509170 Notice of Emergency Rulemaking, 3 DCMR Chapter 8, "Tabulation and Certification of Election Results": amending the date on which absentee ballots will be tabulated following a general election.

DISTRICT OF COLUMBIA

BOARD OF ELECTIONS AND ETHICS

 

NOTICE OF EMERGENCY 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 rulemaking action to adopt the following amendments to 3 DCMR Chapter 8, “Tabulation and Certification of Election Results.” 

 

These emergency rules make further amendments to emergency rules that were adopted by the Board at a special meeting which took place on Thursday, August 12, 2010, and published in the D.C. Register in a Notice of Emergency and Proposed Rulemaking at 57 D.C. Reg. 7705, 7714 (August 20, 2010).  In summary, the emergency rules amend the date on which absentee ballots will be tabulated following a general election.

 

This emergency rulemaking is necessary for the immediate preservation of the public peace and welfare of District residents because of the upcoming September 14, 2010 Primary Election and the November 2, 2010 General Election in the District of Columbia.  The Board adopted these emergency rules at a special meeting which took place on Wednesday, September 1, 2010 at which time the amendments became effective.

 

The emergency amendments to the rules will expire on December 30, 2010, one hundred twenty (120) days after the emergency rulemaking takes effect.

 

Section 808, “Absentee Ballot Tabulation,” of Chapter 8 of 3 DCMR shall be amended to read as follows:

 

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               Absentee ballots received by the Board prior to the close of business on the Friday preceding an election shall be tabulated after polls have closed on Election Day.  Absentee ballots received after the Friday preceding an election shall be secured and tabulated ten (10) days after a primary election or seventeen (17) days after a general election.

 

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.