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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS
NOTICE OF FINAL RULEMAKING
The District of Columbia Board of Elections, pursuant to the authority set forth in D.C. Official Code § 1-1001.05(a)(14) (2011 Repl.), hereby gives notice of final rulemaking action to adopt amendments to 3 DCMR chapter 4,“Hearings;” 3 DCMR chapter 6, “Eligibility of Candidates;” 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: Delegates US House of Representatives, Mayor, Chairman, and Members of the Council of the District of Columbia, U.S. Senator, U.S. Representative, Members of the Board of Education and Advisory Neighborhood Commission;” and 3 DCMR chapter 17, “Candidates: 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 Tuesday, May 8, 2012.
The amendments to chapters 4 and 13-17 establish a timeframe wherein individuals may appeal the decisions of one (1)-member panels of the Board. Amendments to chapter 6 bring Board regulations in compliance with court precedent concerning ineligibility of write-in candidate contest winners. Amendments to chapters 10 and 11 establish an additional validity requirement for signatures appearing on petitions for initiative, referenda, and recall measures.
A Notice of Proposed Rulemaking with respect to these amendments was published in the D.C. Register on March 23, 2012, at 59 DCR 2339. No written comments on the proposed rules were received during the public comment period, and no changes have been made to the substance of the regulations as proposed.
These final rules will become effective upon publication of this notice in the D.C. Register.
Section 433 (Appealing Decisions from One-Member Panels) of chapter 4 (Hearings) of 3 DCMR is added to read as follows:
433 APPEALING DECISIONS FROM ONE-MEMBER PANELS
433.1 Unless otherwise specified in this title, any appeal of the decision of a one (1)-member panel to the full Board, as provided in D.C. Official Code§1-1001.05(g) (2011 Repl.) must be made by the adversely affected party within the same time period as any appeal of a final Board Decision to the D.C. Superior Court or the D.C. Court of Appeals.
433.2 Any decision of a one (1)-member panel, if not appealed in a timely manner, becomes a final decision of the Board.
433.3 The Board may, by a majority, dismiss a request for an appeal of a one (1)-member panel. If an appeal request is dismissed, the decision of a one-member panel becomes a final decision of the Board.
Section 605 (Determination of Eligibility of Write-In Candidates) of chapter 6 (Eligibility of Candidates) of 3 DCMR is amended to read as follows:
605 DETERMINATION OF ELIGIBILITY OF WRITE-IN CANDIDATES
605.1 Within three (3) days of the date on which an Affirmation of Write-in Candidacy is filed, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the affirmant to be a candidate for the particular office sought.
605.2 Notice of the determination shall be served immediately by mail upon any affirmant found to be ineligible.
605.3 The determination shall be based solely upon information contained in the Affirmation of Write-in Candidacy and upon information contained in other public records and documents that the Board maintains.
605.4 The determination shall in no way be deemed to preclude further inquiry into or challenge to such individual’s eligibility for candidacy or office made prior to the certification of election results by the Board and based upon information which is not known to the Board at the time of the preliminary determination, or upon evidence of changed circumstances.
605.5 The criteria used for determining eligibility to be a write-in candidate shall be limited to the appropriate statutory requirements for the particular office sought.
605.6 If a write-in winner is declared ineligible after the election, no winner shall be declared.
Section 1009 (Validity of Signatures on Petitions) of chapter 10 (Intitative and Referendum) of 3 DCMR is amended to read as follows:
1009 VALIDITY OF SIGNATURES ON PETITIONS
1009.1 The signature on a petition shall be made by the person whose signature it purports to be and not by any other person.
1009.2 Registered voters who are unable to sign their names may make their marks in the space provided for signatures. These marks shall not be counted as valid signatures unless the person(s) witnessing the marks has attached an affidavit to the petition, wherein it is stated that the contents of the petition were explained to the signatory and that the affiant witnessed their marks.
1009.3 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, ward number, and the date signed.
1009.4 A signature may not be counted as valid unless all required information is provided.
1009.5 If a person has signed an initiative or referendum petition more than once, only one (1) signature shall be counted for that person.
1009.6 The circulator of a petition page may not act as witness to his or her own petition signature on that page.
1009.7 If a person who has signed a petition is a qualified registered elector in a ward other than that which was indicated on the petition sheet, that person’s signature shall be counted from the proper ward in which he or she resides.
1009.8 When some but not all signatures on a petition have been signed outside the presence of the circulator, only those signatures signed outside the circulator’s presence shall be invalid, and the remaining signatures on the sheet shall be deemed valid if there are no other defects in the signatures.
1009.9 In addition to the signature of the registered voter, the petition shall contain the voter’s current residence address and the date the voter signed the petition.
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 was not a resident of the District of Columbia and at least eighteen (18) years of age at the time the petition was signed.
1009.11 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 "inactive" on the voter roll at the time the petition is signed.
1009.12 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
Section 1106 (Validity of Signatures on Petitions) of chapter 11 (Recall of Elected Officials) of 3 DCMR is amended to read as follows:
1106 VALIDITY OF SIGNATURES ON PETITIONS
1106.1 The signatures on a petition shall be made by the person whose signature it purports to be and not by any other person.
1106.2 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, ward number, and the date signed.
1106.3 Registered voters who are unable to sign their names may make their marks in the space provided for signatures.
1106.4 Marks by voters who are unable to sign their names shall not be counted as valid signatures unless the person(s) witnessing the marks has attached an affidavit to the petition, wherein it is stated that the contents of the petition were explained to the signatory and that the affiant witnessed their marks.
1106.5 A signature shall not be counted as valid unless all required information is provided.
1106.6 The circulator of a petition page may not act as witness to his or her own petition signature on that page.
1106.7 Where a person has signed a recall petition more than once, only one (1) signature shall be counted for that person.
1106.8 Where a person who has signed a recall petition for an elected official from a Single-Member District is, on the date signed, a registered qualified elector in a Single- Member District other than that which was indicated on the petition sheet, that person’s signature shall not be counted toward determining whether the recall measure qualifies.
1106.9 Where a person who has signed a recall petition for an elected official from a ward or school district is, on the date signed, a qualified registered elector in a ward or school district other than that which was indicated on the petition sheet, that person’s signature shall not be counted toward determining whether the recall measure qualifies.
1106.10 Where a person who has signed a recall petition for an officer elected at-large is a qualified registered elector in a ward other than that which was indicated on the petition sheet, that person’s signature shall be counted from the proper ward in which he or she resides in determining whether a recall measure for an at-large elected officer qualifies.
1106.11 In addition to the signature of the registered voter, the petition shall contain the voter’s current residence address and the date the voter signed the petition.
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 was not a registered qualified elector of the District of Columbia 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.
1106.13 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 was not deemed "inactive" at the time the petition is signed.
1106.14 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 is received by the Board prior to the time the petition is filed.
Section 1309 (Posting of Petitions for Public Inspection), subsection 1309.15 of chapter 13 (Filling Vacant Seats on Advisory Neighborhood Commissions) of 3 DCMR is amended to read as follows:
1309.15 If a one (1)-member Board panel makes a determination on the validity of a challenged nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
Section 1404 (Posting of Nominating Petitions), subsection 1404.15 of chapter 14 (Candidates: Political Party Primaries for Presidential Preference and Convention Delegates) of 3 DCMR is amended to read as follows:
1404.15 If a one (1)-member Board panel makes a determination on the validity of a challenged nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
Section 1506 (Posting of Nominating Petitions), subsection 1506.15 of chapter 15 (Candidates: Electors of President and Vice President) of 3 DCMR is amended to read as follows:
1506.15 If a one (1)-member Board panel makes a determination on the validity of a challenged nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
Section 1609 (Posting of Nominating Petitions), subsection 1609.15 chapter 16 (Candidates: Delegate to the U.S. House of Representatives, Mayor, Chairman, Members of the Council of the Council of the District of Columbia, U.S. Senator, U.S. Representative, the State Board of Education, and Advisory Neighborhood Commissioners) of 3 DCMR is amended to read as follows:
1609.15 If a one (1)-member Board panel makes a determination on the validity of a challenged nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
Section 1706 (Posting of Nominating Petitions), subsection 1706.15 of chapter 17 (Candidates: Members and Officials of Local Committees of Political Parties and National Committee Persons) of 3 DCMR shall be amended as follows:
1706.15 If a one (1)-member Board panel makes a determination on the validity of a challenged nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; Provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.
