4988436 Elections, Board of - Notice of Final Rulemaking - The amendments establish the maximum number of signatures that the Board will consider on nominating and ballot measure petitions
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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) (2012 Repl.), hereby gives notice of final rulemaking action to adopt amendments to the following chapters in Title 3, “Elections and Ethics”, of the District of Columbia Municipal Regulations (DCMR): Chapter 10, “Initiative and Referendum”; Chapter 11, “Recall of Elected Officials”; 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.”
The amendments to these chapters establish the maximum number of signatures that the Board will consider on nominating and ballot measure petitions, and provide that the Board will accept only the number of petition sheets that bear the maximum number of signatures allowed, and return the petition sheets containing signatures in excess of that number.
A Notice of Proposed Rulemaking with respect to these amendments was published in the D.C. Register on May 9, 2014, at 60 DCR 004723. No written comments on the proposed rules were received during the public comment period, and no substantive changes have been made to the regulations as proposed. The Board took final rulemaking action with respect to these amendments at a regular meeting on Wednesday, July 2, 2014.
These final rules will become effective upon publication of this notice in the D.C. Register.
Section 1003 (Signature Requirements) of Chapter 10 (Initiative and Referendum) of Title 3 (Elections and Ethics) of the District of Columbia Municipal Regulations (DCMR) is amended in its entirety to read as follows:
1003 SIGNATURE REQUIREMENTS
1003.1 In order for an initiative or referendum measure to obtain ballot access, it must be supported by a petition filed with the Board that contains the valid signatures of at least five percent (5%) of the registered qualified electors of the District of Columbia, provided that the total number of signatures submitted shall include at least five percent (5%) of the registered qualified electors in at least five (5) of the eight (8) election wards.
1003.2 The maximum number of signatures that the Board will accept for filing is two (2) times the minimum number of signatures as required by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1005.2 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.
1003.3 The Board shall use the latest official count of registered qualified electors made at least thirty (30) days prior to submission of the signatures for the particular initiative or referendum measure to determine the minimum number of signatures required for ballot access.
Section 1103 (Signature Requirements) of Chapter 11 (Recall of Elected Officials) of 3 DCMR is amended in its entirety to read as follows:
1103 SIGNATURE REQUIREMENTS
1103.1 In order for a recall measure to obtain ballot access, it must be supported by a petition filed with the Board that contains the valid signatures of at least ten percent (10%) of the registered qualified electors of the District of Columbia, provided that the total number of signatures submitted shall include ten percent (10%) of the registered electors in at least five (5) of the eight (8) election wards.
1103.2 A petition to recall an elected official from a ward shall contain the valid signatures of at least ten percent (10%) of the registered qualified electors of the ward from which the official was elected.
1103.3 A petition to recall an elected official from a Single-Member District shall contain the valid signatures of at least ten percent (10%) of the registered qualified electors of the Single-Member District from which the official was elected.
1103.4 The maximum number of signatures that the Board will accept for filing with respect to an office is two (2) times the minimum number of signatures as required for that office by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1105.2 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.
1103.5 The Board shall use the latest official count of registered qualified electors made at least thirty (30) days prior to submission of the signatures for the particular recall measure to determine the minimum number of signatures required for ballot access.
Section 1403 (Signature Requirements) of Chapter 14 (Candidates: Political Party Primaries for Presidential Preference and Convention Delegates) of 3 DCMR is amended in its entirety to read as follows:
1403 SIGNATURE REQUIREMENTS
1403.1 To obtain ballot access, a candidate shall submit a nominating petition that contains, at a minimum, the lesser of:
(a) One thousand (1,000) valid signatures of registered qualified electors who are registered in the same political party as the candidate(s); or
(b) The valid signatures of one percent (1%) of registered qualified electors of the District who are registered in the same political party as the candidate(s) as shown by the records of the Board as of the 144th day before the date of the presidential preference primary.
1403.2 The maximum number of signatures that the Board will accept for filing is two (2) times the minimum number of signatures as required by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1405.1 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.
Section 1503 (Signature Requirements) of Chapter 15 (Candidates: Electors of President and Vice-President) of 3 DCMR is amended in its entirety to read as follows:
1503 SIGNATURE REQUIREMENTS
1503.1 To obtain ballot access, a candidate shall submit a nominating petition that contains the valid signatures of at least one percent (1%) of the registered qualified electors of the District as shown by the records of the Board as of the 144th day before the date of the presidential election.
1503.2 The maximum number of signatures that the Board will accept for filing is two (2) times the minimum number of signatures as required by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1505.1 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.
Section 1603 (Signature Requirements) 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 3 DCMR is amended in its entirety to read as follows:
1603 SIGNATURE REQUIREMENTS
1603.1 To obtain primary election ballot access, a candidate for the office of Delegate, Mayor, Attorney General, Chairman of the Council, At-Large Member of the Council, U.S. Senator or U.S. Representative shall submit a nominating petition that contains, at a minimum, the lesser of:
(a) Two thousand (2,000) valid signatures of registered qualified electors who are registered in the same political party as the candidate; or
(b) The valid signatures of one percent (1%) of registered qualified electors of the District who are registered in the same political party as the candidate as shown by the records of the Board as of the 144th day before the date of the primary election.
1603.2 To obtain primary election ballot access, a candidate for the office of Member of the Council elected from a ward shall submit a nominating petition that contains, at a minimum, the lesser of:
(a) Two hundred fifty (250) valid signatures of registered qualified electors who are registered in the same political party and ward as the candidate; or
(b) The valid signatures of one percent (1%) of registered qualified electors of the District who are registered in the same political party and ward as the candidate as shown by the records of the Board as of the 144th day before the date of the primary election.
1603.3 To obtain general or special election (Direct Access Nomination) ballot access, a candidate for the office of Delegate, Mayor, Attorney General, Chairman of the Council, At-Large Member of the Council, U.S. Senator, or U.S. Representative shall submit a nominating petition that contains, at a minimum, the lesser of:
(a) Three thousand (3,000) valid signatures of registered qualified electors in the District; or
(b) The valid signatures of one and one-half per cent (1.5%) of registered qualified electors of the District as shown by the records of the Board as of the 144th day before the date of the election.
1603.4 To obtain general or special election (Direct Access Nomination) ballot access, a candidate for the office of Member of the Council from a ward shall submit a nominating petition that contains the valid signatures of at least five hundred (500) registered qualified electors who are registered in the same ward as the candidate.
1603.5 To obtain ballot access, a candidate for the office of Member of the State Board of Education elected at-large shall submit a nominating petition that contains the valid signatures of at least one thousand (1,000) registered qualified electors.
1603.6 To obtain ballot access, a candidate for the office of Member of the State Board of Education elected from a ward shall submit a nominating petition that contains the valid signatures of at least two hundred (200) registered qualified electors who are registered in the same ward as the candidate.
1603.7 To obtain ballot access, a candidate for the office of Advisory Neighborhood Commissioner shall submit a nominating petition that contains the valid signatures of at least twenty-five (25) registered qualified electors who are registered in the same single-member district as the candidate.
1603.8 The maximum number of signatures that the Board will accept for filing with respect to an office is two (2) times the minimum number of signatures as required for that office by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1605.1 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.
Section 1703 (Signature Requirements) of Chapter 17 (Candidates: Members and Officials of Local Committees of Political Parties and National Committee Persons) of 3 DCMR is amended in its entirety to read as follows:
1703 SIGNATURE REQUIREMENTS
1703.1 To obtain ballot access, a candidate for the office of national committee person shall submit a nominating petition that contains, at a minimum, the lesser of:
(a) Five hundred (500) valid signatures of registered qualified electors who are registered in the same political party as the candidate; or
(b) The valid signatures of one percent (1%) of registered qualified electors who are registered in the same political party as the candidate.
1703.2 To obtain ballot access, a candidate for the office of member or officer of a local party committee elected at-large shall submit a nominating petition that contains, at a minimum, the lesser of:
(a) Five hundred (500) valid signatures of registered qualified electors who are registered in the same political party as the candidate; or
(b) The valid signatures of one percent (1%) of registered qualified electors who are registered in the same political party as the candidate.
1703.3 To obtain ballot access, a candidate for the office of member or officer of a local party committee elected from a ward shall submit a nominating petition that contains, at a minimum, the lesser of:
(a) One hundred (100) valid signatures of registered qualified electors who are registered in the same political party and ward as the candidate; or
(b) The valid signatures of one percent (1%) of registered qualified electors who are registered in the same political party and ward as the candidate.
1703.4 The maximum number of signatures that the Board will accept for filing for an office is two (2) times the minimum number of signatures as required for that office by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1705.1 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.
