5612728 Elections, Board of - Notice of Proposed Rulemaking - Amendments to Chapters 1-3, 5-11 and 14-17 to bring the rules into conformity with the Voter Registration Access and Modernization Amendment Act of 2014, and the Primary Date Alteration ...
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DISTRICT OF COLUMBIA BOARD OF ELECTIONS
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Board of Elections, pursuant to the authority set forth the District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2014 Repl.)), 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 1 (Organization of the Board of Elections and Ethics); Chapter 2 (Political and Ethical Conduct of Board Members and Employees); Chapter 3, (Advisory Opinions of the Board); Chapter 5 (Voter Registration); Chapter 6 (Eligibility of Candidates); Chapter 7 (Election Procedures); Chapter 8 (Tabulation and Certification of Election Results); Chapter 9 (Filling Vacancies), Chapter 10 (Initiative and Referendum); Chapter 11 (Recall of Elected Officials); Chapter 14 (Candidate Nominations: Political Party Primaries for Presidential Preference and Convention Delegates); Chapter 15 (Candidate Nominations: Electors of President and Vice-President of the United States); Chapter 16 (Candidate Nomination: Delegate to the U.S. House of Representatives, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, U.S. Representative, Members of the State Board of Education, and Advisory Neighborhood Commissioner); and Chapter 17 (Candidates: Members and Officials of Local Committees of Political Parties and National Committeepersons).
The proposed amendments will bring the rules into conformity with the Voter Registration Access and Modernization Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-158; 62 DCR 003604 (March 27, 2015)), and the Primary Date Alteration Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-273; 62 DCR 006644 (May 22, 2015)).
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.
Chapter 1 of Title 3 DCMR, ELECTIONS AND ETHICS, is amended in its entirety to read as follows:
CHAPTER 1 ORGANIZATION OF THE BOARD OF ELECTIONS
100 ESTABLISHMENT AND AUTHORITY OF THE BOARD OF ELECTIONS
101 OFFICE OF CAMPAIGN FINANCE
102 ORGANIZATION OF THE BOARD OF ELECTIONS
103 EXECUTIVE SESSIONS
104 ORDERS OF THE BOARD
105 WRITTEN COMMUNICATIONS
100 ESTABLISHMENT AND AUTHORITY OF THE BOARD OF ELECTIONS
100.1 The District of Columbia Board of Elections is established under § 3 of the District of Columbia Election Act, approved August 12, 1955 (69 Stat. 699 (1955); D.C. Official Code §§ 1-1001.02, 1-1103.05(a) (2014 Repl.)).
100.2 The District of Columbia Board of Elections is vested with authority to administer and enforce the provisions of the District of Columbia Election Act, as amended, the District of Columbia Campaign Finance Reform and Conflict of Interest Act, approved August 14, 1974 (88 Stat. 446; D.C. Official Code §§ 1-1101.01 et seq. (2014 Repl.)).
100.3 The Board is composed of three (3) members, no more than two (2) of whom shall be members of the same political party, who are appointed by the Mayor and confirmed by the Council of the District of Columbia.
100.4 The Mayor designates, from time to time, the Chairperson of the Board.
100.5 The Board shall appoint an Executive Director who is primarily responsible for the administrative operations of the Board, including personnel liaison, budget submission, accounting, management of data processing systems, procurement of supplies and services, maintenance of voter records, election preparation, and other duties as delegated or assigned by the Board.
100.6 The Board shall appoint a General Counsel who shall be the Board’s chief legal advisor and primarily responsible for representing the Board in all judicial proceedings relating to local elections, campaign finance, conflict of interest and lobbying laws. The General Counsel shall perform other duties delegated or assigned by the Board.
100.7 The Executive Director and the General Counsel shall be accountable solely to the Board.
101 OFFICE OF CAMPAIGN FINANCE
101.1 The Office of the Director of Campaign Finance is established by law under the jurisdiction of the District of Columbia Board of Elections.
101.2 The Administrator of the Office of Campaign Finance is the "Director of Campaign Finance," who is appointed by, and serves at the pleasure of, the Board.
101.3 The Director of Campaign Finance is responsible for the administrative operations of the Board pertaining to the Campaign Finance Act and other duties delegated or assigned by the Board.
102 ORGANIZATION OF THE BOARD OF ELECTIONS
102.1 Except as provided otherwise by statute, a quorum of the Board shall consist of no less than two (2) members of the Board and shall be necessary to conduct official Board business.
102.2 At the beginning of each calendar year, a preliminary schedule of regular meetings for the year, which the Board has discretion to change, will be published in the D.C. Register.
102.3 The Board may hold a pre-meeting immediately prior to commencing a regular meeting for the sole purpose of administrative action, which does not include the deliberation or taking of official action.
102.4 Regularly scheduled Board meetings shall be held on the first Wednesday of each month, or at least once each month, at a time to be determined by the Board. Additional meetings may be called as needed by the Board.
102.5 Notice of all regular and additional meetings of the Board will be published on the Board's web site at least forty-eight (48) hours in advance, except in the case of emergency.
102.6 The Board may exercise its discretion and reschedule a regular meeting or call special meetings when necessary with reasonable notice to the public.
102.7 The Board encourages comments on any issue under the jurisdiction of the Board at its regular meetings and will provide the public with a reasonable opportunity to appear before the Board and offer such comments.
102.8 To ensure the orderly conduct of public Board meetings, public comments may be limited with respect to the number of speakers permitted and the amount of time allotted to each speaker; however, the Board will not discriminate against any speaker on the basis of his or her position on a particular matter.
102.9 Any member of the public who intends to comment regarding any agenda item or any issue under the jurisdiction of the Board is encouraged to notify the Board in advance of his or her intent to do so, providing his or her name and the topic on which he or she wishes to speak. Such notification may be provided by e-mail to ogc@dcboee.org, by fax to (202) 741-8774, by telephone at (202) 727-2194, by mail to 441 4th Street, NW, Suite 270 North, Washington, DC 20001, or in person at the Board’s office. No person shall be prevented from speaking at a Board meeting simply because he or she has not provided advance notice of his or her intent to do so.
102.10 Members of the public who wish to submit items for consideration by the Board shall do so in writing one (1) week in advance. Failure to submit an item in advance as required may, within the Board’s discretion, result in the matter being continued until the next regularly scheduled meeting.
103 EXECUTIVE SESSIONS
103.1 For the purposes of this chapter, the term "executive session" means a Board meeting where the public, employees of the Board, or any other persons may be excluded.
103.2 The Board may enter into executive session, and discuss any matter upon which it will not vote, make resolutions or rulings, or take action of any kind, including the following:
(a) Personnel matters, including the recruitment, appointment, employment, assignment, promotion, discipline, compensation, removal, or resignation of employees, or other individuals over whom it has jurisdiction;
(b) Employee disciplinary actions;
(c) General Counsel briefings on litigation strategy;
(d) Confidential proceedings under the Campaign Finance Act;
(e) Quasi-judicial deliberations;
(f) Matters which would result in the disclosure of information specifically exempted from disclosure by statute;
(g) Matters which would result in the disclosure of trade secrets and commercial or financial information;
(h) Matters which would involve a clear and unwarranted invasion of privacy, an accusation of a crime, or formal censure; and
(i) Matters which would result in the disclosure investigatory records compiled for law enforcement purposes.
104 ORDERS OF THE BOARD
104.1 The Chairperson shall approve or disapprove Board orders in writing with his or her signature, as may be appropriate.
104.2 The Chairperson shall be legally bound to administer a Board order notwithstanding the fact that he or she may have disapproved the order.
105 WRITTEN COMMUNICATIONS
105.1 For the purposes of this chapter, the term "written communications" means letters, memoranda, or other documents.
105.2 All requests for documents shall be handled in accordance with procedures set forth in the District of Columbia Freedom of Information Act.
105.3 Where a majority of the Board votes to issue a communication, the Chairperson or the Chairperson’s designee may sign the document and issue it on behalf of the Board.
Chapter 2 is amended in its entirety to read as follows:
CHAPTER 2 POLITICAL AND ETHICAL CONDUCT OF BOARD
MEMBERS AND EMPLOYEES
200 ESTABLISHMENT AND AUTHORITY OF THE BOARD OF ELECTIONS
201 POLITICAL ACTIVITY OF MEMBERS AND EMPLOYEES OF THE BOARD
202 POLITICAL ACTIVITY OF POLLING PLACE OFFICIALS
203 ETHICAL CONDUCT
200 ESTABLISHMENT AND AUTHORITY OF THE BOARD OF ELECTIONS
200.1 The purpose of this chapter is to establish standards of conduct for members and employees of the District of Columbia Board of Elections and polling place officials for their official activities in order to maintain public confidence in the integrity of those persons responsible for the administration of the election laws and the conduct of the electoral process in the District of Columbia.
200.2 The provisions of this chapter shall solely govern the political and ethical conduct of the members and employees of the Board and polling place officials and are not intended to be exclusive of rules governing the ethical conduct of all District of Columbia Government employees.
201 POLITICAL ACTIVITY OF MEMBERS AND EMPLOYEES OF THE BOARD
201.1 Except as provided in this section, nothing in this chapter shall be construed as prohibiting the members or employees of the Board from doing any of the following:
(a) Exercising the right to vote at any election conducted in the District of Columbia or elsewhere;
(b) Signing any nominating, initiative, referendum or recall petition; or
(c) Attending candidate forums.
201.2 No member or employee of the Board shall:
(a) Be a candidate or nominee for any elected office;
(b) Hold any office in any political party or political committee; or
(c) Participate in the activities of or contribute to any political committee of any candidate for District office or for or against any ballot measure in the District of Columbia.
201.3 A member or employee of the Board shall not engage in any activity, including attending political dinners, fundraisers, parties, meetings or conferences which would imply support of or opposition to a local candidate or group of candidates for office, as defined in § 9900, a local political party or political committee, or an initiative, referendum, or recall measure to appear on the ballot in the District of Columbia.
202 POLITICAL ACTIVITY OF POLLING PLACE OFFICIALS
202.1 Polling place officials shall be governed by the provisions of this section while employed by the Board. A polling place official is employed by the Board during any hours that he or she is performing services for the Board.
202.2 A polling place official shall not:
(a) Be a candidate or nominee for any elected office, except that a polling place official may be a candidate for office of Advisory Neighborhood Commissioner. In such instances, the polling place official shall not be assigned to work at a precinct within the Advisory Neighborhood Commission Single-Member District in which he or she is a candidate for office;
(b) Hold any office in any political party or political committee; or
(c) Participate in the activities of any candidate or political committee for or against any ballot measure in the election held in the District of Columbia.
202.3 Political activity conducted by polling place officials prior to employment will not disqualify a polling place official from service.
203 ETHICAL CONDUCT
203.1 A member or employee of the Board shall not directly or indirectly give any person who is not a member or employee of the Board access to official information obtained through or in connection with his or her employment which has not been released to the general public or which is not a matter of public record.
203.2 A member or employee of the Board shall not solicit or accept, either directly or through the intercession of others, any fee, gift, gratuity, favor, loan, entertainment, or other thing of monetary value from any person, organization, or entity which:
(a) Has obtained, or is seeking to obtain, contractual or other business or financial relations with the Board;
(b) Conducts operations or activities that are regulated or examined by the Board; or
(c) Has interests that may be favorably affected by the action or inaction of the member employee in the performance of his or her official duties.
203.3 The restrictions set forth in § 203.2 of this section shall not apply to any of the following:
(a) Obvious personal relationships, such as those that exist between an employee or member and his or her parents, children, or spouse;
(b) The acceptance of food and refreshment of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting;
(c) The acceptance of loans from financial institutions on customary terms to finance the acquisition of a car, home, appliance, or other personal items;
(d) The acceptance of unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, and like items of nominal intrinsic value; or
(e) The acceptance of a voluntary gift of nominal value of a cash donation in a nominal amount which is presented on a special occasion such as marriage, illness, or retirement.
203.4 A member or employee of the Board shall not directly or indirectly use or allow the use of government property of any kind, including office machines, motor vehicles, materials, supplies or funds, for other than officially approved activities.
203.5 Without prior approval of the Board, a member or employee of the Board shall not accept any reimbursement for expenses or receive any other honorarium or fee for any service, speech, or other activity which is rendered as a result of his or her official duties with the Board, whether or not such activities were performed during official working hours.
203.6 Board members and employees shall not engage in any employment which is incompatible with the full and proper discharge of their government responsibilities.
203.7 No Board member or employee shall do indirectly (by, through, or with other persons) those acts or actions which the Board member or employee are prohibited from doing directly under the restrictions set forth in this chapter.
203.8 An employee shall promptly report to his or her immediate supervisor any attempt to direct or otherwise unlawfully influence the discharge of that employee’s official duties.
Section 301, REQUESTS FOR ADVISORY OPINIONS, of Chapter 3, ADVISORY OPINIONS OF THE BOARD, is amended in its entirety to read as follows:
301 REQUESTS FOR ADVISORY OPINIONS
301.1 A request for an advisory opinion shall be in writing, signed by the requestor and filed with the General Counsel to the Board of Elections.
301.2 Upon receipt of a request for an advisory opinion relative to the Campaign Finance Act, the General Counsel shall transmit a copy of the request for an advisory opinion to the Director of Campaign Finance.
301.3 A request for an advisory opinion shall contain the following:
(a) The full name, residence address, and telephone number of the requestor; and
(b) A clear and concise statement of the facts relating to the specific transaction or activity which constitute a violation of the law.
Chapter 5 is amended in its entirety to read as follows:
CHAPTER 5 VOTER REGISTRATION
500 GENERAL REQUIREMENTS AND QUALIFICATIONS
501 VOTER REGISTRATION INFORMATION
502 QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS
503 [REPEALED]
504 REGISTRATION THROUGH VOTER REGISTRATION AGENCIES (VRAs)
505 VOTER REGISTRATION APPLICATION DISTRIBUTION AGENCIES
506 [REPEALED]
507 [REPEALED]
508 REGISTRATION THROUGH THE DEPARTMENT OF MOTOR VEHICLES
509 VOTER REGISTRATION APPLICATION PROCESSING: BY MAIL
510 VOTER REGISTRATION APPLICATION PROCESSING: IN-PERSON AT THE BOARD OF ELECTIONS OR A VOTER REGISTRATION AGENCY (VRA)
511 VOTER REGISTRATION APPLICATION PROCESSING: DIGITAL VOTER SERVICE SYSTEM
512 VOTER REGISTRATION APPLICATION PROCESSING FOR QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS
513 VOTER REGISTRATION APPLICATION PROCESSING: AT THE POLLS, EARLY VOTING CENTERS, AND DURING IN-PERSON ABSENTEE VOTING
514 NOTIFICATION OF ACCEPTANCE OF REGISTRATION OR CHANGE OF REGISTRATION
515 CHANGES IN REGISTRATION: NAME
516 CHANGES IN REGISTRATION: ADDRESS
517 CHANGES IN REGISTRATION: POLITICAL PARTY
518 SYSTEMATIC VOTER ROLL MAINTENANCE PROGRAM: BIENNIAL MAIL CANVASS
519 VOTER ROLL MAINTENANCE PROGRAM
520 CANCELLATION OF VOTER REGISTRATION: GENERAL GROUNDS AND PROCEDURES
521 CANCELLATION OF VOTER REGISTRATION: CHALLENGE AND REQUEST FOR ADDITIONS TO REGISTRATION ROLL
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) (2014 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 Department of Motor Vehicles (DMV)-issued identification 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.
500.9 Unless otherwise specified in this chapter, the effective date of registration, or updates thereto, shall be the date that the application was received.
500.10 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.
500.11 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 (“ANC SMD”).
500.12 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.
500.13 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) (2014 Repl.).
500.14 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.
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 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.
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.
503 [REPEALED]
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.
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.
506 [REPEALED]
507 [REPEALED]
508 REGISTRATION THROUGH THE DEPARTMENT OF MOTOR VEHICLES
508.1 The Department of Motor Vehicles (DMV) and the Board of Elections shall jointly develop a voter registration application that shall allow an applicant who wishes to register to vote to do so by the use of a single form that contains the necessary information required for the issuance, renewal, or correction of the applicant’s driver’s permit or non-driver’s identification card in any motor vehicle services office.
508.2 Completion of the voter registration portion of the application form shall not be a requirement of an individual’s application for a driver’s permit or non-driver’s identification card.
508.3 Each application form shall automatically serve as an application to register to vote in the District of Columbia, unless the applicant fails to sign the voter registration portion of the form.
508.4 A voter registration application shall not be accepted by the Board unless it contains the signature of the applicant.
508.5 Each voter registration application shall be considered as updating 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 a voter indicates that a change of address is not for voter registration purposes.
508.6 Upon the receipt of a voter registration application or a notice of change of address, the DMV shall in a consistent manner indicate the date of its receipt on the portion of the form used by the Board for voter registration and registration update purposes.
508.7 A voter registration application or to update information on an existing voter registration shall be considered received by the Board on the date that it was accepted by the DMV.
508.8 The DMV shall transmit each completed voter registration application or notice of change of a name, address, or party not later than ten (10) days after the date of acceptance by the DMV, except that if a voter registration application is accepted within five (5) days before the last day for registration-by-mail, the application shall be transmitted to the Board not later than five (5) days after the date of its acceptance.
508.9 The Director of the DMV shall do the following:
(a) Ensure that each agency site is supplied with an adequate number of combined Motor Vehicles/voter registration applications; and
(b) Submit in writing and answer any questions as the chief administrative officer of the Board of Elections or the Board may prescribe that relate to the administration and enforcement of the National Voter Registration Act of 1993, the National Voter Registration Act Conforming Amendment Act of 1994, and the Help America Vote Act of 2002.
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) (2014 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-issued photo identification, a copy of a current (the issue, bill, or statement date is no earlier than ninety (90) days before the election at issue) utility bill, bank statement, government check, or paycheck, or other government-issued 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 DMV-issued identification 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.
510 VOTER REGISTRATION APPLICATION PROCESSING: IN-PERSON AT THE BOARD OF ELECTIONS’ OFFICE 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. A qualified elector may change his or her party affiliation status up to the thirtieth (30th) day preceding a primary election. 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.
511 VOTER REGISTRATION APPLICATION PROCESSING: DIGITAL VOTER SERVICE SYSTEM
511.1 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 use the Board’s digital voter service system to:
(a) Submit a voter registration application; or
(b) Submit a notice of a change of name, address, or party affiliation status.
511.2 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 through the Board’s digital voter service system. A qualified elector may change his or her party affiliation status up to the thirtieth (30th) day preceding a primary election. 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).”
511.3 A voter registration application or a notice of a change of name, address, or party affiliation status that is submitted through the Board’s digital voter service system shall be considered to be received by the Board on the date that it is submitted.
511.4 Each voter registration application and notice of a change of name, address, or party affiliation status that is submitted through the Board’s digital voter service system shall be executed by an electronic signature provided directly to the Board by the applicant.
511.5 If an applicant submits a voter registration application or notice of a change of name, address, or party affiliation status through the Board’s digital voter service system, but does not provide an electronic signature directly to the Board in accordance with § 511.4(a), the Board shall request, and the DMV shall furnish, an electronic copy of the applicant’s signature for the purpose of executing the application submitted for acceptance and approval, provided the applicant:
(a) Provides his or her DMV-issued identification number; and
(b) Affirmatively consents to the use of that signature as the signature for the application submitted.
512 VOTER REGISTRATION APPLICATION PROCESSING FOR QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS
512.1 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.
512.2 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.
512.3 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.
512.4 A voter registration application delivered by common carrier will be considered received by the Board on the parcel’s shipping date.
512.5 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.
512.6 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.
512.7 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.
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 (the issue, bill, or statement date is no earlier than 90 days before the election at issue) utility bill, bank statement, government check, paycheck;
(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 during a primary election. 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 during 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).”
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.
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) (2014 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) (2014 Repl.).
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.
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) (2014 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) (2014 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.
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) (2014 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 address listed on the Board’s registration records pursuant to D.C. Official Code § 1-1001.07(i)(4)(A) (2014 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 A voter who wishes to change his or her residence on Election Day at the polling place serving the address listed on the Board’s registration records must present valid proof of his or her current residence. 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 (the issue, bill, or statement date is no earlier than 90 days before the election at issue) utility bill, bank statement, government check, paycheck;
(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, but not limited to, leases or residential rental agreements, occupancy statements from District homeless shelters, and tuition or housing bills from colleges or universities in the District.
516.5 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.
517 CHANGES IN REGISTRATION: POLITICAL PARTY
517.1 Prior to the thirtieth (30th) day preceding a primary election, a registered voter may give notice of change of party affiliation status by:
(a) Completing a change of party affiliation status on a Voter Registration Application;
(b) Filing a change of party affiliation status by signed letter or postal card which includes the following information:
(1) The voter’s name;
(2) Former and new party affiliation status;
(3) Address; and
(4) Date of birth;
(c) Filing a change of party affiliation status through the DMV or a voter registration agency pursuant to D.C. Official Code § 1-1001.07(d) (2014 Repl.); or
(d) Completing any other form prescribed for this purpose by the Board.
517.2 Requests for changes to a political party affiliation status considered received during the thirty (30) days that immediately precede and include the date of the primary election shall be held and processed after the election. The effective date for changes made pursuant to such requests shall be the day after the primary election.
517.3 A change in party affiliation status occurs when a voter:
(a) Changes his or her party registration from one political party to another;
(b) Changes his or her party registration from “No Party (Independent)” to a political party;
(c) Changes his or her party registration from a political party to “No Party (Independent).”
518 SYSTEMATIC VOTER ROLL MAINTENANCE PROGRAM: BIENNIAL MAIL CANVASS
518.1 In January of each odd-numbered year, the Board shall confirm the residence address of each registered voter who did not confirm his or her address through the voting process or file a change of address at the polls in the preceding general election by mailing a first class non-forwardable canvass postcard to the residence address listed on the Board’s records.
518.2 If the Postal Service returns the postcard and provides a new address for the registrant that is within the District of Columbia, the Board shall change the address on its records accordingly and then mail to both old and new addresses a forwardable notice advising the registrant that their address in the voter records has been changed to reflect the Postal Service information.
518.3 If the Postal Service returns the postcard as undeliverable and provides a new address for the registrant outside the District of Columbia, the Board shall mail a forwardable notice to both the old and new address, informing the registrant how to register to vote in their new jurisdiction or correct the address information obtained from the Postal Service.
518.4 If the Postal Service returns the postcard to the Board as undeliverable and indicates that no new address is available, the Board shall mail to the registrant at his or her last known address the forwardable notice specified in § 518.3.
518.5 The forwardable notices issued to registrants whose initial non-forwardable mailings were returned by the Postal Service shall include a pre-addressed and postage- paid return notification postcard to enable the registrant to confirm or correct any address information obtained from the Postal Service.
518.6 Upon mailing of the forwardable notice to any registrant whose initial mailing the Postal Service returned as undeliverable, either with a new address outside the District or an indication that no new address was available, the Board shall designate the registrant’s voter registration status as inactive on the voter roll, effective on the date of the mailing of the notice.
518.7 Where a registered voter who has been designated inactive on the voter roll fails to respond to the forwardable notice and fails to vote during the period beginning on the date the notice was mailed and ending on the day after the second subsequent general election for federal office, the registrant’s name shall be removed from the voter roll.
518.8 Where a registered voter who has been designated inactive on the voter roll provides the Board with a current residence address, or votes in any election, prior to the day following the second general election for federal office occurring thereafter, the inactive designation shall be removed from the registrant’s record.
518.9 A registrant included in the group defined by § 518.1 who has requested a separate mailing address in their voter record shall be initially mailed a notification addressed to the mailing address, asking the registrant to confirm his or her residence address on the voter roll by not later than thirty (30) days of the date of the mailing of the notice.
518.10 Where a registrant who has been mailed the notification in § 518.9 fails to confirm or correct their residence address, in writing, within thirty (30) days of the mailing of the notice, the Board shall issue a non-forwardable canvass postcard to the residence address as provided in § 518.1 of this chapter.
518.11 In the event that the Biennial Mail Canvass is delayed, the Board shall conduct the canvass as soon as practicable thereafter.
518.12 Consistent with procedures of the Biennial Mail Canvass, the Board shall issue the forwardable notices defined in § 518.5 whenever official mail sent to a registrant in the normal course of business is returned to the Board by the Postal Service.
518.13 Consistent with procedures of the Biennial Mail Canvass, the Board shall update a registrant’s address or designate a registrant’s voter registration status as inactive based on the return to the Board by the Postal Service of official mail sent to a registrant in the normal course of business.
518.14 Where the Board learns, or has reason to believe, that a registrant does not reside at the address listed on the voter registration application, the Board may issue the notice defined in § 518.1 to confirm the registrant’s address, and proceed accordingly.
519 VOTER ROLL MAINTENANCE PROGRAM
519.1 The Board may utilize information obtained from the United States Postal Service, the National Change of Address System (NCOA), and the DMV, which identifies registrants who have moved from the addresses listed on the Board’s records.
519.2 As part of its systematic voter roll maintenance program, the Board may develop additional procedures to identify and remove from the voter roll registrants who are deceased and no notification was received from the Bureau of Vital Statistics, who have moved from the District and no notification was received from the registrant or the United States Postal Service, or who otherwise no longer meets the qualifications as a duly registered voter.
519.3 If the Board learns that a registered voter has changed his or her residence address and has failed to inform the Board, in writing, of his or her current residence address, the registrant shall be mailed a non-forwardable notice, to the address listed on the voter roll.
519.4 The Board may utilize information obtained from returned juror summons issued by mail by the District of Columbia Superior Court to identify registrants who no longer meet the qualifications as a duly registered voter.
519.5 In the event that a juror summons is returned to the District of Columbia Superior Court by the United States Postal Service as undeliverable, or which provides a new address within or outside the District of Columbia, the Board shall mail a non-forwardable notice to the address to the voter’s registration, as provided in § 518 of this chapter.
519.6 The Board may use other information provided to the District of Columbia Superior Court by the registrant to identify registrants who no longer meet the qualifications as a registered voter.
519.7 The Board’s Executive Director may enter into agreements with other Chief State Election Officials for the purpose of verifying information on its statewide voter registration list to ensure the accuracy of the District’s voter registry.
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)(2014 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.
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 Registrar of Voters’ 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 602, AFFIRMATION OF WRITE-IN CANDIDACY OF AN APPARENT WINNER, of Chapter 6, ELIGIBILITY OF CANDIDATES, is amended in its entirety to read as follows:
602 AFFIRMATION OF WRITE-IN CANDIDACY
602.1 In the case of a primary election, a write-in nominee who wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 4:45 p.m. on the day immediately following the election.
602.2 In the case of a general or special election, a write-in nominee who wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 4:45 p.m. on the third (3rd) day immediately following the election.
602.3 Nothing in this section shall prohibit an individual seeking to declare write-in candidacy from filing an Affirmation of Write-in Candidacy prior to write-in nomination, provided that the determination of the write-in candidate’s eligibility shall proceed in accordance with this chapter. Write-in nominees who fail to submit the documents required by this section within the prescribed times shall be deemed to be ineligible candidates.
602.4 The Affirmation of Write-in Candidacy form shall contain the same information required for the Declaration of Candidacy described in this chapter.
602.5 Each write-in candidate shall swear under oath or affirm before a District of Columbia notary or Board official that the information provided in the Affirmation of Write-in Candidacy is true to the best of his or her knowledge and belief.
602.6 If a write-in nominee is an apparent winner of an election contest, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the write-in nominee if such nominee has perfected his or her candidacy on or before the prescribed deadline. No eligibility determination shall be made for affirmants who are not apparent winners.
602.7 Notice of the determination shall be served immediately by mail upon any affirmant found to be ineligible.
602.8 The determination of eligibility shall be based solely upon information contained in the Affirmation of Write-In Candidacy and upon information contained in other public records and documents as may be maintained by the Board. The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.
602.9 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.
602.10 If a write-in winner is declared ineligible after the election, no winner shall be declared.
Chapter 7 is amended in its entirety to read as follows:
CHAPTER 7 ELECTION PROCEDURES
700 [REPEALED]
701 [REPEALED]
702 [REPEALED]
703 EARLY VOTING CENTERS
704 OPENING AND CLOSING OF POLLS ON ELECTION DAY
705 POLLING PLACE OFFICIALS
706 POLL WATCHERS AND ELECTION OBSERVERS
707 [REPEALED]
708 CHALLENGE TO VOTER QUALIFICATIONS: AT THE POLLS OR EARLY VOTING CENTERS
709 CONTROL OF ACTIVITY AT EARLY VOTING CENTERS, POLLING PLACES, AND BALLOT COUNTING PLACES
710 ASSISTANCE TO VOTERS
711 VOTING BOOTH
712 SECRECY OF THE BALLOT
713 VOTE CASTING PROCEDURES: REGULAR BALLOT
714 VOTE CASTING PROCEDURES: SPECIAL BALLOT
715 SPECIAL BALLOT APPEAL RIGHTS
716 SPOILED BALLOTS
717 ABSENTEE BALLOTS
718 ABSENTEE BALLOTS FOR QUALIFIED UNIFORMED AND OVERSEAS VOTERS
719 EMERGENCY ABSENTEE BALLOTS
720 FEDERAL ELECTORS AND ABSENTEE FEDERAL BALLOT
721 CHALLENGE TO VOTER QUALIFICATIONS: ABSENTEE BALLOTS RECEIVED ELECTRONICALLY OR BY MAIL
722 PROHIBITION OF LABELS, STICKERS, AND AUTHORIZATION OF HAND STAMPS FOR CASTING WRITE-IN VOTES ON PAPER BALLOTS
723 CLOSING THE POLLS
724 COLLECTION AND TRANSFER OF BALLOTS AND OTHER POLLING PLACE MATERIALS
725 [RESERVED]
703 EARLY VOTING CENTERS
703.1 For each primary and general election, qualified electors may choose to cast a full ballot for their precinct at early voting centers according to procedures established by the Board.
703.2 The Board shall designate no fewer than eight (8) early voting centers, with at least one (1) early voting center located within each ward.
703.3 Satellite early voting centers shall be open from the second Sunday preceding Election Day to the Saturday prior to Election Day from the hours of 8:30 a.m. to 7 p.m. The Board’s office shall serve as the early voting center for the in-person absentee voting period for the hours specified in this chapter.
703.4 All persons standing in line at an early voting center at the time the early voting center closes shall be permitted to vote, if otherwise qualified.
703.5 Election results from early voting shall not be released until the polls close on Election Day.
704 OPENING AND CLOSING OF POLLS ON ELECTION DAY
704.1 Polling places in which elections are to be held shall be opened at 7:00 a.m. on the date required by law for the election and shall remain open for voting until 8:00 p.m., except in instances when the time established for closing the polls is extended pursuant to a federal or District of Columbia court order or Board order.
704.2 All persons standing in line at a polling place at the close of polls shall be permitted to vote, if otherwise qualified.
704.3 At the close of polls, a polling place official shall take a position at the end of any existing line of prospective voters, and only persons standing in front of the official at that time shall be permitted to vote.
704.4 The Board may extend polling hours at a precinct in order to resolve unforeseen emergency situations on Election Day. If voting at a precinct is interrupted on Election Day by an emergency situation, the Board will convene an emergency meeting to consider whether the situation warrants the extension of polling place hours and, if applicable, how long polling place hours will be extended.
705 POLLING PLACE OFFICIALS
705.1 The operations of polling places and ballot counting places shall be conducted by officials designated by the Board.
705.2 The official in charge of each polling place shall be known as the Precinct Captain.
705.3 The duties of the Precinct Captain may be delegated by the Board or by the Precinct Captain to another official, who shall be known as the Alternate Precinct Captain.
705.4 Except as provided in § 705.5, all polling place officials shall be qualified registered electors in the District of Columbia.
705.5 The Board may appoint individuals who are not qualified registered electors to serve as polling place officials, if the individual:
(a) Is at least sixteen (16) years of age on the day that he or she will be a polling place official;
(b) Resides in the District of Columbia; and
(c) Is enrolled in or has graduated from a public or private secondary school or an institution of higher education.
705.6 All polling place officials shall:
(a) Complete at least four (4) hours of training;
(b) Receive certification by the Board; and
(c) Take and sign an oath of office to honestly, faithfully, and promptly perform the duties of office.
705.7 A polling place official’s past performance shall be considered before appointing him or her as a polling place official in a subsequent election.
705.8 Unless otherwise provided, Board employees working at early voting centers shall have the same authority and duties as the Precinct Captain and other polling place officials.
706 POLL WATCHERS AND ELECTION OBSERVERS
706.1 Each candidate and each proponent or opponent of a proposed ballot measure may petition the Board for credentials authorizing poll watchers at any early voting centers, polling places and/or ballot counting places.
706.2 Persons who wish to witness the administration of elections, including nonpartisan or bipartisan, domestic or international organizations, who are not affiliated with a candidate or ballot measure may petition the Board for credentials authorizing election observers at any early voting center, polling place, and/or ballot counting place.
706.3 Each petition shall be filed with the Board, not less than two (2) weeks before each election and shall be on a form furnished by the Board. The Board reserves the right to accept petitions filed less than two (2) weeks before each election.
706.4 At the time of filing, the poll watcher petition form shall contain the following information:
(a) The name, address, telephone number, and signature of the candidate or ballot measure proponent or opponent (“applicant”);
(b) The office for which the applicant is a candidate or the short title of the measure which the applicant supports or opposes;
(c) The name, address, email address, and telephone number of the poll watcher supervisor, if one is designated by the candidate, proponent, or opponent;
(d) The locations where access credentials are sought;
(e) The names, addresses, email addresses, and telephone numbers of at least two (2) and not more than three (3) persons who are authorized to collect the poll watcher badges from the Board on behalf of the candidate or ballot measure proponent or opponent for distribution to the authorized poll watchers; and
(f) A certificate from the applicant that each poll watcher selected shall conform to the regulations of the Board with respect to poll watchers and the conduct of the election.
706.5 At the time of filing, the election observer petition form shall contain the following:
(a) The name, address, email address, and telephone number of the organization or individual seeking credentials;
(b) The name, address, email address, and telephone number of the election observer supervisor, if a person is designated by an organization;
(c) The names, addresses, email addresses, and telephone numbers of all observers who will be receiving badges;
(d) The locations where access credentials are sought;
(e) The names, addresses, email addresses, and telephone numbers of at least one (1) and not more than three (3) persons who are authorized to collect the election observer badges from the Board on behalf of the organization or individual seeking credentials for distribution to the authorized election observers; and
(f) A certificate from the applicant that each election observer selected shall conform to the regulations of the Board with respect to election observers and the conduct of the election.
706.6 The Board may limit the number of poll watchers or election observers to ensure that the conduct of the election will not be obstructed or disrupted, except that:
(a) Each qualified candidate shall be entitled to one (1) poll watcher in each of the precincts where his or her name appears on the ballot.
(b) Each proponent or opponent of a ballot measure who has timely filed a verified statement of contributions with the Office of Campaign Finance shall be entitled to one (1) poll watcher in each precinct where the ballot measure appears on the ballot.
706.7 Notwithstanding Subsection 706.6, the Board reserves the right to rotate credentialed poll watchers and election observers in and out of early voting centers, polling places, and/or ballot counting places on an equitable basis in the event of space constraints.
706.8 The Executive Director shall make a ruling on poll watcher and election observer petitions not less than ten (10) days prior to an election. The Board reserves the right to accept petitions filed less than ten (10) days prior to an election.
706.9 In making a determination of the number of watchers or observers allowed, the Executive Director shall consider the following:
(a) The number of candidates or requesting organizations;
(b) Whether the candidates are running as a slate;
(c) The number of proponents and opponents of measures and proposed Charter amendments;
(d) The physical limitations of the polling places and counting place; and
(e) Any other relevant factors.
706.10 Within twenty-four (24) hours of a denial, the Executive Director shall issue a public notice with respect to any denial of a petition for credentials.
706.11 If a place cannot accommodate all those seeking credentials, the Board may grant preference to poll watchers over election observers, and organizations over individuals.
706.12 The Board shall issue a badge for each authorized poll watcher or election observer, with space for the watcher’s or observer’s name and the name of the candidate or party represented by the watcher, or any organization being represented by the observer. Badges shall also be issued for each authorized watcher representing the proponents or opponents of ballot measures.
706.13 Badges shall be numbered consecutively, and consecutive numbers issued to each candidate, organization, proponent, or opponent.
706.14 All badges shall be worn by the authorized poll watcher or election observer in plain view at all times when on duty at the polling place or counting place.
706.15 An authorized alternate poll watcher or election observer may, in the discretion of the watcher or observer supervisor, be substituted for a watcher or observer at any time; provided, that notice is first given to the designated representative of the Board at the polling place or counting place.
706.16 A poll watcher shall be allowed to perform the following acts:
(a) Observe the count;
(b) Unofficially ascertain the identity of persons who have voted;
(c) Report alleged discrepancies to the Precinct Captain; and
(d) Challenge voters in accordance with the procedures specified in this chapter, if the watcher is a registered qualified elector.
706.17 An election observer shall be allowed to perform the following acts:
(a) Observe the count;
(b) Unofficially ascertain the identity of persons who have voted; and
(c) Report alleged discrepancies to the Precinct Captain.
706.18 No poll watcher or election observer shall, at any time, do any of the following:
(a) Touch any official record, ballot, voting equipment, or counting form;
(b) Interfere with the progress of the voting or counting;
(c) Assist a voter with the act of voting;
(d) Talk to any voter while the voter is in the process of voting, or to any counter while the count is underway; provided, that a watcher or observer may request that a ballot be referred for ruling on its validity to a representative of the Board;
(e) In any way obstruct the election process; or
(f) Use any video or still cameras inside the polling place while the polls are open for voting, or use any video or still camera inside the counting center, if such use is disruptive or interferes with the administration of the counting process.
706.19 A candidate may not serve as a poll watcher in any early voting center or polling place.
706.20 If a poll watcher or election observer has any question, or claims any discrepancy or error in the voting or the counting of the vote, the watcher or observer shall direct the question or complaint to the election official in charge. In each polling place, the Precinct Captain shall be the representative of the Board to whom the poll watchers or election observers shall direct all questions and comments. In counting places, the Executive Director shall identify those representatives to whom poll watchers and election observers shall direct all questions and comments.
706.21 Any poll watcher or election observer who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules contained in this section, or has engaged in some other prohibited activity or misconduct, may be requested to leave the polling place or the counting center.
706.22 If a poll watcher or election observer is requested to leave, that watcher’s or observer’s authorization to use credentials shall be cancelled, and he or she shall leave the polling place or counting place forthwith.
706.23 An authorized alternate poll watcher or election observer may be substituted for a watcher or observer who has been removed.
708 CHALLENGE TO VOTER QUALIFICATIONS: AT THE POLLS OR EARLY VOTING CENTERS
708.1 Challenges to voter qualifications where the voter is present at the time of the challenge shall be conducted according to the procedures of this section. Challenges to a voter’s registration, as described in D.C. Official Code § 1-1001.07(e)(5), may occur only pursuant to § 521, and may not occur at the polls or early voting centers.
708.2 Any duly registered voter may challenge the qualifications of a prospective voter in a primary, special, or general election.
708.3 Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge.
708.4 The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.
708.5 After receiving a challenge or making a challenge on his or her own initiative, the Precinct Captain shall give the challenged voter an opportunity to respond.
708.6 The Precinct Captain shall review the evidence presented and shall:
(a) Affirm the challenge upon a finding that it is based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, or;
(b) Deny the challenge upon a finding that it is not based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector.
708.7 The Precinct Captain shall record the decision and the rationale for the decision on a form provided by the Board.
708.8 If the Precinct Captain denies the challenge, he or she shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the rules regarding challenges and appeals to the Board.
708.9 Any appeal of the Precinct Captain’s decision to deny the challenge shall be made either before the challenged voter casts a ballot, or before either the challenger or the challenged voter leaves the polling place, whichever is earlier.
708.10 If the challenger does not appeal the Precinct Captain’s decision to deny the challenge, the challenged voter shall cast a regular ballot.
708.11 If the challenger appeals the Precinct Captain’s decision to deny the challenge, the Precinct Captain shall state, over the telephone, the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.
708.12 Either a Board member, the Board’s Executive Director, or the Board’s Registrar of Voters may serve as the Board’s hearing officer for the appeal.
708.13 The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation, as specified in § 708.7, of the Precinct Captain’s initial decision to deny the challenge.
708.14 The hearing officer shall take testimony under oath from the challenger, the person challenged, the Precinct Captain, and any witnesses who wish to testify.
708.15 Each person who testifies before the hearing officer shall state for the record their name as recorded on the Board’s voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.
708.16 The hearing officer shall receive evidence and testimony and shall then close the hearing.
708.17 After reviewing all evidence pertaining to the challenge and making a decision based upon his or her determination of whether the challenger has presented substantial evidence that is specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, the hearing officer shall either:
(a) Affirm the Precinct Captain’s decision to deny the challenge, in which case the challenged voter shall cast a regular ballot; or
(b) Overturn the Precinct Captain’s decision to deny the challenge, in which case the challenged voter shall cast a "challenged" special ballot, pursuant to § 714.1(j).
708.18 If the Precinct Captain affirms the challenge, or if the Board’s hearing officer overturns the decision of the Precinct Captain to deny a challenge, the Precinct Captain shall allow the challenged voter to cast a “challenged” special ballot, pursuant to § 714.1(j).
709 CONTROL OF ACTIVITY AT EARLY VOTING CENTERS, POLLING PLACES, AND BALLOT COUNTING PLACES
709.1 The Precinct Captain shall have full authority to maintain order, pursuant to the Election Act, the regulations contained in this section, and directives of the Executive Director, General Counsel and their designees, including full authority to request police officials to enforce lawful orders of the Precinct Captain.
709.2 The only persons who shall be permitted to be present in early voting centers, polling places, or ballot counting places are the following:
(a) Designated representatives of the Board;
(b) Police officers;
(c) Duly qualified poll watchers and election observers;
(d) Persons actually engaged in voting; and
(e) Other persons authorized by the Board.
709.3 The only activity which shall be permitted in the portion of any building used as an early voting center, polling place, or ballot counting place shall be the conduct of the election. No partisan or nonpartisan political activity, or any other activity which, in the judgment of the Precinct Captain, may directly or indirectly interfere with the orderly conduct of the election, shall be permitted in, on, or within a reasonable distance outside the building used as an early voting center, polling place, or ballot counting place.
709.4 For the purposes of this section, the term "political activity" shall include, without limitation, any activity intended to persuade a person to vote for or against any candidate or measure or to desist from voting.
709.5 The distance deemed "reasonable" shall be approximately fifty feet (50 ft.) from any door used to enter the building for voting. The exact distance shall be determined by the Precinct Captain, depending on the physical features of the building and surrounding area. Wherever possible, the limits shall be indicated by a chalk line, or by some other physical marker at the polling place.
709.6 A person shall be warned to cease and desist his or her conduct upon any instance of the following:
(a) Violation of the Election Act or regulations contained in this section;
(b) Failure to obey any reasonable order of the Board or its representative(s); or
(c) Acting in a disorderly manner in, or within a reasonable distance outside the building used as an early voting center, polling place, or ballot counting place.
709.7 If the person committing the violation(s) fails to cease and desist, a member of the Metropolitan Police Department of the District of Columbia shall be requested to evict the person or take other appropriate action.
710 ASSISTANCE TO VOTERS
710.1 Any voter who requires assistance in voting may be given assistance by a person of the voter’s choice, other than a poll watcher or election observer, the voter’s employer or agent of that employer, or officer or agent of the voter’s union.
710.2 The Board shall ensure that capable assistance shall be made available to any requesting voter.
710.3 The Board shall provide in each early voting center and precinct one (1) or more polling place officials specifically trained to assist voters upon their request.
710.4 Any person giving assistance shall assist only upon the request of the voter and in accordance with the wishes of the voter.
710.5 The Precinct Captain shall ensure that a record is made of the provision of such assistance to the voter and the nature of the voter’s need for assistance.
710.6 Assistance provided to a voter may include, though not necessarily be limited to, the following:
(a) Marking the ballot in accordance with the voter’s expressed wishes;
(b) Reading the ballot to a voter whose vision is impaired or who cannot read;
(c) Recording a write-in vote as designated by the voter; and
(d) Completing a form for the voter who cannot do so because of disability, advanced age, or illiteracy.
710.7 No person or official providing voter assistance shall in any way influence or attempt to influence a voter’s choice in voting, nor shall the person or official disclose to anyone how the voter voted. Any person who violates this section may, upon conviction, be subject to a $10,000 fine or imprisonment up to five years, or both, pursuant to D.C. Official Code § 1-1001.14(a).
710.8 Written instructions on the operation of the voting process shall be available to all voters. A trained polling place official shall also be available to explain the voting process.
710.9 All voters shall have the opportunity, if desired, to mark a demonstration ballot prior to entering the voting booth.
711 VOTING BOOTH
711.1 Except as provided in this chapter, a voter shall enter a voting booth alone to mark his or her ballot.
711.2 A voter may take sample ballots and any other materials as he or she may desire into the voting booth.
711.3 No voter shall go into a booth that is already occupied, nor shall a voter, poll watcher, election observer, or polling place official communicate with or disturb the occupant of any booth.
711.4 Each voter shall mark the ballot promptly and shall leave the booth.
711.5 No person may occupy a voting booth except for the purpose of voting or for the purpose of rendering assistance to a voter, pursuant to the D.C. Election Act and the provisions of § 710.
711.6 Voting booths shall provide privacy for the voter while voting.
712 SECRECY OF THE BALLOT
712.1 Before any optical scan voting equipment (“OSVE”) is used for deposit of voted ballots, the Precinct Captain shall:
(a) Inspect the interior of the OSVE to show any voters and/or watchers that all ballot receiving areas are empty;
(b) Secure and lock the ballot receiving areas of the OSVE;
(c) Produce a zero-printout and, after ascertaining that vote totals opposite all voting positions are set at zero (0000), sign said printout; and
(d) Inspect OSVE counter display to insure that it reads zero (0000).
712.2 From the time of the procedure specified in § 712.1 until the close of the polls, the polling official attending the OSVE shall ascertain that:
(a) Only official ballots are deposited in the OSVE;
(b) Nothing is removed from the OSVE; and
(c) The secrecy of each voter’s ballot is preserved.
712.3 Each voter shall pass his or her voted paper ballot through the OSVE before leaving the early voting center or polling place.
712.4 Provision shall be made for maintaining the secrecy of the voted ballot while the voter carries it from voting booth to OSVE.
712.5 The OSVE’s shall be attended by a polling place official at all times, from the opening of the polls until the ballots, memory cards, or other electronic media are returned to the counting center.
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.
714 VOTE CASTING PROCEDURES: SPECIAL BALLOT
714.1 Uses for a Special Ballot (or Provisional Ballot) include instances where the voter:
(a) Votes in a precinct that does not serve the address listed on the Board’s registration records;
(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 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 government-issued photo identification, a copy of a current (the issue, bill, or statement date is no earlier than 90 days before the attempt to register and/or vote, whichever is applicable) utility bill, bank statement, government check, or paycheck, or other government-issued document that shows his or her name and address; or
(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.
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 Notwithstanding § 714.1(a), a voter whose residence is served by a polling place that has been identified as inaccessible pursuant to sSection 8 of the Voting Accessibility for the Elderly and Handicapped Act may vote a regular ballot at another, accessible polling place if he or she:
(a) Is a senior citizen or a person with a disability; and
(b) Contacts the Board in writing by no later than the seventh (7th) day prior to Election Day to request that a complete ballot for his or her precinct of residence be brought to the accessible polling place 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 DMV-issued identification 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.
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 Registrar of Voters 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 day after 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 later than the second (2nd) day 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 no later than the day 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 one (1) business day after the date of the Board’s decision. The decision of the court shall be final and not appealable.
716 SPOILED BALLOTS
716.1 If a voter makes a mistake in marking a ballot or erroneously defaces or tears a ballot, he or she may surrender the spoiled ballot to a polling place official, who shall furnish the voter with another ballot.
716.2 The polling place official shall request the voter place the spoiled ballots into the spoiled ballot envelope.
716.3 The voter shall seal the envelope and shall return it to the polling official before an additional ballot can be issued.
716.4 A polling place official shall not issue more than three (3) ballots (one (1) original, two (2) replacements) to any voter. Before the polling place official issues the second (2nd) ballot, the polling place official shall inform the voter that the voter may have only one (1) additional ballot after the first (1st) replacement ballot. Before the polling place official issues the third (3rd) ballot, the polling place official shall inform the voter that it will be the last ballot issued to the voter.
716.5 When a voter receives a replacement ballot, the voter shall have the option of receiving a paper or electronic ballot.
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 DMV-issued identification 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 Each absentee ballot request that is submitted through the Board’s digital voter service system shall be executed by an electronic signature provided directly to the Board by the applicant.
717.8 If an applicant submits an absentee ballot request through the Board’s digital voter service system, but does not provide an electronic signature directly to the Board in accordance with § 717.7, the Board shall request, and the DMV shall furnish, an electronic copy of the applicant’s signature for the purpose of executing the request submitted for acceptance and approval, provided the applicant:
(a) Provides his or her DMV-issued identification number; and
(b) Affirmatively consents to the use of that signature as the signature for the request submitted.
717.9 A duly registered elector may request an absentee ballot in person not earlier than fifteen (15) days preceding the election.
717.10 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.
717.11 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.
717.12 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.
717.13 All mailed (postmarked and non-postmarked) absentee ballots shall be received no later than 8:00 p.m. on the day of the election.
717.14 During the period for in-person absentee voting, the Board shall be open from the third Monday preceding Election Day through the Saturday before Election Day (except legal holidays), from 8: 30 a.m. until 7:00 p.m.
717.15 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.
717.16 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.
717.17 Pursuant to D.C. Official Code § 1-1001.09 (2014 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) (2014 Repl.).
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 Saturday prior to Election Day.
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 DMV-issued identification 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 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.
718.11 All absentee ballots shall be received not later than 8:00 p.m. on the day of the election.
718.12 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.
718.13 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.
719 EMERGENCY ABSENTEE BALLOTS
719.1 A duly registered voter may apply for an emergency absentee ballot, through a duly authorized agent, at the office of the Board from the sixth (6th) day prior to any election to the time the polls close on Election Day, under the following circumstances:
(a) The voter is physically unable to be present at the polls as the result of an illness or accident occurring after the deadline for requesting to vote absentee by mail;
(b) The voter, having expected to recover from an illness by election day and vote at the polls, finds that after the deadline for requesting an absentee ballot by mail has passed, he or she is physically unable to vote at the poll on election day; or
(c) The voter is serving on a sequestered jury on election day.
719.2 A duly registered voter shall apply to vote by emergency absentee ballot according to the following procedure:
(a) The registered voter shall, by signed affidavit on a form provided by the Board, set forth:
(1) The reason why he or she is unable to be present at the polls on the day of the election; and
(2) Except as provided in § 719.3, a designated voter registered in the District of Columbia to serve as agent for the purpose of delivering the absentee ballot to the voter.
(b) Upon receipt of the application, the Executive Director, or his or her designee, if satisfied that the person cannot, in fact, be present at the polling place on the day of the election shall issue to the voter, through the voter’s duly authorized agent, an absentee ballot which shall be marked by the voter, placed in a sealed envelope and returned to the Board before the close of the polls on election day.
(c) The person designated as agent shall, by signed affidavit on a form prescribed by the Board, state the following:
(1) That the ballot will be delivered by the voter who submitted the application for the ballot; and
(2) That the ballot shall be marked by the voter and placed in a sealed envelope in the agent’s presence, and returned, under seal to the Board by the agent.
719.3 An officer of the court in charge of a jury sequestered on election day may act as agent for any registered voter sequestered regardless of whether the officer is a registered voter in the District.
719.4 The Board shall advise all agents, in writing, that pursuant to D.C. Official Code §§ 1-1001.12 and 1-1001.14 (2014 Repl.), it is unlawful to do any of the following:
(a) Vote or attempt to vote more than once in any election; or
(b) Purloin or secret any of the votes cast in any election.
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 DMV-issued identification 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 7:00 p.m. on the Saturday 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 mailed (postmarked and non-postmarked) absentee Federal Ballots shall be received not later than the close of polls) on the day of 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.
721 CHALLENGE TO VOTER QUALIFICATIONS: ABSENTEE BALLOTS RECEIVED ELECTRONICALLY OR BY MAIL
721.1 The provisions of this section are inapplicable to absentee ballot requests submitted by covered voters, as that term is defined in D.C. Official Code § 1-1061.02(2).
721.2 Challenges to voter qualifications where the voter seeks to cast an absentee ballot by mail shall be conducted according to the procedures of this section. Challenges to the qualifications of an elector who seeks to cast an emergency absentee ballot, as provided under § 719, are specifically exempted. Challenges to a voter’s registration, as described in D.C. Official Code § 1-1001.07(e)(5), may occur only pursuant to § 521.
721.3 The Board shall post in its office and on its website a list of all prospective voters who have submitted requests for absentee ballots electronically or by mail for three (3) days beginning on the seventh (7th) day preceding an election.
721.4 During the three (3) day posting period, any duly registered voter may challenge the qualifications of any prospective voters who have submitted requests for absentee ballots electronically or by mail.
721.5 Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge. The challenge form shall be submitted in-person at the Board’s Office.
721.6 The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.
721.7 The voter’s signature on the request for an absentee ballot shall serve as an affidavit from the voter that he or she is a qualified elector of the District.
721.8 On the same day that the challenge is submitted at the Board’s Office, the absentee ballot official shall review the evidence presented and shall:
(a) Affirm the challenge upon a finding that it is based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, or;
(b) Deny the challenge upon a finding that it is not based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector.
721.9 The absentee ballot official shall record the decision and the rationale for the decision on a form provided by the Board.
721.10 If the absentee ballot official denies the challenge, The absentee ballot official shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the rules regarding challenges and appeals to the Board. Any appeal from a decision to deny the challenge must be made immediately.
721.11 If the challenger does not appeal the absentee ballot official’s decision to deny the challenge, the absentee ballot shall be counted as a regular ballot.
721.12 If the challenger appeals the absentee ballot official’s decision to deny the challenge, the absentee ballot official shall state the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.
721.13 Either a Board member, the Board’s Executive Director, or the Board’s Registrar of Voters official may serve as the Board’s hearing officer for the appeal.
721.14 The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation of the absentee ballot official’s initial decision to deny the challenge.
721.15 The hearing officer shall take testimony under oath from the challenger, the challenged voter (if available), the absentee ballot official, and any witnesses who wish to testify.
721.16 Each person who testifies before the hearing officer shall state for the record their name as recorded on the board’s voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.
721.17 The hearing officer shall receive evidence and testimony and shall then close the hearing.
721.18 After reviewing all evidence pertaining to the challenge and making a decision based upon his or her determination of whether the challenger has presented substantial evidence that is specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, the hearing officer shall either:
(a) Affirm the absentee ballot official’s decision to deny the challenge, in which case the challenged voter’s absentee ballot shall be counted as a regular ballot; or
(b) Overturn the absentee ballot official’s decision to deny the challenge, in which case the challenged voter’s absentee ballot and envelope shall be considered a special ballot and envelope.
721.19 If the absentee ballot official affirms the challenge, or if the Board’s hearing officer overturns the decision of the absentee ballot official to deny a challenge, the voter’s absentee ballot and envelope shall be considered a special ballot and envelope, marked as such, and handled pursuant to §§ 714 and 715.
722 PROHIBITION OF LABELS, STICKERS, AND AUTHORIZATION OF HAND STAMPS FOR CASTING WRITE-IN VOTES ON PAPER BALLOTS
722.1 The use of stickers and adhesive labels as a way of exercising the write-in method of voting is prohibited. Any write-in vote cast in this manner shall be deemed invalid.
722.2 The use of a stamp by a voter to imprint the name of a write-in candidate in the appropriate space on the voter's ballot shall be permitted under the following circumstances:
(a) Where the stamp serves only to print the name of the write-in candidate on the voter's paper ballot; and
(b) Where the stamp does not affix any adhesive or other foreign material on the voter's ballot.
722.3 Any voter may bring into a polling place or early voting center in any election where paper ballots are being cast a stamp for the purpose of exercising the write-in vote option, consistent with § 722.2, for the voter's personal use, provided that the voter must carry the stamp out of the polling place or early voting center with him once he or she has voted. Any stamps left in the polling place or early voting center shall be discarded by election workers.
722.4 Any candidate, campaign organization, or individual may provide or distribute a stamp to voters for their use in exercising their write-in option in any election by any means including the distribution of a stamp outside of a polling place or early voting center where paper ballots are being cast, provided that the distribution shall occur outside the fifty foot (50ft.) line, within which no political activity is permitted.
722.5 No one may distribute any stamp device to any voter or any other person within the fifty foot (50 ft.) line from an early voting center or polling place entrance or inside any early voting center or polling place.
723 CLOSING THE POLLS
723.1 Immediately after the last voter has voted, the Precinct Captain or his or her designee(s) shall in the presence and view of designated poll watchers:
(a) Remove all voted ballots from the OSVE, and secure them in a transfer case for delivery to the Counting Center;
(b) Remove any ballots that have been deposited either in the emergency ballot entry slot in the OSVE or in an auxiliary ballot box, enter these ballots into the automatic tabulating system, secure these ballots in the transfer case referred to in § 723.1(a) and seal the transfer case with a signed certificate;
(c) Request and confirm the close of polls and produce the total vote count tape for all contests on the ballot in that precinct;
(d) Enter the reading from the OSVE’s public counter onto the total vote count tape;
(e) Remove and sign the total vote count tape, and seal it for delivery to the counting center; and
(f) Place the OSVE’s memory card, or other electronic media, and the DRE’s tabulation cartridge into a transfer case which shall be sealed with a signed certificate for delivery to the Counting Center.
723.2 The Precinct Captain shall then prepare a complete accounting of ballots issued to that polling place, in accordance with and on forms provided by the Board.
723.3 The accounting of ballots shall include the following numbers of ballots:
(a) Voted;
(b) Spoiled;
(c) Not used; and
(d) Received.
723.4 Upon completion of voting, a summary count of votes (for each contest) at each precinct shall be posted in a conspicuous place that can be seen from the outside of the polling place.
723.5 At each precinct, Precinct Captains shall prepare a report which indicates the numbers of:
(a) Votes cast;
(b) Persons who signed in;
(c) Voter-verifiable records that arrived at the polling place before the polls opened;
(d) Voter-verifiable records that were used; and
(e) Unused voter-verifiable records.
723.6 The Precinct Captain shall keep a record of the names and addresses of individuals who:
(a) Attempted to register on election day but could not provide proof of residence; and
(b) Successfully registered on election day and voted.
723.7 Precinct Captain reports and records shall be made available for public inspection at a reasonable date following an election.
723.8 In accordance with directives of the Board, the transfer cases containing the voted ballots, OSVE memory card or other electronic media, and DRE tabulation cartridges shall be returned to the Counting Center promptly following the closing of the polls.
723.9 Unvoted ballots and other election materials and paraphernalia shall be returned to the custody of the Board as directed.
724 COLLECTION AND TRANSFER OF BALLOTS AND OTHER POLLING PLACE MATERIALS
724.1 All ballots cast in any election, as well as the OSVE memory cards or other electronic media, and DRE tabulation cartridges, shall be collected and transferred from precincts to the Counting Center by designated transport teams.
724.2 The transport team shall issue a receipt to the Precinct Captain for all items.
724.3 The reception team at the Counting Center shall issue to the transport team a receipt for the transfer cases containing voted ballots, OSVE memory cards or other electronic media, and DRE tabulation cartridges.
724.4 Other polling place materials shall be transferred from precincts to a place designated by the Board.
724.5 Unused or spoiled ballots, the Master Index Lists, and all other materials relating to voting and which are required for the official canvass, shall be placed in secured storage.
724.6 The official designated to receive the other polling place materials shall issue a receipt for same to the transport team.
724.7 The seal of each transfer case shall be inspected and certified as to its condition.
724.8 Inspection and certification of the seal shall be performed twice by the following:
(a) The first time by the transport team upon receipt of transfer cases at the polling place; and
(b) The second time by the reception team upon receipt of transfer cases at the Counting Center.
724.9 The certification shall include the following:
(a) Precinct number;
(b) Ballot box number;
(c) Condition of seal; and
(d) Any defects observed.
724.10 The certification shall be signed by members of the team making the certification.
724.11 At the Counting Center, each transfer case shall be marked as inspected before being delivered to a ballot inspection team or sorting team.
724.12 If there is more than one (1) transfer case for a single polling place, all cases shall be delivered to one (1) inspection or sorting team.
725 [REPEALED]
Chapter 8 is amended in its entirety to read as follows:
CHAPTER 8 TABULATION AND CERTIFICATION OF ELECTION RESULTS
800 VOTING SYSTEM STANDARDS
801 PRE-ELECTION LOGIC AND ACCURACY TESTING
802 VALIDITY OF BALLOTS
803 VALIDITY OF VOTES
804 MARKING OF BALLOTS BY ELECTION OFFICIALS
805 SPECIAL BALLOT BOX INSPECTION
806 TABULATION PROCEDURES
807 SPECIAL BALLOT TABULATION
808 ABSENTEE BALLOT TABULATION
809 VOTE COUNTING BY HAND
810 DISCRETIONARY MANUAL TABULATION
811 BALLOT ACCOUNTING
812 POST-ELECTION MANUAL AUDIT
813 CERTICIATION OF ELECTION RESULTS
814 AUTOMATIC RECOUNT
815 PETITIONS FOR RECOUNT, RECOUNT DEPOSITS, AND REFUNDS OF RECOUNT DEPOSITS
816 RECOUNT PROCEDURES
817 POST GENERAL ELECTION SUMMARY REPORT
800 VOTING SYSTEM STANDARDS
800.1 Each voting system used in an election in the District of Columbia shall:
(a) Meet or exceed the voting system standards set forth in the Help America Vote Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S. C. § 15301 et seq.), and/or be federally certified;
(b) Create a voter-verifiable record of all votes cast;
(c) Be capable without further modification of creating, storing, and exporting an anonymous separate machine record of each voter-verifiable record, showing each choice made by the voter;
(d) Produce an input to or generate a final report of the election, and interim reports as necessary;
(e) Generate system status and error messages;
(f) Produce an audit log;
(g) Accommodate interactive visual and non-visual presentation of information to voters;
(h) Permit voting in absolute secrecy and be constructed so that no person can see or know for whom any other elector has voted or is voting, except when a voter requests assistance pursuant to § 710;
(i) Permit each elector to vote at any election for all persons and offices for whom and for which the elector is lawfully entitled to vote, whether or not the name of any such person appears pre-printed on a ballot;
(j) Preclude each elector from voting for any candidate or upon any question for whom or upon which the elector is not entitled to vote, from voting for more persons for any office than the elector is entitled to vote for, and from voting for any candidates for the same office upon any question more than once;
(k) Permit each elector to vote for as many persons for an office as the elector is entitled to vote for, and to vote for or against any question upon which the elector is entitled to vote;
(l) Permit each elector to change the elector’s vote for any candidate or upon any ballot question, up until the time the elector casts and records the elector’s vote;
(m) Be durably constructed of material of good quality, and in a form that shall be safely transportable;
(n) Be constructed that a voter can quickly and easily learn the method of operating it and cast a vote for all candidates of the voter’s choice, and when operated properly shall register and record correctly and accurately every vote cast:
(o) Not provide to a voter any type of receipt or voter confirmation that the voter legally may retain after leaving the polling place; and
(p) Provide locks and seals by which, immediately after the polls are closed or the operation of the machine is completed, no further changes to the internal counters can be allowed.
800.2 The Executive Director, or his or her designee, shall complete acceptance testing of new voting equipment to ensure that each unit of voting equipment meets or exceeds the voting system standards described in this section and any other specifications required by procurement contract.
801 PRE-ELECTION LOGIC AND ACCURACY TESTING
801.1 In preparation for any election, Board employees shall conduct complete testing of the automatic tabulation system before the use of the system.
801.2 Before each election, every unit of voting equipment shall be subject to public testing referred to as logic and accuracy testing (“L&A testing”).
801.3 Notice of the L&A testing period shall be provided to candidates, proponents and opponents of measures, party officials, the news media, and to any other public representatives the Board deems appropriate, at least seven (7) days before the L&A testing period begins.
801.4 Notice of the final public L&A test shall be provided to candidates, proponents and opponents of measures, party officials, the news media, and to any other public representatives the Board deems appropriate, at least forty-eight (48) hours before the final public L&A test shall occur.
801.5 An L&A test shall verify the conditions required of the voting equipment, and that each unit of voting equipment is correctly configured for the specifics of that election. Conditions required of the voting equipment are:
(a) Each unit of voting equipment contains correct ballot information, including the names or texts of all applicable candidates, contests, and ballot questions;
(b) Tabulation is accurate and consistent; and
(c) All required components of the voting equipment, including specifications mandated by the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq., are functional.
801.6 Each unit of voting equipment shall be tested by recording test votes from a predetermined script, verifying that it is possible to vote for each candidate or each answer to a question on the ballot, and that these votes are tabulated correctly.
801.7 The predetermined script shall include valid votes, overvotes, and blank votes for each candidate and each answer to a ballot question.
801.8 Equipment shall not be approved unless it produces the exact count of the predetermined script, rejects all improper votes, and meets all other test criteria. If a unit of voting equipment fails L&A testing, it shall not be used in the election and shall be subject to review.
801.9 The final public L&A test shall conclude by setting all vote totals to zero and emptying the physical or electronic ballot boxes, and then sealing the systems prior to their official use for the election.
801.10 After the final public L&A test has been successfully completed, all test votes, test results, and the computer programs tested shall be kept in sealed containers and shall not be removed from such containers except in the presence of two or more witnesses not affiliated with the Board, or two (2) or more credentialed election observers or poll watchers not of the same political party or organizational affiliation.
801.11 The voting equipment configuration tested during the L&A testing period shall be the same configuration used during the early voting period and on Election Day.
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.
803 VALIDITY OF VOTES
803.1 Overvotes or otherwise improper votes shall be deemed invalid and not counted. Improper votes shall include, but are not limited to, votes which the voter is not lawfully able to cast.
803.2 Any overvote or otherwise improper vote in one (1) or more contests shall not invalidate the entire ballot but only the votes cast in that contest. All correctly cast votes on such a ballot shall be counted. The number of votes rejected because of overvote or otherwise improper vote shall be reported.
803.3 An undervote shall not invalidate the entire ballot, except that a ballot cast without any marks shall not be tallied. If a voter fails to mark a choice for a contest or ballot question, only those contests and questions that were unmarked shall not be counted.
803.4 A write-in vote shall not be adjudged valid, and shall not be tallied and recorded, unless the voter has written, or used a stamp to imprint, the name of the write-in candidate on a blank line provided for write-in voting and has not marked the voting position on an equal number of votes allowed for that office. Any write-in vote cast using a sticker or adhesive label shall be invalid.
803.5 When a voter writes a person's name in the proper space for write-ins for an office, it is a vote for that person, notwithstanding:
(a) The appearance of that person's name in pre-printed form on the ballot as a candidate for the same office;
(b) The voter's failure to fill in the empty oval which appears to the left of the candidate's pre-printed name; or
(c) The voter's failure to fill in the empty oval which appears to the left of the space designated for write-in candidates.
803.6 In the case of a write-in vote, no ballot should be regarded as defective due to unclear writing, misspelling of a candidate’s name, or by abbreviation, addition, omission or use of a wrong initial in the name, so long as voter intent can be determined.
803.7 If a voter circles a candidate’s name, draws an arrow pointing to a candidate's name, circles the empty oval to the left of the candidate's name, uses a check, asterisk, or any other mark in a manner that clearly indicates his or her intended choice, the vote shall count as a vote for that candidate, provided, that the mark is not a distinguishing mark as defined in § 803.9.
803.8 A ballot properly marked by filling in the empty oval to the left of the candidate or ballot question is valid even though it contains an additional mark, provided that the additional mark is not a distinguishing mark as defined in § 803.9.
803.9 A distinguishing mark is a mark (whether a letter, figure, or character) that serves to separate and distinguish a particular ballot from other ballots cast at the election. The mark itself shall be to furnish evidence of an unlawful intention on the part of the voter to identify the ballot after the vote has been cast, such as the voter's initials, or a mark known to belong to the voter.
804 MARKING OF BALLOTS BY ELECTION OFFICIALS
804.1 No election official shall make a mark on any ballot, except for the following reasons:
(a) Upon the voter’s request, to assist a voter with the act of voting;
(b) To note whether a ballot is partially or totally invalid;
(c) To indicate the ballot’s status as a Special Ballot; or
(d) To facilitate vote counting procedures, when authorized by the Executive Director or his or her designee.
804.2 The notations of validity or invalidity shall be contained within administrative procedures.
805 SPECIAL BALLOT BOX INSPECTION
805.1 A special ballot box inspection team shall perform the following functions for the ballots of each precinct and early voting center:
(a) Open special ballot box containers and remove all ballot envelopes;
(b) Separate all ballot envelopes into three (3) groups:
(1) Special ballot envelopes;
(2) Curbside ballot envelopes; and
(3) Absentee ballot envelopes which were delivered to a polling place on Election Day;
(c) Record the number of each type of ballot envelope for each precinct or early voting center.
805.2 Members of the special ballot box inspection team shall not open any ballot envelopes, but shall deliver them unopened to a representative designated by the Executive Director.
805.3 Special ballot envelopes gathered pursuant to this section shall be processed in conformity with § 807.
805.4 Curbside ballot envelopes gathered pursuant to this section shall be processed in conformity with § 806.
805.5 Absentee ballot envelopes gathered pursuant to this section shall be processed in conformity with § 808.
806 TABULATION PROCEDURES
806.1 The tabulation of votes shall be started immediately on Election Day after the close of polls and shall be conducted under the direct supervision of the Executive Director or his or her designee.
806.2 Whenever votes are counted by machines, the Executive Director shall utilize personnel qualified to operate the system. Additional personnel may be employed to perform such tasks as may be deemed necessary by the Executive Director.
806.3 Only those persons authorized by the Board, including credentialed poll watchers and election observers, shall be admitted to the Counting Center while tabulation is in progress.
806.4 All valid ballots shall be counted by mechanical tabulation unless otherwise determined by the Executive Director.
806.5 Special Ballots, together with any damaged ballots received from the polling places, shall be tabulated separately at a time designated by the Executive Director.
806.6 The valid votes recorded on damaged ballots shall be reproduced on duplicate ballots, in the presence of watchers, with the original and the reproduced ballots marked for identification with corresponding serial numbers.
806.7 The reproduced duplicate ballots, which have converted the votes on the damaged ballots to a machine readable form, shall be tabulated by machine.
806.8 Federal write-in absentee ballots shall be reproduced and tabulated in the same manner as damaged ballots, in accordance with §§ 806.6 - 806.7.
806.9 A Special Ballot cast by a voter who votes in a precinct that does not serve the address listed on the Board’s registration records shall not be counted.
806.10 A count of the number of ballots tallied for a precinct, ballots tallied by groups of precincts and city-wide, shall be accumulated.
806.11 The total of votes cast for each candidate whose name appears pre-printed on the ballot shall be calculated by precinct and city-wide.
806.12 The total number of write-in votes marked by voters shall be reported for each contest.
806.13 The total number of votes cast for each write-in nominee shall be calculated only in contests where there is no candidate printed on the ballot in order to determine a winner, or where the total number of write-in votes reported, under § 806.12, is sufficient to elect a write-in candidate.
806.14 Following tabulation of all ballots, a consolidated report shall be produced showing the total votes cast and counted for all offices and ballot questions. Unless otherwise mandated by the Board, the consolidated ballot report shall be made by precinct.
807 SPECIAL BALLOT TABULATION
807.1 The review and tabulation of Special Ballots shall:
(a) Be conducted separately from the review and tabulation of all other ballots;
(b) Be conducted publicly; and
(c) Otherwise be conducted in the same manner as regular ballots, insofar as those procedures do not conflict with the provisions of this section.
807.2 All Special Ballot Envelopes shall remain sealed until the voter’s eligibility has been preliminarily determined by the Executive Director.
807.3 A Special Ballot shall be eligible to be tabulated when the Executive Director has determined that:
(a) If the voter registered to vote at the polls or an early voting center, the voter cast the Special Ballot at the precinct in which the voter maintains residence or at an early voting center designated by the Board;
(b) The voter is a qualified elector of the District of Columbia; and
(c) The voter did not otherwise vote in the same election.
807.4 Not later than the day after each election, the Executive Director shall issue preliminary determinations to count or reject each Special Ballot cast during an election.
807.5 The Executive Director or his or her designee shall record on the back of the Special Ballot Envelope whether the Special Ballot was accepted, either in full or in part, or rejected and, if rejected, the reason why the Special Ballot was rejected.
807.6 If the Executive Director rejects a Special Ballot, the Special Ballot Envelope shall remain sealed. All rejected Special Ballots, Special Ballot Envelopes, along with any voter eligibility information gathered shall be enclosed in containers marked with the words “Rejected Special Ballots and Envelopes” and the date of the election. Pursuant to § 715, the voter may appeal to the Board the Executive Director’s preliminary determination to reject the voter’s Special Ballot.
807.7 All Special Ballots cast by voters whose eligibility has been verified shall be tabulated on the day following an election, in accordance with the rules contained in this chapter.
808 ABSENTEE BALLOT TABULATION
808.1 The provisions of this section shall govern the tabulation of absentee ballots submitted to the Board electronically or by mail, or those delivered to an early voting center or polling place on Election Day.
808.2 The handling and tabulation of absentee ballots shall:
(a) Be conducted separately from the tabulation of all other ballots;
(b) Be conducted publicly; and
(c) Otherwise be conducted in the same manner as non-absentee regular ballots, insofar as those procedures do not conflict with the provisions of this section.
808.3 All absentee ballots received by the Board shall be tabulated on Election Day after polls have closed.
808.4 Prior to tabulation, the Executive Director’s designee shall verify that the voter signed the absentee ballot envelope.
808.5 In preparation for tabulation, the Executive Director’s designee shall open the outer mailing envelopes, and remove the inner secrecy envelope which contains the absentee ballot. Inner secrecy envelopes shall be sorted by ward and precinct.
808.6 Working precinct by precinct, the Executive Director’s designee shall:
(a) Open the inner secrecy envelopes, being careful not to damage the ballot inside. If an absentee ballot is damaged in this process, the valid votes shall be reproduced on duplicate ballots, in accordance with the rules of this chapter; and
(b) Inspect the absentee ballots for machine tabulation acceptability. All absentee ballots that are identified as not being machine readable shall be removed and reproduced on duplicate ballots in accordance with the rules of this chapter.
808.7 The absentee ballot shall be tabulated and counted as being cast in the ward and precinct in which the voter resides.
809 VOTE COUNTING BY HAND
809.1 The rules of this section shall apply to all instances when manual vote tabulation may occur, including, but not limited to, manual tabulation required by law and this chapter, discretionary manual tabulation, tabulation of write-ins, audits, and recounts.
809.2 Validity of ballots and votes shall be determined pursuant to the rules of this chapter.
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.
809.4 The counting shall be conducted by counting teams of two (2) or more officials. An election official known as the "Counting Team Captain" shall be designated as being in charge of one or more counting teams as determined by the Executive Director, or his or her designee. The counting shall proceed according to administrative proceed according to administrative procedures established by the Executive Director.
810 DISCRETIONARY MANUAL TABULATION
810.1 Notwithstanding instances when manual tabulation is required by law or this chapter, the Board may order that ballots be manually inspected and tabulated under the following circumstances:
(a) Upon the filing of a recount petition, when it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular precinct, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are pre-printed on the ballot;
(b) When there is evidence of a machine miscount or malfunction; or
(c) When it is determined by the Board that manual tabulation is necessary to ascertain correct vote totals.
810.2 When manual tabulation is ordered pursuant to this section:
(a) Validity of ballots and votes and tabulation procedures shall conform to the rules specified in this chapter;
(b) Only the ballots for those precincts and contests designated by the Board shall be manually tabulated; and
(c) The Board shall direct that the tabulation be conducted at a time that is practicable.
811 BALLOT ACCOUNTING
811.1 Following the tabulation of all votes, a full accounting of official ballots shall be made prior to certification of the official election results.
811.2 The accounting of official ballots shall include the following:
(a) For each precinct, and for each party in a primary election, the sum of the number of ballots issued to the voters, less the number of spoiled ballots, should equal the total number of ballots cast in the precinct;
(b) For each precinct, and for each party in a primary election, the sum of the number of cards issued to voters and exchanged for ballots, plus the number of special ballots, should equal the total number of voters;
(c) For each precinct, and for each party in a primary election, upon completion of the election day count and exclusive of special and absentee ballots, the sum of the number of polling place ballots counted plus the number of special ballots cast should equal the totals from §§ 811.2(a) and (b);
(d) For each entire election and for each type of ballot used in it, the sum of the number of absentee ballots issued to voters electronically, by mail, in person, by affidavit (emergency), spoiled absentee ballots, plus the number of absentee ballots remaining unused, should equal the total number of absentee ballots;
(e) For each entire election and for each type of ballot used in it, the sum of the number of absentee ballots cast, absentee ballots spoiled, and absentee ballots not returned, should equal the total number of absentee ballots issued to voters; and
(f) For each Single-Member District, the total number of Single-Member District ballots cast should equal the sum of the ballots cast in each precinct servicing that Single-Member District.
811.3 Following tabulation, the ballots and VVPATS for each precinct shall be transferred to a secure and locked storage location where they shall remain secured for twenty-two (22) months; thereafter, if no election contest or other proceeding is pending in which the ballots may be needed as evidence, the ballots may be destroyed.
811.4 The Board shall retain and store all data processing materials related to the vote counting from the time the canvass is completed until the expiration of the period for challenging elections in an secured area and conforming to data security practices outlined in EAC Election Management Guidelines - Security—Voting Equipment and Peripheral Devices.
812 POST-ELECTION MANUAL AUDIT
812.1 A manual audit conducted pursuant to this section shall conform to the rules of this chapter.
812.2 After each General and Special election, the Executive Director shall conduct a public manual audit of at least:
(a) All ballots cast, including absentee ballots, in one precinct per Ward or at least five percent of all precincts participating in an election, whichever number is greater;
(b) Five percent (5%) of Special Ballots cast and counted; and
(c) Five percent (5%) of ballots cast at early voting centers.
812.3 The manual audit shall entail counting of ballots cast on the machines selected for the audit and comparing the results of this count with the results shown by the results tape produced by the machine used to tabulate those ballots during the election.
812.4 The Executive Director shall take appropriate measures to ensure that spoiled or defective ballots are not tallied as valid ballots in the manual audit process, except that a damaged or illegible VVPAT may be recreated pursuant to § 808.3 and deemed valid.
812.5 The manual audit shall be:
(a) Announced no later than three (3) business days after the tabulation has been completed, but no fewer than twenty-four (24) hours in advance of the audit; and
(b) Conducted in public view such that members of the public are able to verify the tally, but are unable either to touch ballots and other official materials or to interfere in any way with the manual audit process.
812.6 At least one precinct from each ward shall be selected for participation in the audit. The precincts audited shall be selected randomly from each ward, such that each precinct in a ward shall have an equal chance of being selected for the manual audit.
812.7 The Executive Director may select additional precincts in his or her discretion.
812.8 The contests subject to the manual audit shall be publicly selected at random and shall include:
(a) At least one (1) District-wide contest (office or ballot question); and
(b) At least two (2) ward-wide contests.
812.9 If there is no District-wide contest in an election, the Executive Director shall select sufficient ward-wide contests to adequately verify machine results.
812.10 In addition to the randomly-selected contests described in § 812.8, the Executive Director shall select at least one additional contest for audit. Additional contest(s) audited may be selected due to allegations of voting equipment anomalies, requests from candidates, random sampling, or other factors at the discretion of the Executive Director. If additional contest audits are performed as a result of a candidate request, the Board shall determine whether such audit is material to the outcome of the election and may impose a fee paid by the requesting candidate to the Board. The amount of the fee imposed shall not be greater than the actual cost of conducting the audit for the additional contest. The Board’s rejection of a request for an audit shall not preclude a candidate from petitioning for a recount pursuant to § 815.
812.11 Individuals performing the manual audit shall:
(a) Not be assigned to tally the results from a precinct in which that individual served as a poll worker on Election Day; and
(b) Not at any time before or during the manual audit be informed of the corresponding machine tally results.
812.12 Individuals performing the manual audit shall be assembled into teams of at least four individuals such that there will be one person to call the ballot result, at least two persons to tally the ballot result, and at least one person to witness the process.
812.13 Each audit team shall be provided with a set of ballots associated with a machine that has been selected for the audit and advised as to which contest they are responsible for auditing.
812.14 The audit team shall make a record of vote marking errors, including the nature of the marking error, and how the vote was interpreted, if voter intent could be determined pursuant to the rules specified in § 803.
(a) Votes which were not properly marked, but that the audit team was able to determine voter intent, pursuant to the rules specified in § 803, shall be counted.
(b) Votes which were not properly marked and the audit team could not determine voter intent, pursuant to the rules specified in § 803, shall not be counted.
812.15 If the initial manual audit reveals a discrepancy between the machine result and the manual audit tally result which yields an error rate greater than one quarter (0.25) of a percent of votes cast in the contest being audited, or twenty percent (20%) of the margin of victory (whichever is less), and such discrepancy is not attributed to marking errors, a second manual shall be conducted by the same team.
812.16 If the second manual audit confirms the discrepancy described in subsection 812.15, the Board shall randomly-select another precinct in each ward in which the contest appeared on the ballot and audit:
(a) All ballots cast, including absentee ballots, in one precinct per Ward or at least five percent of all precincts participating in an election, whichever number is greater;
(b) Five (5) per cent of Special Ballots cast and counted; and
(c) Five (5) per cent of ballots cast at early voting centers.
812.17 If the additional precinct manual audit confirms the discrepancy described in Subsection 812.15, the Board shall audit all ballots cast in the contest.
812.18 The results derived from the manual audits shall be considered the true and correct results of the election contests at issue.
812.19 All machines found to have an error rate greater than that referenced in Subsection 812.15 shall be examined and repaired before they may be used in future elections.
812.20 The Executive Director or his or her designee shall include a report, which shall be made public on its website, on the results of the manual audit before the certification of the official election results. Such report shall:
(a) Identify any discrepancies between the machine count and the manual tally;
(b) Describe how each of these discrepancies was resolved; and
(c) Describe further investigations or actions to be taken, if any.
813 CERTIFICATION OF ELECTION RESULTS
813.1 The Board shall certify the results of each election.
813.2 The Board shall publish the results of each election and the nominees or winners in the D.C. Register and on the Board’s website.
814 AUTOMATIC RECOUNT
814.1 The Board shall conduct an automatic recount:
(a) If, in any election for President and Vice-President of the United States, Delegate to the House of Representatives, Mayor, Chairman of the Council, member of the Council, Attorney General, at-large member of the Board of Education, or member of the Board of Education, the certified election results show a margin of victory for a candidate that is less than one percent (1%) of the total votes cast for that office. The cost of such recount shall not be charged to any candidate;
(b) If, in any contest involving an initiative, referendum, or recall measure, the difference between the number of votes for and against the measure is less than one percent (1%) of the total votes cast in that contest; or
(c) If so ordered by the D.C. Court of Appeals pursuant to a petition to review an election, whether or not a recount has been previously conducted or requested.
815 PETITIONS FOR RECOUNT, RECOUNT DEPOSITS, AND REFUNDS OF RECOUNT DEPOSITS
815.1 Any qualified candidate in any election may, within seven (7) days after the Board certifies the election results, petition the Board for a recount of the ballots cast in that election. Such petition shall be in writing and shall specify the precincts in which the recount shall be conducted.
815.2 Upon receipt of a recount petition, the Board shall prepare an estimate of:
(a) The costs to perform the recount; and
(b) The number of hours to complete the recount.
815.3 If the petitioner chooses to proceed, the petitioner shall deposit fifty dollars ($50.00) for each precinct included in the recount.
815.4 Deposits shall be paid by certified check or money order made payable to the order of the "D.C. Treasurer." No cash will be accepted.
815.5 The petitioner shall not be required to make a deposit for or pay the cost of any recount in any election where the difference between the number of votes received by the petitioner and the number of votes received by the person certified as having been elected to that office is:
(a) In the case of a ward-wide contest, less than one percent (1%) of the total valid ballots cast in the contest or less than fifty (50) votes, whichever is less; or
(b) In the case of an at-large contest, less than one percent (1%) of the total valid ballots cast in the contest or less than three hundred fifty (350) votes, whichever is less; and
(c) In the case of an Advisory Neighborhood Commission Single-Member District contest, less than ten (10) votes.
815.6 If the recount changes the result of the election, the entire amount deposited by the petitioner shall be refunded.
815.7 If the result of the election is not changed, the petitioner is liable for the actual cost of the recount, minus the deposit already made.
815.8 If the results of the election are not changed as a result of the recount, but the cost of the recount was less than fifty dollars ($50.00) per precinct, the difference shall be refunded to the petitioner.
815.9 A candidate may, at any time, request in writing that the recount be terminated and the Board shall refund the deposit remaining for any uncounted precincts.
816 RECOUNT PROCEDURES
816.1 The Executive Director shall conduct recount proceedings in accordance with provisions of this section.
816.2 The validity of ballots and votes recounted shall be determined pursuant to the provisions of this chapter.
816.3 Manual tabulation of votes in a recount proceeding shall be conducted in accordance with the provisions of this chapter.
816.4 Within two (2) days following the Board’s determination to grant a recount petition or a court order directing the Board to conduct a recount, notice of recount proceedings shall be delivered by courier to all qualified candidates for the contest being recounted. Public notice of recount proceedings shall be posted on the Board’s website at least twenty-four (24) hours in advance of the commencement of the recount.
816.5 Each candidate, or organizational group in support of or opposition to a ballot question, in a contest involved in a recount shall be permitted to have no more than two (2) poll watchers at all phases of the recount, regardless of whether the candidate properly applied for poll watcher credentials pursuant to § 706.
816.6 Apart from the election officials necessary to conduct the recount, priority of access to the place where the recount will occur will first be given to the candidate, or organizational groups in support of or opposition to a ballot question, in the contest being recounted. Space permitting, poll watchers and election observers credentialed pursuant to § 706, then members of the public, shall also be given access.
816.7 For paper ballots, recount officials shall rerun all official ballots through a tabulator and count only the votes for the office or ballot question at issue in the recount. All ballots which are not machine readable shall be tabulated manually, pursuant to the rules provided in this chapter.
816.8 For ballots cast on a DRE machine, the recount officials shall open the containers with the voter-verified paper audit trail (“VVPAT”) printouts and manually count the results of the recounted contest from the printout. Whenever the VVPAT is damaged or illegible, the VVPAT shall be reproduced in accordance with vendor guidelines and in a public manner.
816.9 At the conclusion of the recount proceedings, a recount results report shall be presented to the Board and posted on the Board’s website. The Board shall determine the number of votes received by each candidate as a result of the recount, but shall not make a new certification of the results of the election unless the outcome of the contest has changed as a result of the recount.
816.10 There shall be only one (1) recount per contest.
816.11 Results of the recount are final and not appealable.
817 POST GENERAL ELECTION SUMMARY REPORT
817.1 Within ninety (90) days following every general election, the Board shall publish on its website a report (“post general election summary report”) containing the following information:
(a) The total number of ballots cast and counted, with subtotals for each type of ballot;
(b) The total number of spoiled and special ballots not counted;
(c) The total number of persons registered to vote more than thirty (30) days preceding the election, broken down by party, ward, and precinct;
(d) The number of persons who registered to vote between thirty (30) days preceding the election and the date of the election;
(e) The number of persons who registered to vote at an early voting center;
(f) The number of persons who registered to vote on Election Day;
(g) The number of polling place officials at each precinct, broken down by position title;
(h) Copies of any unofficial summary reports generated by the Board on election night;
(i) A summary of issues identified in Precinct Captain or Area Representative reports;
(j) Performance measurement data of polling place officials;
(k) A description of any irregularities experienced on Election Day;
(l) Recommendation for means by which the efficiency, accuracy, and speed of counting and reporting election results can be improved, including equipment or technology and an estimate of associated costs; and
(m) Any other relevant information.
Chapter 9 is amended in its entirety to read as follows:
CHAPTER 9 FILLING VACANCIES
900 FILLING VACANCIES
901 VANCANCY IN THE OFFICE OF MAYOR
902 VACANCY IN THE OFFICE OF CHAIRMAN OF THE COUNCIL
903 VACANCY IN THE OFFICE OF MEMBER OF THE COUNCIL
904 VACANCY IN THE OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA
905 VACANCY IN THE OFFICE OF ELECTED MEMBER OF THE STATE BOARD OF EDUCATION
906 VACANCY IN THE OFFICE OF DELEGATE TO THE HOUSE OF REPRESENTATIVES
907 PUBLIC NOTICE OF VACANCY AFTER BOARD CERTIFICATION
908 APPOINTMENT PENDING SPECIAL ELECTION: PARTY-AFFILIATED AT-LARGE COUNCIL SEAT
909 APPOINTMENT PENDING SPECIAL ELECTION: NON-PARTY AFFILIATED AT-LARGE COUNCIL SEAT
910 SPECIAL ELECTIONS
900 FILLING VACANCIES
900.1 This chapter governs the procedures of the District of Columbia Board of Elections in the event a vacancy occurs in any of the following offices prior to the expiration of the term of office:
(a) The Mayor of the District of Columbia;
(b) The Chairman of the Council of the District of Columbia;
(c) At-large and ward Members of the Council of the District of Columbia;
(d) The Attorney General for the District of Columbia;
(e) At-large and ward members of the State Board of Education; and
(f) Delegate to the House of Representatives.
900.2 A vacancy shall exist in the offices specified in this section when any of the following occurs during the public official’s term of office:
(a) Resignation;
(b) Death; or
(c) Declaration of vacancy by a court.
900.3 A vacancy shall also exist in the offices of Mayor, Member of the Council of the District of Columbia, Attorney General, or Member of the State Board of Education whenever a recall election is conducted and, as a result of that recall election, an elected officer is removed from office.
901 VACANCY IN THE OFFICE OF MAYOR
901.1 When the Mayor resigns his or her office prior to expiration of the term, the resignation shall be in writing and in duplicate.
901.2 The Mayor shall forward one (1) duplicate original of the resignation to the Chairman of the Council and one (1) duplicate original to the Chairman of the D.C. Board of Elections (Board).
901.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue notification as provided in this chapter.
901.4 When the Mayor dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the Mayor, certify the seat vacant and issue the appropriate notification as provided in this chapter.
901.5 When a vacancy in the office of Mayor is declared by court order, the Board shall, as soon as practicable after a court declaration, notify the Chairman of the Council of the vacancy by registered mail.
901.6 When a vacancy in the office of Mayor occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, certify the seat vacant and issue the appropriate notification as provided in this chapter.
902 VACANCY IN THE OFFICE OF CHAIRMAN OF THE COUNCIL
902.1 When the Chairman resigns his or her office prior to expiration of the term, the resignation shall be in writing and in duplicate.
902.2 The Chairman shall forward one (1) duplicate original of the resignation to the Mayor and one (1) duplicate original to the Chairperson of the D.C. Board of Elections.
902.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue notification as provided in this chapter.
902.4 When the Chairman dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the Chairman, certify the seat vacant and issue the appropriate notification as provided in this chapter.
902.5 When a vacancy in the office of Chairman of the Council is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Mayor of the vacancy by registered mail.
902.6 When a vacancy in the office of Chairman of the Council occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, certify the seat vacant and issue the appropriate notification as provided in this chapter.
903 VACANCY IN THE OFFICE OF MEMBER OF THE COUNCIL
903.1 When a member of the Council resigns his or her office prior to the expiration of the term, the resignation shall be in writing and in duplicate.
903.2 The resigning member of the Council shall forward one (1) duplicate original of the resignation to the Mayor and one (1) duplicate original to the Chairperson of the D.C. Board of Elections.
903.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue the appropriate notification as provided in this chapter.
903.4 When a member of the Council dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the member of the Council, certify the seat vacant and issue the appropriate notification as provided in this chapter.
903.5 When a vacancy in the office of Member of the Council is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Chairman of the Council of the vacancy by registered mail and provide any other notice as required in this chapter.
903.6 When a vacancy occurs in the office of Member of the Council as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, certify the seat vacant and issue the appropriate notification as provided in this chapter.
904 VACANCY IN THE OFFICE OF ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA
904.1 When the Attorney General resigns his or her office prior to expiration of the term, the resignation shall be in writing and in triplicate.
904.2 The resigning Attorney General shall forward one (1) triplicate original of the resignation to the Mayor, one (1) triplicate original to the Chief Deputy Attorney General, and one (1) triplicate original to the Chairperson of the D.C. Board of Elections.
904.3 Within five (5) working days of receipt of the resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue the appropriate notification as provided in this chapter.
904.4 When the Attorney General dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death, certify the seat vacant and issue the appropriate notification as provided in this chapter.
904.5 When a vacancy in the office of Attorney General is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Chief Deputy Attorney General of the vacancy by registered mail.
904.6 When a vacancy in the office of Attorney General occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, do the following:
(a) Certify the seat vacant;
(b) Notify the Chief Deputy Attorney General; and
(c) Issue the appropriate notification as provided in this chapter.
905 VACANCY IN THE OFFICE OF ELECTED MEMBER OF THE STATE BOARD OF EDUCATION
905.1 When a member of the State Board of Education resigns his or her office prior to expiration of the term, the resignation shall be in writing and in duplicate.
905.2 The resigning member of the State Board of Education shall forward one (1) duplicate original of the resignation to the Mayor and one (1) duplicate original to the Chairperson of the D.C. Board of Elections.
905.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue the appropriate notification as provided in this chapter.
905.4 When a member of the State Board of Education dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the member of the State Board of Education, certify the seat vacant and issue the appropriate notification as provided in this chapter.
905.5 When a vacancy in the office of Member of the State Board of Education is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the President of the State Board of Education of the vacancy by registered mail.
905.6 When a vacancy in the office of Member of the State Board of Education occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, do the following:
(a) Certify the seat vacant;
(b) Notify the State Board of Education; and
(c) Issue the appropriate notification as provided in this chapter.
906 VACANCY IN THE OFFICE OF DELEGATE TO THE HOUSE OF REPRESENTATIVES
906.1 When the Delegate to the House of Representatives resigns his or her office prior to expiration of the term, the resignation shall be in writing and in triplicate.
906.2 The Delegate shall forward one (1) triplicate original of the resignation to the Mayor, one (1) triplicate original to the Speaker of the House of Representatives, and one (1) triplicate original to the Chairperson of the D.C. Board of Elections.
906.3 Within five (5) working days of receipt of the resignation, the Board shall certify the seat vacant effective as provided by the resignation and issue the appropriate notification as provided in this chapter.
906.4 When the Delegate to the House of Representatives dies while still serving his or her term of office, the Board shall within five (5) working days of notice of the death of the Delegate to the House of Representatives, certify the seat vacant, and issue the appropriate notification as provided in this chapter.
906.5 When a vacancy in the office of Delegate to the House of Representatives is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Mayor of the vacancy by registered mail.
907 PUBLIC NOTICE OF VACANCY AFTER BOARD CERTIFICATION
907.1 As soon as practicable after a formal order by the D.C. Board of Elections or a court declaring any vacancy in the offices enumerated in § 900.1, the Board publish notice of the vacancy in the D.C. Register and on the Board’s website.
907.2 If a formal order by the Board or a court is entered declaring a vacancy in a party-affiliated at-large seat on the Council, the Board shall inform the Chairperson of the party to which the Councilmember belongs of the vacancy by registered mail and of the rules directing the required action.
907.3 If a formal order by the Board or a court is entered declaring a vacancy in a non- party-affiliated at-large seat on the Council, the Board shall inform the Council of the District of Columbia of the vacancy and of the rules relating to the appropriate action.
908 APPOINTMENT PENDING SPECIAL ELECTION: PARTY-AFFILIATED AT-LARGE COUNCIL SEAT
908.1 Within a reasonable period after receiving notice from the D.C. Board of Elections of a vacancy in a party-affiliated at-large council seat, the central (state) committee of that party shall appoint a qualified elector registered with the same party to fill the office until the D.C. Board of Elections holds a special election and certifies the winner as provided by D.C. Official Code § 1-204.01(d)(2) (2012 Repl.).
908.2 The central (state) committee of the party appointing a registered qualified elector affiliated with its party shall be currently registered as a political committee with the D.C. Board of Elections and have on file with the Board a certified copy of the organization’s current constitution and by-laws.
908.3 The elector appointed to the Council pursuant to the Charter and these rules shall, within thirty (30) days of the appointment, comply with the requirements of D.C. Official Code § 1-1106.02(a) and (b) (2012 Repl.).
909 APPOINTMENT PENDING SPECIAL ELECTION: NON-PARTY AFFILIATED AT-LARGE COUNCIL SEAT
909.1 Within a reasonable period of time after receiving notice from the D.C. Board of Elections of a vacancy in a non-party affiliated at-large seat, the Council of the District of Columbia shall appoint a qualified elector who is not affiliated with any political party.
909.2 The elector appointed Councilmember at-large shall fill the office until the D.C. Board of Elections holds a special election and certifies the winner, as provided by D.C. Official Code § 1-204.01(d)(2) (2012 Repl.).
909.3 The elector appointed to the Council pursuant to the Charter and this chapter shall, within thirty (30) days of the appointment, comply with the requirements of D.C. Official Code § 1-1106.02(a) and (b) (2012 Repl.).
910 SPECIAL ELECTIONS
910.1 The D.C. Board of Elections shall conduct a special election in order to elect an individual to serve the unexpired portion of the term of office vacated, except that no special election shall be conducted when:
(a) A vacancy occurs in the office of Delegate on or after May 1st of the last year of the Delegate’s term of office; or
(b) A vacancy occurs in the office of member of the Board of Education on or after February 1st of the last year of the term of the affected office.
910.2 At the time of the certification of a vacancy, the Board shall, if applicable, call a special election. A call for a special election shall include the following:
(a) The date upon which the special election is to be held;
(b) The date upon which nomination petition forms will be made available to candidates; and
(c) Other relevant election calendar information.
910.3 A special election held pursuant to this chapter shall be held on a Tuesday occurring at least seventy (70) days and not more than one hundred seventy-four (174) days after the date on which such vacancy occurs, which the Board determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation.
910.4 Within seven (7) days after the certification of a vacancy, the Board shall make available nomination petition forms to candidates seeking nomination to fill the vacancy.
910.5 The qualifications for ballot access of candidates and the rules governing the access in any special election held to fill a vacancy shall be the same as those for direct nomination to the office in any general election, as provided for in D.C. Official Code § 1- 1001.08(j) (2012 Repl.) and Chapter 16 of this title.
910.6 All elections provided in this section are special elections, even though the balloting may be at the same time as a previously scheduled primary or general election.
Section 1004, NON-RESIDENT CIRCULATORS, of Chapter 10, INITIATIVE AND REFERENDUM, is amended in its entirety to read as follows:
1004 NON-RESIDENT CIRCULATORS
1004.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of the measure in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges 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) Consents 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.
1004.2 Each non-resident petition circulator shall 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 (the issue, bill, or statement date is no earlier than 90 days before the election at issue) utility bill, bank statement, government check, or paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
Section 1104, NON-RESIDENT CIRCULATORS, of Chapter 11, RECALL OF ELECTED OFFICIALS, is amended in its entirety to read as follows:
1104 NON-RESIDENT CIRCULATORS
1104.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of the measure in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email
address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges 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; and
(e) Consents 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.
1104.2 Each non-resident petition circulator shall 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 (the issue, bill, or statement date is no earlier than ninety (90) days before the beginning of the petition circulation period) utility bill, bank statement, government check, or paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
Section 1404 ,NON-RESIDENT CIRCULATORS, of Chapter 14, CANDIDATE NOMINATIONS: POLITICAL PARTY PRIMARIES FOR PRESIDENTIAL PREFERENCE AND CONVENTION DELEGATES, is amended in its entirety to read as follows:
1404 NON-RESIDENT CIRCULATORS
1404.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges 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) Consents 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.
1404.2 Each non-resident petition circulator shall 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 (the issue, bill, or statement date is no earlier than 90 days before the beginning of the petition circulation period) utility bill, bank statement, government check, or paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
Section 1504, NON-RESIDENT CIRCULATORS, of Chapter 15, CANDIDATE NOMINATIONS: ELECTORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES, is amended in its entirety to read as follows:
1504 NON-RESIDENT CIRCULATORS
1504.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges 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) Consents 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.
1504.2 Each non-resident petition circulator shall 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 (the issue, bill, or statement date is no earlier than ninety (90) days before the beginning of the petition circulation period) utility bill, bank statement, government check, or paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
Section 1600, GENERAL PROVISIONS, of Chapter 16, CANDIDATE NOMINATION: DELEGATE TO THE U.S. HOUSE OF REPRESENTATIVES, MAYOR, CHAIRMAN AND MEMBERS OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, ATTORNEY GENERAL, U.S. SENATOR, U.S. REPRESENTATIVE, MEMBERS OF HE STATE BOARD OF EDUCATION, AND ADVISORY NEIGHBOORHOOD COMMISSIONER, is amended in its entirety to read as follows:
1600 GENERAL PROVISIONS
1600.1 This chapter governs the process by which candidates seek nomination to the offices of Delegate to the U.S. House of Representatives, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, U.S Representative, Members of the State Board of Education, and Advisory Neighborhood Commissioner.
1600.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:
(a) The term “authorized political party” means a political party that was organized prior to and continuously from the passage of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code §§ 1-1001.01 et seq.), or whose name has been approved by the Board pursuant to the rules of this chapter;
(b) The term “major party” means an authorized political party which is qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08(h)(2);
(c) The term “minor party” means an authorized political party which is not qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08(h)(2);
(d) The term “District partisan office” means the offices of Delegate to the U.S. House of Representatives, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, and U.S Representative;
(e) The term “direct nomination” (“nominated directly”) means seeking nomination during an election other than a primary pursuant to D.C. Official Code § 1-1001.08(j)(1);
(f) The term “qualified petition circulator” means an individual who is:
(i) At least 18 years of age; and
(ii) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
(g) The term “independent” refers to an individual who is not affiliated with any authorized political party.
1600.3 Each candidate for District partisan office shall seek nomination as a candidate who is either:
(a) Registered with a major party;
(b) Registered with a minor party; or
(c) Registered as an independent.
1600.4 Any person who seeks nomination as a candidate for District partisan office and who is registered with a major party shall be required to seek nomination during such political party’s primary election. No person who is registered with a major party shall be nominated directly as a candidate for District partisan office in any general election.
1600.5 No person shall be nominated directly for District partisan office in a general election if such person’s name was printed upon a ballot of any immediately preceding primary election for that office.
1600.6 Notwithstanding Subsections 1600.4 and 1600.5, a major party may nominate an individual to fill a vacancy in the position of candidate and be placed on the ballot as that party’s candidate for a District partisan office in a general election pursuant to D.C. Official Code §§ 1-1001.10(b)(1) and (d)(1). The individual the major party nominates may appear on the general election ballot provided that:
(a) He or she meets the qualifications for holding the office sought; and
(b) The party submits the individual’s name to the Board on or before the fifty-fourth (54th) day before the general election.
1600.7 Each candidate seeking nomination of any authorized political party shall be registered with such party.
1600.8 No person who is registered with any authorized political party shall be permitted to seek direct nomination as an independent candidate.
Section 1604, NON-RESIDENT CIRCULATORS, is amended in its entirety to read as follows:
1604 NON-RESIDENT CIRCULATORS
1604.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges 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; and
(e) Consents 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.
1604.2 Each non-resident petition circulator shall 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 (the issue, bill, or statement date is no earlier than ninety (90) days before the beginning of the petition circulation period) utility bill, bank statement, government check, or paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
Section 1704, NON-RESIDENT CIRCULATORS, of Chapter 17, CANDIDATES: MEMBERS AND OFFICIALS OF LOCAL COMMITTEES OF POLITICAL PARTIES AND NATIONAL COMMITTEE PERSONS, is amended in its entirety to read as follows:
1704 NON-RESIDENT CIRCULATORS
1704.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:
(a) Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;
(b) Provides his or her name, residential address, telephone number, and email address;
(c) Swears under oath or affirms that he or she is at least eighteen (18) years of age;
(d) Acknowledges 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; and
(e) Consents 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.
1704.2 Each non-resident petition circulator shall 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 (the issue, bill, or statement date is no earlier than 90 days before the beginning of the petition circulation period) utility bill, bank statement, government check, or paycheck;
(c) A copy of a government-issued document; or
(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.
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.
Document Information
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