4161899 Board of Elections, Notice of Emergency and Proposed Rulemaking, 3 DCMR Chapters 10, 11, 13-17
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DISTRICT OF COLUMBIA BOARD OF ELECTIONS
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The District of Columbia Board of Elections, pursuant to the authority set forth in D.C. Code § 1-1001.05(a)(14), hereby gives notice of proposed rulemaking action to adopt amendments to the following chapters in Title 3, “Elections and Ethics”, of the District of Columbia Municipal Regulations (DCMR): Chapter 10, “Initiative and Referendum”; Chapter 11, “Recall of Elected Officials”; Chapter 13, “Filling Vacant Seats on Advisory Neighborhood Commissions”; Chapter 14, “Candidates: Political Party Primaries for Presidential Preference and Convention Delegates”; Chapter 15, “Candidates: Electors of President and Vice-President”; Chapter 16, “Candidates: Delegate to the U.S. House of Representatives, Mayor, Chairman, Members of the Council of the District of Columbia, U.S. Senator, U.S. Representative, Members of the State Board of Education, and Advisory Neighborhood Commissioners”; and Chapter 17, “Candidates: Members and Officials of Local Committees of Political Parties and National Committee Persons.”
These amendments would place the Board’s amendments into conformity with the Board of Elections Petition Circulation Requirements Emergency Amendment Act of 2012 (D.C. Act 19-0587[rkc1] ) This emergency rulemaking is necessary for the immediate preservation of the public peace and welfare of District residents because the provisions of the aforementioned act are currently in effect and requires supporting regulations.
The Board adopted these emergency rules at its regularly monthly meeting which took place on Wednesday, January 23, 2013, at which time the amendments became effective.
The emergency amendments to the rules will expire on Thursday, May 23, 2013, one hundred twenty (120) days after the emergency rulemaking took effect.
The Board gives notice of its intent to take final rulemaking action to adopt these amendments in not less than 30 days from the date of publication of this notice in the D.C. Register.
Subsection 1003.6 of Chapter 10 (Initiative and Referendum) of Title 3 of the District of Columbia Municipal Regulations (DCMR) is amended to read as follows:
1003.6 Each signature sheet shall bear on the back a certificate, to be signed by the person circulating the sheet and made under penalties of perjury, which contains the following information:
(a) The printed name of the circulator;
(b) The residence address of the circulator, giving the street and number;
(c) A statement that the circulator of the petition form was in the presence of each person when the appended signature was written;
(d) A statement that, according to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be;
(e) A statement that the circulator of the initiative or referendum petition sheet meets the petition circulator requirements set forth in § 1005.1;
(f) The dates between which the signatures to the petition were obtained;
(g) A statement that the circulator of the petition form was advised by the proposer of the initiative of the law set forth in D.C. Code § 1-1001.14 (2006 Repl.);
(h) A statement that the circulator has not made any false statements to the Board of Elections regarding the initiative or referendum; and
(i) A statement that the circulator has not made any false statements regarding the initiative or referendum to anyone whose signature is appended to the petition.
Section 1005 (Circulation of Petitions) of Chapter 10 (Initiative and Referendum) of Title 3 of DCMR is amended as follows:
1005 CIRCULATION OF PETITIONS
1005.1 In order to circulate petitions pursuant to this chapter, a person must:
(a) Be at least 18 years of age, and;
(b) Either be a resident in the District of Columbia or, if not a resident in the District of Columbia, have registered as a non-resident petition circulator prior to circulating a petition in accordance with Sections §§ 1005.2 and 1005.3.
1005.2 Each petition circulator who is not a resident of the District of Columbia must, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she will:
(a) Provide the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;
(b) Provide his or her name, residential address, telephone number, and email address;
(c) Acknowledge that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(d) Consent to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1005.3 Each non-resident petition circulator must present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A government-issued document; or
(d) Any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, and tuition or housing bills from colleges or universities.
1005.4 The proposer shall advise all circulators of the petition that pursuant to D.C. Code § 1-1001.14 (2006 Repl.), it is unlawful to:
(a) Tender any form of compensation to a qualified registered elector in consideration of his or her signature upon any initiative or referendum petition; or
(b) Make any false statement to the Board concerning any initiative or referendum petition or the signatures appended thereto.
1005.5 The proposer of an initiative measure has one hundred and eighty (180) calendar days beginning on the first (1st) calendar day immediately following the date upon which the proponent formally adopts the petition form and the Board certifies that the petition form is in compliance with D.C. Code § 1-1001.16(g) (2006 Repl.), to secure the proper number of valid signatures needed to qualify the measure for the ballot and file the initiative petition with the Board; provided, that the petition is filed with the Board no later than 5:00 p.m. on the one hundred eightieth (180th) calendar day.
1005.6 The proposer of a referendum measure shall secure the proper number of signatures needed to qualify the measure for the ballot and file the referendum petition with the Board no later than 5:00 p.m. on the last business day before the act, or any part of the act, which is the subject of the referendum has become law in accordance with the provisions of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. No. 93-198).
1005.7 The proposer of an initiative or referendum measure shall not circulate the petition for signatures until the Board certifies that the petition form is in compliance with the requirements of § 1003.
Subsection 1006.3 of Chapter 10 (Initiative and Referendum) of Title 3 of DCMR is amended as follows:
1006.3 The Board shall refuse to accept any initiative or referendum petition or individual petition sheets for filing for the following reasons:
(a) The petition sheet(s) is (are) not in the form certified by the Board in accordance with the provisions of this chapter;
(b) The period for circulation and submission for filing has expired;
(c) The petition on its face does not contain the signatures of registered voters equal in number to five percent (5%) of the registered qualified electors of the District of Columbia or the total signatures submitted did not include five percent (5%) of the registered qualified electors in each of five (5) or more of the eight (8) election wards;
(d) The affidavits of the circulators do not appear on the petition sheets; or
(e) The petition sheet(s) were circulated by persons who did not meet the requirements set forth in § 1005.1.
Subsection 1007.4 of Chapter 10 (Initiative and Referendum) of Title 3 of DCMR is amended as follows:
1007.4 The Board shall exclude from the random sample universe a signature if:
(a) The signer’s voter registration was designated "inactive" on the voter roll pursuant to D.C. Code § 1-1001.07(j)(2) (2006 Repl.), at the time the petition was signed;
(b) The signer, according to the Board’s records, was not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a "duly registered voter";
(d) The signature is not dated;
(e) The petition does not include the printed or typed current address of the signer;
(f) The petition does not include the printed or typed name of the signer and, in the judgment of the Board, the signature is illegible; or
(g) The circulator of the petition sheet did not meet the petition circulator requirements set forth in § 1005.1 at the time the petition was signed.
Subsection 1009.10 of Chapter 10 (Initiative and Referendum) of Title 3 of DCMR is amended as follows:
1009.10 A signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated "inactive" on the voter roll pursuant to D.C. Official Code § 1-1001.07 (j)(2) (2011 Repl.) at the time the petition was signed;
(b) The signer, according to the Board’s records, was not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a "duly registered voter;"
(d) The signature is not dated;
(e) The petition does not include the printed or typed address of the signer;
(f) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification;
(g) The signer was also the circulator of the same petition sheet where the signature appears; or
(h) The circulator of the petition sheet did not meet the petition circulator requirements set forth in § 1005.1at the time the petition was signed.
Subsection 1011.3 of Chapter 10 (Initiative and Referendum) of Title 3 of DCMR is amended to read as follows:
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 § 1009.10(d)".
Subsection 1101.3 of Chapter 11 (Recall of Elected Officials) of Title 3 of DCMR is amended to read as follows:
1101.3 Each petition page shall bear on the back a certificate to be signed by the person circulating the petition page and made under penalties of perjury which contains the following information:
(a) The printed name of the circulator;
(b) The residence address (street and number) of the circulator;
(c) A statement that the circulator of the petition page was in the presence of each person when the appended signature was written;
(d) A statement that according to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be;
(e) A statement that the circulator of the recall petition page(s) meets the petition circulator requirements set forth in § 1103.1;
(f) The dates between which the signatures to the petitions were obtained;
(g) A statement that the circulator of the recall petition sheet(s) was advised by the proposer of the law set forth in D.C. Code § 1-1001.14 (2006 Repl.);
(h) A statement that the circulator has not tendered any form of compensation to anyone in consideration of his or her signature;
(i) A statement that the circulator of the recall petition sheet(s) has not made any false statements to the Board of Elections regarding the officer to be recalled; and
(j) A statement that the circulator of the recall petition sheet(s) has not made any false statements regarding the officer to be recalled to anyone whose signature is appended to the petition.
Section 1103 (Circulation of Petitions) of Chapter 11 (Recall of Elected Officials) of Title 3 of DCMR is amended to read as follows:
1103 CIRCULATION OF PETITIONS
1103.1 In order to circulate petitions pursuant to this chapter, a person must:
(a) Be at least 18 years of age, and;
(b) Either be a resident of the electoral jurisdiction of the elected official sought to be recalled or, if not a resident of the electoral jurisdiction of the elected official sought to be recalled, have registered as a non-resident petition circulator prior to circulating a petition in accordance with §§ 1103.2 and 1103.3.
1103.2 Each petition circulator who is not a resident of the electoral jurisdiction of the elected official sought to be recalled must, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she will:
(a) Provide the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;
(b) Provide his or her name, residential address, telephone number, and email address;
(c) Acknowledge that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(d) Consent to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1103.3 Each non-resident petition circulator must present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A government-issued document; or
(d) Any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, and tuition or housing bills from colleges or universities.
1103.4 The proposer shall advise all circulators of the petition that pursuant to D.C. Code § 1-1001.14 (2006 Repl.), it is unlawful to do the following:
(a) Tender any form of compensation to a qualified elector for his or her signature upon any recall petition; or
(b) Make any false statement to the Board concerning any recall petition or the signatures appended to the petition.
1103.5 The proposer of a recall petition for all elected officers, other than member of an Advisory Neighborhood Commission, shall have one hundred and eighty (180) calendar days to secure the proper number of signatures and file the petition with the Board.
1103.6 The proposer of a recall petition for a member of an Advisory Neighborhood Commission shall have sixty (60) calendar days to secure the proper number of signatures and file the petition with the Board.
1103.7 The circulation period for a recall petition shall begin on the date upon which the proposer of the recall formally adopts the original petition form as his or her own form pursuant to § 1101.4.
Subsection 1104.2 of Chapter 11 (Recall of Elected Officials) of Title 3 of DCMR is amended to read as follows:
1104.2 The Board shall refuse to accept a recall petition or individual petition pages for filing when it determines the following:
(a) Except in the case of a recall petition for an Advisory Neighborhood Commissioner, that the financial disclosure statement of the proposer has not been filed pursuant to §§ 204 and 206 of the District of Columbia Campaign Finance and Conflict of Interest Act;
(b) The petition sheet(s) is (are) not in the form certified by the Board in accordance with § 1101;
(c) The restrictions on initiating the recall process established in D.C. Code § 1-1001.17(c) (2006 Repl.), and referred to in § 1100 were not observed;
(d) The circulation and submission period has expired;
(e) The petition on its face does not contain a sufficient number of signatures to qualify for ballot access;
(f) The affidavits of the circulators do not appear on the petition sheets; or
(g) The petition sheets were circulated by persons who did not meet the petition circulator requirements set forth in § 1103.1.
Subsection 1106.12 of Chapter 11 (Recall of Elected Officials) of Title 3 of DCMR is amended to read as follows:
1106.12 A signature shall not be valid in any of the following circumstances:
(a) The signer’s voter registration was deemed "inactive" on the voter roll pursuant to D.C. Official Code § 1-1001.07(j)(2) (2011 Repl.), at the time the petition was signed;
(b) The signer, according to the Board’s records, was not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a "duly registered voter;"
(d) The signature is not dated;
(e) If the petition is to recall an official elected from a ward, Advisory Neighborhood Commission, Single-Member District or school district, the signer was not a "duly registered voter" in the ward or Advisory Neighborhood Commission, Single- Member District or school district at the time the petition was signed;
(f) The petition does not include the printed or typed address of the signer;
(g) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification;
(h) The circulator of the petition page did not meet the petition circulator requirements set forth in §1103.1 at the time the petition was signed or the affidavit of the circulator on the petition page is not completed;
(i) The signer was also the circulator of the same petition page where the signature appears; or
(j) If the petition is to recall an official elected from a ward, Advisory Neighborhood Commission, Single-Member District, or school district, the circulator of the petition sheet was not a registered qualified elector of the ward, Advisory Neighborhood Commission Single-Member District, or school district at the time the petition was signed.
Subsection 1108.3 of Chapter 11 (Recall of Elected Officials) of Title 3 of DCMR is
amended to read as follows:
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 § 1106.12(d)".
Section 1300 (General Provisions) of Chapter 13 (Filling Vacant Seats on Advisory
Neighborhood Commissions) of Title 3 of DCMR is amended to read as follows:
1300.1 For the purposes of this chapter, a vacancy is deemed to exist in the office of a member of an Advisory Neighborhood Commissioner when any of the following occurs and upon the publication of the notice of vacancy in the D.C. Register:
(a) Resignation of the incumbent;
(b) Failure of the incumbent to actually reside in the Single-Member District from which the member is elected and the procedures outlined in § 1304 have been followed;
(c) Holding by the incumbent of another elected public office as defined by D.C. Code § 1-309.05(a)(2) (2006 Repl.);
(d) Death of the incumbent;
(e) Declaration of vacancy by a court;
(f) As the result of a successful recall of the incumbent;
(g) When the office of an Advisory Neighborhood Commissioner from a Single-Member District remains vacant after a general or special election, in which case the effective date of the vacancy is the date on which the Commissioner’s new term would otherwise begin;
(h) When the Board determines, through its established procedure for the maintenance of the voter registration roll, that a Commissioner is no longer a registered qualified elector actually residing in the Single-Member District from which he or she was elected; or
(i) When the incumbent submits a sworn, irrevocable letter of prospective resignation to the Board of Elections, pursuant to § 1303 of this chapter.
1300.2 Except when a vacancy occurs in the office of a member of an Advisory Neighborhood Commission pursuant to § 1300.1(h), the Executive Director or his or her designee shall be authorized to certify the seat vacant.
1300.3 Within ninety (90) days of the date that the Board declares a vacancy, the members of the Advisory Neighborhood Commission area where the vacancy exists shall fill the vacancy pursuant to D.C. Code § 1-309.06(d)(6) (2006 Repl.).
1300.4 Within five (5) days (excluding Saturdays, Sundays, and legal holidays) after the date that the Board declares a vacancy, the Board shall make petitions available for obtaining signatures of registered electors within the affective Single-Member District.
1300.5 In the event petitions are not obtained by any registered qualified elector within the affected Single-Member District within fourteen (14) working days after petitions have been made available, the Board shall republish the notice pursuant to § 1300.1 of this chapter in the D.C. Register.
Section 1302 (Notification of Resignation) of Chapter 13 (Filling Vacant Seats on Advisory
Neighborhood Commissions) of Title 3 of DCMR is amended to read as follows:
1302.1 Any member of an Advisory Neighborhood Commission who resigns from the Single-Member District from which he or she is elected shall submit a copy of the letter of resignation to the following:
(a) The Board of Elections;
(b) The Council of the District of Columbia;
(c) The Mayor;
(d) The Chairperson of the member’s Advisory Neighborhood Commission;
(e) The Vice-chairperson of the member’s Advisory Neighborhood Commission; and
(f) The Office of Advisory Neighborhood Commissions.
1302.2 The Executive Director or his or her designee shall then be authorized to declare the vacancy pursuant to § 1300.1.
Section 1304 (Petition by ANC for Declaration of Vacancy) of Chapter 13 (Filling Vacant
Seats on Advisory Neighborhood Commissions) of Title 3 of DCMR is amended to read as
follows:
1304.1 Absent a letter of resignation, if a vacancy occurs on an Advisory Neighborhood Commission, the affected Advisory Neighborhood Commission shall petition the Board by a resolution, signed by the Chairperson and secretary, to declare the vacancy.
1304.2 Consideration of the resolution by the Advisory Neighborhood Commission shall be held at a public meeting of the Commission, where the Commissioner shall have an opportunity to rebut the alleged vacancy.
1304.3 Prior to the public meeting, the Advisory Neighborhood Commission shall make a good faith effort to notify, in writing, the Commissioner who is the subject of the resolution.
1304.4 Notice of the meeting shall be sent to the Commissioner not later than fifteen (15) days prior to the meeting by certified mail, return receipt requested, and shall provide that the Commissioner shall have an opportunity to rebut the alleged vacancy.
1304.5 The resolution shall be a document, separate from all other papers, which states the reason for the vacancy. A separate resolution shall be required for each vacancy. (See Appendix 13-1.)
1304.6 The resolution shall be accompanied by the following:
(a) The minutes of the meeting at which the resolution was adopted; and
(b) A list of those attending the meeting.
1304.7 A copy of the resolution and accompanying papers shall be sent to the following:
(a) The Board of Elections;
(b) The Council of the District of Columbia;
(c) The Mayor; and
(d) The affected member of the Advisory Neighborhood Commission, if the vacancy is due to removal or ineligibility.
1304.8 The Board shall post, by making available for public inspection, the resolution in the office of the Board for ten (10) working days, beginning on the third working day after receipt of the resolution.
1304.9 Any qualified elector may, within the ten (10) day period, challenge the validity of the resolution by a written statement, duly signed by the challenger and filed with the Board, specifying concisely the alleged defects in the resolution.
1304.10 Within three (3) working days of receipt of a challenge, the Board shall serve, in person or by certified mail, a copy of the challenge upon the Chairperson of the affected Advisory Neighborhood Commission.
1304.11 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged resolution not more than thirty (30) days after the challenge has been filed.
1304.12 If the Board upholds the validity of the resolution, it shall certify the resolution and forward a copy of the certification and the resolution, by personal service or certified mail, within three (3) working days, to the Chairperson of the respective Advisory Neighborhood Commission.
1304.13 If, at the expiration of the challenge period, no challenge has been filed with respect to the resolution, or if the resolution is challenged and its validity upheld, the Board shall certify the vacancy pursuant to § 1300.1.
1304.14 Within three (3) days after the announcement of the determination of the District of Columbia Board of Elections with respect to the validity of the resolution, either the challenger or the affected Single-Member District Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of the determination.
Subsection 1306.7 of Chapter 13 (Filling Vacant Seats on Advisory Neighborhood
Commissions) of Title 3 of DCMR is amended to read as follows:
1306.7 Each circulator shall swear or affirm the following upon oath:
(a) That he or she has personally circulated the petition page;
(b) That he or she personally witnessed the signing of each signature on the petition page;
(c) That he or she has determined from each signer that he or she is a registered voter, in the same Single-Member District from which the candidate seeks appointment or election; and
(d) That he or she meets the petition circulator requirements set forth in § 1307.1.
Section 1307 (Circulation of Petitions and Validity of Signatures on Petitions) of Chapter
13 (Filling Vacant Seats on Advisory Neighborhood Commissions) of Title 3 of DCMR is
amended to read as follows:
1307 CIRCULATION OF PETITIONS AND VALIDITY OF SIGNATURES ON PETITIONS
1307.1 In order to circulate petitions pursuant to this chapter, a person must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Not be incarcerated for a crime that is a felony in the District;
(d) Not have been found by a court of law to be legally incompetent to vote, and;
(e) Either be a resident in the District of Columbia or, if not a resident in the District of Columbia, have registered as a non-resident petition circulator prior to circulating a petition in accordance with Sections §§ 1307.2 and 1307.3.
1307.2 Each petition circulator who is not a resident of the District of Columbia must, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she will:
(a) Provide the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;
(b) Provide his or her name, residential address, telephone number, and email address;
(c) Swear or affirm that he or she, while not a resident of the District of Columbia, is otherwise eligible to vote in the District of Columbia;
(d) Acknowledge that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consent to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1307.3 Each non-resident petition circulator must present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A government-issued document; or
(d) Any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, and tuition or housing bills from colleges or universities.
1307.4 A petition shall contain a minimum total of twenty-five (25) signatures of duly registered qualified electors of the District of Columbia who reside within the Single- Member District from which the candidate seeks appointment.
1307.5 The signature on a petition shall be made by the person whose signature it purports to be, and not by any other person.
1307.6 Registered voters who are unable to sign their names may make their marks in the space provided for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks.
1307.7 A signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as "inactive" on the voter roll pursuant to D.C. Official Code § 1-1001.07(j) (2006 Repl.), at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a duly registered voter;
(d) The signature is not dated;
(e) The signer is not duly registered in the Single-Member District from which the candidate seeks appointment at the time the petition is signed;
(f) The petition does not include the printed or typed address of the signer;
(g) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification; or
(h) The circulator of the petition sheet did not meet the petition circulator requirements set forth in § 1307.1 at the time the petition was signed.
1307.8 For the purposes of this section, a "duly registered voter" shall be a registered qualified elector who is registered to vote at the address listed on the petition as shown on the Board’s voter registration records and whose registration is not designated as inactive on the voter roll at the time the petition is signed.
1307.9 A registered voter may submit a written notarized request to the Board to disallow his or her signature from being counted on the petition; provided, that the request is received by the Board prior to the time the petition is filed.
Subsection 1309.3 of Chapter 13 (Filling Vacant Seats on Advisory Neighborhood
Commissions) of Title 3 of DCMR is amended to read as follows:
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 § 1307.7(d)".
Section 1310 (Appointment of the Commissioner by the Advisory Neighborhood
Commission) of Chapter 13 (Filling Vacant Seats on Advisory Neighborhood Commissions)
of Title 3 of DCMR is amended to read as follows:
1310 APPOINTMENT OR ELECTION OF THE COMMISSIONER BY THE
ADVISORY NEIGHBORHOOD COMMISSION
1310.1 If there is only one person qualified to fill the vacancy within the affected Single-Member District, the vacancy shall be deemed filled by that person, and the Board shall certify that the vacancy has been filled in a publication in the D.C. Register.
1310.2 If the Board transmits a list of qualified candidates containing more than one name, the affected area Advisory Neighborhood Commission shall give notice at a public meeting that at the next regularly scheduled or special meeting there shall be an open vote of the members of the affected Single-Member District to elect the new commissioner.
1310.3 The Board shall provide the affected Advisory Neighborhood Commission with a listing of the registered voters in the Advisory Neighborhood Commission in advance of the open vote.
1310.4 In the event that no qualified candidate submits petitions for election, the Board shall certify the vacancy again by posting it in the D.C. Register.
1310.5 After a vacancy has been filled pursuant to D.C. Official Code § 1-309.06(d)(6) (2006 Repl.), the affected area Advisory Neighborhood Commission shall transmit to the Board a resolution signed by two (2) officers of the Advisory Neighborhood Commission that states the winner of the Advisory Neighborhood Commissioner SMD election and requests that the Board declare the vacancy filled. (See Appendix 13-2 and Appendix 13-3).
1310.6 The Commission shall also transmit a copy of the resolution to the Council of the District of Columbia, the Mayor, and the person appointed or elected by the Commission.
1310.7 The Board shall certify the filling of the vacancy by publication in the D.C. Register.
Section 1401 (Nominating Petitions) of Chapter 14 (Candidates: Political Party Primaries
for Presidential Preference and Convention Delegates) of Title 3 of DCMR is amended to
read as follows:
1401.1 Each nominating petition circulated for signatures shall contain the following:
(a) The full name and state of residence of the presidential candidate;
(b) The name, address, and telephone number of the person circulating the petition; and
(c) A statement that all of the signatories to the petition shall be of the same political party as the nominee.
1401.2 If the plan submitted by the party provides that convention delegates and alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot, each nominating petition shall also list the name, address, voter registration number, and office sought by each candidate for convention delegate or alternate.
1401.3 If the petition is used to nominate an uncommitted delegation pursuant to the party plan, the word "uncommitted" shall be placed on the petition in the space provided for the presidential candidate’s name and state of residence.
1401.4 In order to circulate petitions pursuant to this chapter, a person must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Not be incarcerated for a crime that is a felony in the District;
(d) Not have been found by a court of law to be legally incompetent to vote, and;
(e) Either be a resident in the District of Columbia or, if not a resident in the District of Columbia, have registered as a non-resident petition circulator prior to circulating a petition in accordance with Sections §§ 1401.5 and 1401.6.
1401.5 Each petition circulator who is not a resident of the District of Columbia must, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she will:
(a) Provide the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;
(b) Provide his or her name, residential address, telephone number, and email address;
(c) Swear or affirm that he or she, while not a resident of the District of Columbia, is otherwise eligible to vote in the District of Columbia;
(d) Acknowledge that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consent to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1401.6 Each non-resident petition circulator must present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A government-issued document; or
(d) Any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, and tuition or housing bills from colleges or universities.
1401.7 Each circulator of a petition page shall swear or affirm to the following:
(a) That he or she has personally circulated the petition;
(b) That he or she has personally witnessed the signing of each signature on the petition;
(c) That he or she is responsible for the contents of the petition sheet, and that according to the best information available to the circulator, each signer is a registered, qualified elector of the same party as the candidate; and
(d) That he or she meets the petition circulator requirements set forth in § 1401.4.
1401.8 Signatures appearing on a nominating petition page shall not be counted as valid unless all required information is provided by the circulator in his or her affidavit.
1401.9 The individual who files the petition shall execute an affidavit attesting that to the best of his or her knowledge and belief that the petition being filed is complete and contains the legally required number of valid signatures.
1401.10 If the plan submitted by the party provides that convention delegates and alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot, each candidate for convention delegate/alternate shall file a Declaration of Candidacy with the Board no later than the deadline for filing the petition, under Chapter 6 of this title.
1401.11 A candidate for convention delegate/alternate shall attest, inter alia, that he or she was properly selected, according to the rules of his or her political party.
1401.12 The Board may refuse to accept nominating petitions of individuals who fail to submit the declaration of proper selection required by § 1401.9.
1401.13 No nominating petition shall be issued by the Board unless the name of the presidential candidate is included in all appropriate spaces on the petition form.
1401.14 If the party plan provides that convention delegates and alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot, no nominating petition shall be issued by the Board unless the names of each candidate for delegate/alternate are provided in all appropriate spaces on the petition form.
Subsection 1402.5 of Chapter 14 of Chapter 14 (Candidates: Political Party Primaries
for Presidential Preference and Convention Delegates) of Title 3 of DCMR is amended to
read as follows:
1402.5 A signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll pursuant to D.C. Code § 1-1001.07(j)(2) (2006 Repl.), at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a duly registered voter;
(d) The signature is not dated;
(e) On a petition to nominate a candidate in a primary election, the signer is not registered to vote in the same party as the candidate at the time the petition is signed;
(f) On a petition to nominate a candidate from a ward, where applicable, the signer is not duly registered in the ward from which the candidate seeks election at the time the petition is signed;
(g) On a petition to nominate a candidate from an election district created pursuant to a party plan, the signer is not registered in the election district from which the candidate seeks election at the time the petition is signed;
(h) The petition does not include the printed or typed address of the signer;
(i) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification; or
(j) The circulator of the petition sheet did not meet the requirements set forth in § 1401.4 at the time the petition was signed.
Section 1503 (Circulation of Petitions) of Chapter 15 (Candidates: Electors of President
and Vice-President) of Title 3 of DCMR is amended to read as follows:
1503.1 In order to circulate petitions pursuant to this chapter, a person must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Not be incarcerated for a crime that is a felony in the District;
(d) Not have been found by a court of law to be legally incompetent to vote, and;
(e) Either be a resident in the District of Columbia or, if not a resident in the District of Columbia, have registered as a non-resident petition circulator prior to circulating a petition in accordance with Sections §§ 1503.2 and 1503.3.
1503.2 Each petition circulator who is not a resident of the District of Columbia must, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she will:
(a) Provide the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;
(b) Provide his or her name, residential address, telephone number, and email address;
(c) Swear or affirm that he or she, while not a resident of the District of Columbia, is otherwise eligible to vote in the District of Columbia;
(d) Acknowledge that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consent to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1503.3 Each non-resident petition circulator must present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A government-issued document; or
(d) Any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, and tuition or housing bills from colleges or universities.
1503.4 A petition shall be circulated no earlier than one hundred forty-four (144) days before the date of the presidential election.
Subsection 1504 (Number and Validity of Signatures on Petitions) of Chapter 15
(Candidates: Electors of President and Vice-President) of Title 3 of 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.
1504.2 Signatures appearing on nominating petition sheets shall not be counted as valid unless all required information is provided by the circulator in his or her affidavit.
1504.3 The signature on a petition shall be made by the person whose signature it purports to be and not by any other person.
1504.4 Registered voters who are unable to sign their names may make their marks in the space for signature. These marks may not be counted as valid signatures unless the persons witnessing the marks shall attach to the petitions affidavits that they explained the contents of the petitions to the petitioners and witnessed their marks.
1504.5 The petition shall also contain the signer’s printed or typed name, residence address at which the signer is registered to vote as shown on the Board’s records, and date signed.
1504.6 A signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll pursuant to D.C. Official Code § 1-1001.07(j)(2) at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a duly registered voter;
(d) The signature is not dated;
(e) The petition does not include the printed or typed address of the signer;
(f) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification; or
(g) The circulator of the petition sheet did not meet the petition circulator requirements set forth in § 1503.1 at the time the petition was signed.
1504.7 For the purposes of this section, a "duly registered voter" shall be a registered qualified elector who is registered to vote at the address listed on the petition as shown on the Board’s registration records and whose registration is not designated as inactive on the voter roll at the time the petition is signed.
1504.8 A registered voter may submit a written notarized request to the Board to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received by the Board prior to the time the petition is filed.
1504.9 The failure of the circulator of a nominating petition or individual petition sheets to meet the petition circulator requirements set forth in § 1503.1 shall invalidate the signature of an otherwise registered qualified elector.
1504.10 An address on a petition which is different than the address which appears on the Board’s records shall be deemed valid if the signer’s current address is within the District of Columbia and the signer files a change of address form with the Board during the first 10 days of the period designated for resolving challenges to petitions.
Section 1600 (Nominating Petitions: Primary Election) of Chapter 16 (Candidates:
Delegate to the U.S. House of Representatives, Mayor, Chairman, Members of the Council
of the District of Columbia, U.S. Senator, U.S. Representative, Members of the State Board
of Education, and Advisory Neighborhood Commissioners) of Title 3 of DCMR is amended
to read as follows:
1600.1 A nominating petition form shall be separately prepared and issued by the Board for each candidate seeking nomination in the Primary Election to the office of Delegate, Mayor, Chairman of the Council, Member of the Council, U.S. Senator and U.S. Representative.
1600.2 The information required on the petition form for the Primary Election for the offices of Delegate, Mayor, and Chairman of the Council, Member of the Council, U.S. Senator and U.S. Representative shall do the following:
(a) The front of each page of the petition for the primary election shall contain the name, address, party affiliation, registration number and the office to which the candidate seeks election;
(b) The front page shall also state that the signers of the petition shall be of the same political party as the candidate;
(c) If the candidate is running from a ward, school district or single-member district, the front page shall also state that all signatories shall be registered and be residents of the ward, school district or single-member district from which the candidate seeks election;
(d) The back of each page of the petition shall contain the name, address (telephone number optional) of the person circulating the petition page and the affidavit of circulator required pursuant to § 1600.5 of this Chapter; and
(e) The back of the petition page shall inform the circulator of the penalties for conviction of providing false information in the affidavit of the circulator required pursuant to §1600.5 of this Chapter.
1600.3 No nominating petition form for any of the offices covered by this chapter shall be issued by the Board until the information required pursuant to § 1600.2 of this chapter has been placed in all appropriate spaces on each petition page.
1600.4 The individual who files the petition shall execute an affidavit attesting that to the best of his or her knowledge and belief the petition being filed is complete and contains the legally required number of valid signatures.
1600.5 Each candidate shall file a Declaration of Candidacy and Affidavit of Qualifications, pursuant to Chapter 6 of this title, by no later than the deadline for the filing of nominating petitions.
1600.6 The Board may reject the nominating petition of any individual who fails to submit the required Declaration of Candidacy and Affidavit of Qualifications.
1600.7 No nominating petition shall be issued to any person other than the candidate unless the Board receives written notice from the candidate which authorizes the Board to release petitions in his or her name.
1600.8 The authorization shall include the following:
(a) Candidate’s name;
(b) Office which the candidate seeks; and
(c) Candidate’s signature.
1600.9 A candidate may electronically submit the authorization to the Board by telefacsimile, the original of which must be filed with the Board no later than the deadline for the filing of the nominating petition.
Section 1604 (Circulating of Petitions) of Chapter 16 (Candidates: Delegate to the U.S.
House of Representatives, Mayor, Chairman, Members of the Council of the District of
Columbia, U.S. Senator, U.S. Representative, Members of the State Board of Education,
and Advisory Neighborhood Commissioners) of Title 3 of DCMR is amended to read as
follows:
1604.1In order to circulate petitions pursuant to this chapter, a person must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Not be incarcerated for a crime that is a felony in the District;
(d) Not have been found by a court of law to be legally incompetent to vote, and;
(e) Either be a resident in the District of Columbia or, if not a resident in the District of Columbia, have registered as a non-resident petition circulator prior to circulating a petition in accordance with Sections §§ 1604.2 and 1604.3.
1604.2 Each petition circulator who is not a resident of the District of Columbia must, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she will:
(a) Provide the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;
(b) Provide his or her name, residential address, telephone number, and email address;
(c) Swear or affirm that he or she, while not a resident of the District of Columbia, is otherwise eligible to vote in the District of Columbia;
(d) Acknowledge that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consent to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1604.3 Each non-resident petition circulator must present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A government-issued document; or
(d) Any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, and tuition or housing bills from colleges or universities.
1604.4 Each circulator shall swear or affirm upon oath that he or she:
(a) Has personally circulated the petition;
(b) Has personally witnessed the signing of each signature on the
petition;
(c) Has determined from each signer that he or she is a registered voter, in the same party as the candidate and, where applicable, that the signer is registered in and a resident of the ward, school district or single-member district from which the candidate seeks election; and
(d) Meets the petition circulator requirements set forth in §1604.1.
Subsection 1607.5 of Chapter 16 (Candidates: Delegate to the U.S. House of
Representatives, Mayor, Chairman, Members of the Council of the District of
Columbia, U.S. Senator, U.S. Representative, Members of the State Board of Education,
and Advisory Neighborhood Commissioners) of Title 3 of DCMR is amended to read as
follows:
1607.5 A signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll pursuant to D.C. Official Code § 1-1001.07(j)(2) at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a duly registered voter;
(d) The signature is not dated;
(e) On a petition to nominate a candidate in a primary election, the signer is not registered to vote in the same party as the candidate at the time the petition is signed;
(f) On a petition to nominate a candidate from a ward, school district or single-member district, the signer is not duly registered in the ward, school district or single-member district from which the candidate seeks election at the time the petition is signed;
(g) The petition does not include the printed or typed address of the signer;
(h) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification; or
(i) The circulator of the petition sheet did not meet the petition circulator requirements set forth in §1604.1 at the time the petition was signed.
Section 1703 of Chapter 17 (Candidates: Members and Officials of Local Committees of
Political Parties and National Committee Persons) of Title 3 of DCMR is amended to read
as follows:
1703.1 In order to circulate petitions pursuant to this chapter, a person must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Not be incarcerated for a crime that is a felony in the District;
(d) Not have been found by a court of law to be legally incompetent to vote, and;
(e) Either be a resident in the District of Columbia or, if not a resident in the District of Columbia, have registered as a non-resident petition circulator prior to circulating a petition in accordance with Sections §§ 1703.2 and 1703.3.
1703.2 Each petition circulator who is not a resident of the District of Columbia must, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she will:
(a) Provide the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;
(b) Provide his or her name, residential address, telephone number, and email address;
(c) Swear or affirm that he or she, while not a resident of the District of Columbia, is otherwise eligible to vote in the District of Columbia;
(d) Acknowledge that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;
(e) Consent to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.
1703.3 Each non-resident petition circulator must present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:
(a) A copy of a current and valid government-issued photo identification;
(b) A copy of a current utility bill, bank statement, government check, paycheck;
(c) A government-issued document; or
(d) Any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, and tuition or housing bills from colleges or universities.
1703.4 Each circulator shall swear or affirm upon oath that he or she:
(a) Personally circulated the petition;
(b) Personally witnessed the signing of each signature on the petition;
(c) Determined from each signer that he or she is a registered voter in the same party and, if applicable, the same ward, as the candidate.
1703.5 Signatures appearing on nominating petition sheets shall not be counted as valid unless all required information is provided by the circulator in his or her affidavit.
Subsection 1704.7 of Chapter 17 (Candidates: Members and Officials of Local Committees
of Political Parties and National Committee Persons) of Title 3 of DCMR is amended to
read as follows:
1704.7 A signature shall not be counted as valid in any of the following circumstances:
(a) The signer’s voter registration was designated as inactive on the voter roll under D.C. Official Code § 1-1001.07(j)(2) (2006 Repl.) at the time the petition was signed;
(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed;
(c) The signer is not a duly registered voter;
(d) The signature is not dated;
(e) The signer is not registered to vote in the same party as the candidate at the time the petition is signed;
(f) On a petition to nominate a candidate from a ward, the signer is not duly registered in the ward from which the candidate seeks election at the time the petition is signed;
(g) The petition does not include the printed or typed address of the signer;
(h) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification; or
(i) The circulator of the petition sheet did not meet the petition circulator requirements set forth in § 1703.1 at the time the petition was signed.
All persons desiring to comment on the subject matter of this proposed rulemaking should file written comments by no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, Board of Elections, 441 4th Street, N.W., Suite 270N, Washington, D.C. 20001. Please direct any questions or concerns to the Office of the General Counsel at 202-727-2194 or ogc@dcboee.org. Copies of the proposed rules may be obtained at cost from the above address, Monday through Friday, between the hours of 9:00 a.m. and 4:00 p.m.
[rkc1]Not yet published in the Register. Last week, the emergency declaration resolution was published so I suspect this act may be published this Friday.
