 4 of this title.
1404.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.
1404.10 The scope of the search shall be limited to matters raised in the petition challenge, including but not limited to, the following:
(a) Whether the signer is a duly registered elector;
(b) Whether the signature is that of a registered elector whose name appears on the petition; and
(c) Whether the signer is a resident of the applicable ward or registered with the applicable political party.
1404.11 In the event the Board 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 the signature invalid, notwithstanding the defect was not alleged or challenged.
1404.12 The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1404.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition 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.
1404.14 If the Board upholds the validity of the petition, it shall certify the candidate and the candidate’s name shall be printed on the official election ballot.
1404.15 Within three (3) days after announcement of the determination of the Board with respect to the validity of a nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
1404.16 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.
Subsection 1500.1 of Section 1500 (Nomination of Candidates by Message) of chapter 15 (Candidates: Electors of President and Vice President) of 3 DCMR is amended to read as follows:
1500.1 Each 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 nominate candidates for presidential electors pursuant to the provisions of D.C. Official Code § 1-1001.10 (2011 Repl.), and this section.
Subsection 1500.9 of section 1500 (Nomination of Candidates by Message) of chapter 15 (Candidates: Electors of President and Vice President) of 3 DCMR is amended to read as follows:
1500.9 The documents required by §§ 1500.3, 1500.7, and 1500.8 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 by the Board for good cause.
Subsection 1503.1 of section 1503 (Circulation of Petitions) of chapter 15 (Candidates: Electors of President and Vice President) of 3 DCMR is amended to read as follows:
1503.1 A petition shall be circulated no earlier than one hundred forty-four (144) days before the date of the presidential election.
Subsection 1504.1 of section 1504 (Number and Validity of Signatures on Petitions) of chapter 15 (Candidates: Electors of President and Vice President) of 3 DCMR is amended to read as follows:
1504.1 A 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.
Section 1506 (Posting of Nomination Petitions) of chapter 15 (Candidates: Electors of President and Vice President) of 3 DCMR is amended to read as follows:
1506 POSTING OF NOMINATION PETITIONS
1506.1 The Board shall post nominating petitions, or facsimiles thereof, in its office for public inspection for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law.
1506.2 Any qualified elector may within the ten (10)-day posting period challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.
1506.3 A qualified elector may also challenge the validity of a nominating petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: "3 DCMR § 1504.6(d)”.
1506.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the prospective candidate ineligible.
1506.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.
1506.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the candidate.
1506.7 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged petition no more than twenty (20) days after the challenge has been filed.
1506.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed in chapter 4 of this title.
1506.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.
1506.10 The scope of the search shall be limited to matters raised in the petition challenge, including but not limited to, the following:
(a) Whether the signer is a duly registered elector; and
(b) Whether the signature is that of a registered elector whose name appears on the petition.
1506.11 In the event the Board 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 the signature invalid, notwithstanding the defect was not alleged or challenged.
1506.12 The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1506.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition 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.
1506.14 If the Board upholds the validity of the petition, it shall certify the candidate and the candidate’s name shall be printed on the official election ballot.
1506.15 Within three (3) days after announcement of the determination of the Board with respect to the validity of a nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
1506.16 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.
The title of Chapter 16 (Candidates: Delegate to U.S. House of Representatives, Mayor, Chairman, Members of the Council of District of Columbia, U.S. Senator, U.S. Representative, Members of the Board of Education and Advisory Neighborhood Commissioners)of 3 DCMR is repealed and replaced with:
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
Section 1606 (Signature Requirements for Nominating Petitions) of chapter 16 (Candidates: Delegate to U.S. House of Representatives, Mayor, Chairman, Members of the Council of District of Columbia, U.S. Senator, U.S. Representative, Members of the State Board of Education and Advisory Neighborhood Commissioners) of 3 DCMR is amended to read as follows:
1606 SIGNATURE REQUIREMENTS FOR NOMINATING PETITIONS
1606.1 For a Primary Election, a petition for the office of Delegate, Mayor, 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 members of such political party, whichever is less, as shown by the records of the Board as of the one hundred forty-forth (144th) day before the date of the Primary Election.
1606.2 For a Primary Election, a 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 electors, 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.
1606.3 For the General Election (Direct Access Nomination), a petition for the office of Delegate, Mayor, or 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) 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.
1606.4 For the General Election (Direct Access Nomination), a petition for the office of Member of the Council from a ward contain the signatures of at least five hundred (500) persons who are duly registered in the ward from which the candidate seeks election.
1606.5 Petitions for candidates for Member of the State Board of Education elected at-large shall contain the signatures of at least one thousand (1,000) persons duly registered in the District.
1606.6 Petitions for candidates for 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.
1606.7 Petitions for candidates 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.
Section 1609 (Posting of Nominating Petitions) of chapter 16 (Candidates: Delegate to U.S. House of Representatives, Mayor, Chairman, Members of the Council of District of Columbia, U.S. Senator, U.S. Representative, Members of the State Board of Education and Advisory Neighborhood Commissioners) of 3 DCMR is amended to read as follows:
1609 POSTING OF NOMINATION PETITIONS
1609.1 The Board shall post nominating petitions, or facsimiles thereof, in its office for public inspection for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law.
1609.2 Any qualified elector may within the ten (10)-day posting period challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.
1609.3 A qualified elector may also challenge the validity of a nominating petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: "3 DCMR § 1607.5(d)”.
1609.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the prospective candidate ineligible.
1609.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.
1609.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the candidate.
1609.7 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged petition no more than twenty (20) days after the challenge has been filed. If the Board upholds the validity of the petition, it shall certify the candidate and the candidate’s name shall be printed on the official election ballot.
1609.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed in chapter 4 of this title.
1609.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.
1609.10 The scope of the search shall be limited to matters raised in the petition challenge, including but not limited to, the following:
(a) Whether the signer is a duly registered elector;
(b) Whether the signature is that of a registered elector whose name appears on the petition; and
(c) Whether the signer is a resident of the applicable ward or Advisory Neighborhood Commission Single-Member District.
1609.11 In the event the Board 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 the signature invalid, notwithstanding the defect was not alleged or challenged.
1609.12 The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1609.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition 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.
1609.14 If the Board upholds the validity of the petition, it shall certify the candidate and the candidate’s name shall be printed on the official election ballot.
1609.15 Within three (3) days after announcement of the determination of the Board with respect to the validity of a nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
1609.16 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.
Section 1706 (Posting of Nominating Petitions) of chapter 17 (Members and Officials of Local Committees of Political Parties and National Committee Persons) of 3 is amended to read as follows:
1706 POSTING OF NOMINATING PETITIONS
1706.1 The Board shall post nominating petitions, or facsimiles thereof, in its office for public inspection for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law.
1706.2 Any qualified elector may within the ten (10)-day posting period challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.
1706.3 A qualified elector may also challenge the validity of a nominating petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: "3 DCMR § 1704.7(d)”.
1706.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the prospective candidate ineligible.
1706.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.
1706.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the candidate.
1706.7 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged petition no more than twenty (20) days after the challenge has been filed.
1706.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed in chapter 4 of this title.
1706.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.
1706.10 The scope of the search shall be limited to matters raised in the petition challenge, including but not limited to, the following:
(a) Whether the signer is a duly registered elector;
(b) Whether the signature is that of a registered elector whose name appears on the petition; and
(c) Whether the signer is a resident of the applicable ward or registered with the applicable political party.
1706.11 In the event the Board 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 the signature invalid, notwithstanding the defect was not alleged or challenged.
1706.12 The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.
1706.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition 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.
1706.14 If the Board upholds the validity of the petition, it shall certify the candidate and the candidate’s name shall be printed on the official election ballot.
1706.15 Within three (3) days after announcement of the determination of the Board with respect to the validity of a nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
1706.16 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.
