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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Code § 1-1001.05 (a)(14) hereby gives notice of emergency and proposed rulemaking action to adopt the following amendments to 3 DCMR Chapter 7, “Election Procedures.” These amendments clarify the limitations on receiving replacement ballots.
In order for these amendments to be in place prior to the September 14, 2010 Primary Election, it was necessary for the Board to adopt the following emergency amendments to the rules. The Board took such action at a special meeting which took place on Thursday, August 12, 2010 at which time the amendments became effective.
The emergency amendments to the rules will expire on Monday, December 20, 2010, one hundred twenty (120) days after the emergency rulemaking takes effect, or upon publication of the Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Board hereby gives notice of its intent to take final rulemaking action to adopt these amendments in not fewer than thirty (30) days from the date of publication of this notice in the D.C. Register.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not 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 and Ethics, 441 4th Street, N.W., Suite 270N, Washington, D.C. 20001. 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 5:00 p.m.
Section 716 of Chapter 7 of 3 DCMR, “Spoiled Ballots,” shall be amended to read as follows:
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 to 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 original, two 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 additional ballot after the first 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.
