Chapter 10. Elections.

Subchapter I. Regulation of Elections.

§ 1–1001.01. Election of electors.

In the District of Columbia electors of President and Vice President of the United States, the Delegate to the House of Representatives, the members of the State Board of Education, the members of the Council of the District of Columbia, the Attorney General for the District of Columbia, the Mayor, United States Senator and Representative, Advisory Neighborhood Commissioners, and the following officials of political parties in the District of Columbia shall be elected as provided in this subchapter:

(1) National committeemen and national committeewomen;

(2) Delegates to conventions and conferences of political parties including delegates to nominate candidates for the Presidency and Vice Presidency of the United States;

(3) Alternates to the officials referred to in paragraphs (1) and (2) of this section, where permitted by political party rules; and

(4) Such members and officials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election at large or by ward in the District of Columbia.

(Aug. 12, 1955, 69 Stat. 699, ch. 862, § 1; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1(1); Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(1); Sept. 22, 1970, 84 Stat. 853, Pub. L. 91-405, title II, § 205(e)(1); Dec. 23, 1971, 85 Stat. 788, Pub. L. 92-220, § 1(1); Dec. 24, 1973, 87 Stat. 832, Pub. L. 93-198, title VII, § 751(1); Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(a), 29 DCR 458; Oct. 18, 2007, D.C. Law 17-26, § 2(a), 54 DCR 8018; May 27, 2010, D.C. Law 18-160, § 131(a), 57 DCR 3012; Mar. 3, 2015, D.C. Law 20-167, § 2(a), 61 DCR 10738; Apr. 6, 2023, D.C. Law 24-342, § 3(a), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1301.

1973 Ed., § 1-1101.

Section References

This section is referenced in § 1-1001.08, § 1-1001.10, § 1-1161.01, § 1-1163.02, § 1-1163.05, § 1-1163.06, § 1-1163.16, § 1-1163.35, and § 38-2651.

Effect of Amendments

D.C. Law 17-26, in par. (2), deleted “: Provided, that all elections for delegates to conventions and conferences of political parties, upon the request of the said party, shall be scheduled at the same time as primary, general, or special elections already scheduled for other purposes” following “United States”.

D.C. Law 18-160, in the introductory language, inserted “the Attorney General for the District of Columbia,”.

The 2015 amendment by D.C. Law 20-167 substituted “State Board of Education” for “Board of Education” in the introductory paragraph.

Cross References

Advisory neighborhood commissions, elections, authorization, see § 1-309.09.

Board of Elections and Ethics, fines and penalties, advisory opinions, see § 1-1103.05.

Council, elections, terms of office, vacancies, see § 1-204.01.

Elections, “political party” defined, see § 1-1101.01.

House of representatives, delegates, privileges and restrictions, qualifications, see § 1-401.

Statehood constitutional convention initiative, delegates, at-large and ward candidates, see § 1-124.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of the Special Election Reform Emergency Amendment Act of 2014 (D.C. Act 20-617, Jan. 28, 2015, 62 DCR 1908, 21 STAT 794).

§ 1–1001.02. Definitions.

For the purposes of this subchapter:

(1) The term “District” means the District of Columbia.

(2) The term “qualified elector” means a person who:

(A) Is at least 17 years of age and who will be 18 years of age on or before the next general election;

(B) Is a citizen of the United States; except, that this subparagraph shall not apply in a local election;

(C) Has maintained a residence in the District for at least 30 days preceding the next election and does not claim voting residence or right to vote in any state, territory, or country; and

(D) Repealed.

(E) Has not been found by a court of law to be legally incompetent to vote.

(3) The term “Board” means the District of Columbia Board of Elections provided for by § 1-1001.03.

(4) The term “ward” means an election ward established by the Council.

(5) The term “State Board of Education” means the State Board of Education established by § 38-2651.

(6) The term “Delegate” means the Delegate to the House of Representatives from the District of Columbia.

(7) The term “felony” includes any crime committed in the District of Columbia referred to in §§ 1-1001.14, 1-1162.32, and 1-1163.35.

(8) The term “Council” or “Council of the District of Columbia” means the Council of the District of Columbia established pursuant to the District of Columbia Home Rule Act [§ 1-201.01 et seq.].

(9) The term “Mayor” means the Office of Mayor of the District of Columbia established pursuant to the District of Columbia Home Rule Act [§ 1-202.01 et seq.].

(9A) The term “Attorney General” or “Attorney General for the District of Columbia” means the Attorney General for the District of Columbia provided for by part D-i of subchapter I of Chapter 3 [§ 1-301.81 et seq.] and § 1-204.35.

(10) The term “initiative” means the process by which the electors of the District of Columbia may propose laws (except laws appropriating funds) and present such proposed laws directly to the registered qualified electors of the District of Columbia for their approval or disapproval.

(11) The term “referendum” means the process by which the registered qualified electors of the District of Columbia may suspend acts, or some part or parts of acts, of the Council of the District of Columbia (except emergency acts, acts levying taxes, or acts appropriating funds for the general operating budget) until such acts or part or parts of acts have been presented to the registered qualified electors of the District of Columbia for their approval or rejection.

(12) The term “recall” means the process by which the registered qualified electors of the District of Columbia may call for the holding of an election to remove or retain an elected official of the District of Columbia (except the Delegate to Congress for the District of Columbia) prior to the expiration of the elected official's term.

(13) The term “elected official” means the Mayor, the Chairman and members of the Council, the Attorney General, members of the State Board of Education, the Delegate to Congress for the District of Columbia, United States Senator and Representative, and advisory neighborhood commissioners of the District of Columbia.

(14) The term “printed” shall include any document produced by letterpress, offset press, photo reproduction, multilith, or other mass reproduction means.

(15) The term “proposer” means one or more of the registered qualified electors of the District of Columbia, including any entity, the primary purpose of which is the success or defeat of a political party or principle, or any question submitted to vote at a public election by means of an initiative, referendum or recall as authorized in amendments numbered 1 and 2 to Title IV of the Home Rule Act (§§ 1-204.101 to 1-204.115). Such entities shall be treated as a political committee as defined in § 1-1161.01(44) for purposes of this subchapter.

(16)(A) The term “residence,” for purposes of voting, means the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which the person’s habitation is fixed and to which a person, whenever a person is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of the absence.

(B) In determining what is a principal or primary place of abode of a person the following circumstances relating to the person may be taken into account:

(i) Business pursuits;

(ii) Employment;

(iii) Income sources;

(iv) Residence for income or other tax purposes;

(v) Residence of parents, spouse, and children;

(vi) Leaseholds;

(vii) Situs of personal and real property; and

(viii) Motor vehicle registration.

(C) A qualified elector who has left the qualified elector's home and gone into another state or territory for a temporary purpose only shall not be considered to have lost the qualified elector's residence in the District.

(D) If a qualified elector moves to another state or territory with the intention of making it the qualified elector's home, the qualified elector shall notify the Board, in writing, and shall be considered to have lost residence in the District.

(E) No person shall be deemed to have gained or lost a residence by reason of absence while employed in the service of the District or the United States governments, while a student at any institution of learning, while kept at any institution at public expense, or while absent from the District with the intent to have the District remain the person's residence. If a person is absent from the District, but intends to maintain residence in the District for voting purposes, the person shall not register to vote in any other state or territory during his or her absence.

(17) The term “voter registration agency” means an office designated under § 1-1001.07(d)(1) and the National Voter Registration Act of 1993 to perform voter registration activities.

(18) The term “application distribution agency” means an agency designated under § 1-1001.07(d)(14) in whose office or offices mail voter registration applications are made available for general distribution to the public.

(19) The term “duly registered voter” means a registered voter who resides at the address listed on the Board’s records.

(20) The term “registered qualified elector” means a registered voter who resides at the address listed on the Board’s records.

(21) The term “qualified registered elector” means a registered voter who resides at the address listed on the Board’s records.

(22) The term “voting system” means:

(A) The combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment used to:

(i) Define ballots;

(ii) Cast and count votes;

(iii) Report or display elections results; and

(iv) Maintain and produce a permanent record; and

(B) The practices and documentation used to:

(i) Identify system components and versions of components;

(ii) Test the system during its development and maintenance;

(iii) Maintain records of system errors and defects;

(iv) Determine necessary system changes after the initial qualification of the system; and

(v) Provide voters with notices, instructions, forms, paper ballots, or other materials.

(23) The term “Help America Vote Act of 2002” means the Help America Vote Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S.C. § 15301 et seq.).

(24) The term “gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).

(25) The term "election observers” means persons who witness the administration of elections, including individuals representing nonpartisan domestic and international organizations, including voting rights organizations, civil rights organizations, and civic organizations.

(26) The term "qualified petition circulator" means a person who is at least 17 years of age and who will be 18 years of age on or before the next general election and either:

(A) A District resident; or

(B) A resident of another jurisdiction who has registered with the Board as a petition circulator and consented to being subject to the subpoena power of the Board and the jurisdiction of the Superior Court of the District of Columbia for the enforcement of subpoenas without respect to the individual’s place of residence.

(27) The term "digital voter service system" means a website or mobile application that allows an individual to do the following:

(A) Apply to become a registered voter;

(B) Change the individual's name, address, or party affiliation in the individual's existing voter registration record; and

(28) The term "DMV" means the Department of Motor Vehicles.

(29) The term "mobile application" means specialized software, designed for a mobile device, in which electronic signatures are collected on an electronic petition.

(30) The term "mobile device" means a handheld, portable, wireless computing device, including a tablet computer or mobile phone.

(31) The term "polling place" shall have the same meaning as the term "Vote Center".

(32) The term "DOC" means the Department of Corrections.

(33) The term "automatic voter registration agency" means an agency designated under § 1-1001.07(c)(1) to automatically register qualified electors to vote.

(34) The term "local election" means:

(A) An election for:

(i) Mayor;

(ii) Chairman or member of the Council;

(iii) Attorney General;

(iv) Member of the State Board of Education; or

(v) Advisory Neighborhood Commissioner; or

(B) An initiative, referendum, recall, or charter amendment measure on a District ballot.

(35) The term "ballot drop box" means a secured container in which a registered qualified elector may deposit a completed ballot.

(36) The term "mail-in ballot" means:

(A) A physical ballot received by a registered qualified elector via mail; or

(B) An alternate format ballot, such as a web-based ballot, that is accessible to registered qualified electors with disabilities and absent uniformed services and overseas voters.

(37) The term "Vote Center" means a centralized polling place at which registered qualified electors may vote, regardless of their address within the District; except, that only registered qualified electors in the care and custody of the Department of Corrections may vote at Vote Centers located in Department of Corrections facilities.

§ 1–1001.03. Board of Elections — Created; composition; term of office; vacancies; reappointment; designation of Chairman.

(a) There is created a District of Columbia Board of Elections (hereafter in this subchapter referred to as the “Board”), to be composed of 3 members, no more than 2 of whom shall be of the same political party, appointed by the Mayor, with the advice and consent of the Council. Members shall be appointed to serve for terms of 3 years, except the members 1st appointed under this subchapter. One member shall be appointed to serve for a 1-year term, 1 member shall be appointed to serve for a 2-year term, and 1 member shall be appointed to serve for a 3-year term, as designated by the Mayor.

(b) Any person appointed to fill a vacancy on the Board shall be appointed only for the unexpired term of the member whose vacancy the person is filling.

(c) A member may be reappointed, and, if not reappointed, the member shall serve until the member's successor has been appointed and qualifies.

(d) The Mayor shall, from time to time, designate the Chairperson of the Board.

(Aug. 12, 1955, 69 Stat. 699, ch. 862, § 3; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1(2); Dec. 24, 1973, 87 Stat. 809, Pub. L. 93-198, title IV, § 491; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Sept. 2, 1976, D.C. Law 1-79, title I, § 102(2), 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(c), (p), (q), 29 DCR 458; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(2), 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 5(a), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 2(b), 68 DCR 001073.)

Prior Codifications

1981 Ed., § 1-1303.

1973 Ed., § 1-1103.

Section References

This section is referenced in § 1-315.02, § 1-523.01, § 1-1001.02, and § 1-1061.02.

Effect of Amendments

D.C. Law 19-124, in the section heading and subsec. (a), substituted “Board of Elections” for “Board of Elections and Ethics”.

Cross References

Board of Elections and Ethics, Director of the Office of Campaign Finance, see § 1-1103.01 et seq.

Government reorganization procedures, “agency” defined, see § 1-315.02.

Nomination and approval of agency heads, see § 1-523.01.

Nominees and candidates for public office, disclosure of conflicts of interest, see § 1-1106.02.

Applicability

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 5(a) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 401(g)(2) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Editor's Notes

Definitions applicable: The definitions contained in § 1-202 apply to terms appearing in the amendment to this section made by the Act of December 24, 1973, 87 Stat. 809, Pub. L. 93-198.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 1–1001.04. Board of Elections — Qualifications; prohibited activities; compensation; removal; time for filling vacancy.

(a) When appointing a member of the Board, the Mayor and Council shall consider whether the individual possesses demonstrated integrity, independence, and public credibility and whether the individual has particular knowledge, training, or experience in elections law and procedure. A person shall not be a member of the Board unless the individual:

(1) Is a duly registered voter;

(2) Has resided in the District continuously since the beginning of the 3-year period ending on the day the individual is appointed; and

(3) Holds no other paid office or employment in the District government.

(b) No person, while a member of the Board, shall:

(1) Campaign for any other public office;

(2) Hold any office in any political party or political committee;

(3) Participate in or contribute to any political campaign of any candidate in any election held under this subchapter;

(3A) Be an officer or a director of an organization receiving District funds, or an employee of an organization receiving District funds, who has managerial or discretionary responsibilities with respect to those funds;

(4) Act in the person's capacity as a member, to directly or indirectly attempt to influence any decision of a District government agency, department, or instrumentality relating to any action which is beyond the jurisdiction of the Board; or

(5) Be convicted of having committed a felony in the District of Columbia; or if the crime is committed elsewhere, conviction of such offense as would be a felony in the District of Columbia.

(d)(1) The Mayor may remove any member of the Board who engages in any activity prohibited by subsection (a) or (b) of this section, and appoint a new member to serve until the expiration of the term of the member so removed. When the Mayor believes that any member has engaged in any such activity the Mayor shall notify such member, in writing, of the charge against the member and that such member has 7 days in which to request a hearing before the Council on such charge. If such member fails to request a hearing within 7 days after receiving such notice then the Mayor may remove such member and appoint a new member.

(2) The hearing requested by a member may be either open or closed, as requested by such member. In the event such hearing is closed, the vote of the Council as a result of such hearing shall be taken at an open meeting of the Council. The Council shall begin such hearings within 60 calendar days after receiving notice from the Mayor indicating that a member has requested such a hearing. If two-thirds of the Council vote to remove such member then such member shall be removed.

(e) Any vacancy occurring on the Board shall be filled within 45 days after the occurrence of such vacancy, excluding Saturdays, Sundays, and holidays.

§ 1–1001.05. Board of Elections — Duties.

(a) The Board shall:

(1) Accurately maintain a uniform, interactive computerized voter registration list which shall serve as the official voter registration list for all elections in the District, and shall contain the name, registration information, and a unique identifier assigned for every registered voter in the District. The voter registration list shall be administered pursuant to the Help America Vote Act of 2002 and pertinent federal and local law, and shall be coordinated with other District agency databases;

(2) Take whatever action is necessary and appropriate to actively locate, identify, and register qualified voters;

(3) Conduct elections;

(4) Provide for recording and counting votes by means of ballots or machines or both; provided, that the Board may begin counting votes 15 days before the day of the election, but may not publish or disclose tabulation results before 8:00 p.m. on the day of the election;

(5) Repealed.

(6) Publish in 1 or more newspapers of general circulation in the District, a sample copy of the official ballot to be used in any such election; provided, that nothing contained herein shall require the publication of a sample copy of the official ballots to be used in the advisory neighborhood commissions’ elections;

(7) Publish in the District of Columbia Register on the 3rd Friday of every month, the total number of qualified electors registered to vote in the District as of the last day of the month preceding publication. Such notice shall be broken down by ward and political party affiliation, where applicable, and shall list the total number of new registrants, party changes, cancellations, changes of names, and/or addresses processed under each category;

(8) Every 5 years, divide the District into appropriate voting precincts, each of which shall contain at least 350 registered persons; and draw precinct lines within election wards created by the Council, subject to the approval of the Council, in whole or in part, by resolution;

(9) Operate Vote Centers, including a Vote Center for incarcerated individuals in the Department of Corrections' care and custody at the Central Detention Facility and Correctional Treatment Facility;

(9A) Before any upcoming voter registration or mail-in ballot deadlines and with reasonable time for qualified electors to return materials to the Board:

(A) Provide to every unregistered qualified elector in the Department of Corrections' care or custody and endeavor to provide to every unregistered qualified elector in the Bureau of Prisons' care or custody:

(i) A voter registration form and postage-paid return envelope; and

(ii) Lay-friendly educational materials about the importance of voting and the right of an individual currently incarcerated or with a criminal record to vote in the District;

(B) Provide to every registered qualified elector in the Department of Corrections' care or custody and endeavor to provide to every registered qualified elector in the Bureau of Prisons' care or custody:

(i) A voter guide, if such a guide is published by the Board;

(ii) Lay-friendly educational materials about the importance of voting and the right of an individual currently incarcerated or with a criminal record to vote in the District; and

(iii) A mail-in ballot and postage-paid return envelope; and

(C) Provide to every registered qualified elector in the care and custody of the Department of Corrections and the Department of Youth Rehabilitation Services information about the importance of and process for keeping their voter registration information, including their residence address, current and up-to-date;

(10) Provide information regarding procedures for voter registration and mail-in ballots to absent uniformed services voters and overseas voters in United States elections, accept valid voter registration applications and mail-in ballots, including write-in ballots, from those voters, and comply with the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. § 1873ff et seq.);

(10A) Accept absentee ballots postmarked or otherwise proven to have been sent on or before the day of the election, and received by the Board no later than the 7th day after the election;

(10B) Accept mail-in ballots that are either:

(A) Postmarked or otherwise proven to have been mailed on or before election day and received by the Board no later than the 10th day after election day; or

(B) Received by the Board by 8 p.m. on election day:

(i) In a ballot drop box or at a Vote Center; or

(ii) Electronically, in the case of alternate format ballots submitted by registered qualified electors with disabilities and absent uniformed services and overseas voters;

(10C) Create, maintain, and user-test an electronic ballot tracking system, updated daily, to:

(A) Notify voters regarding the status of their mail-in and special ballots; and

(B) Allow voters to:

(i) Track, via the Board's website, the status of their:

(I) Mail-in ballots, including the dates on which the mail-in ballot was mailed to the voter and received, processed, and accepted or rejected by the Board; and

(II) Special ballots, including the date of acceptance or rejection and reason, if rejected; and

(ii) Submit comments to the Board regarding the status of their mail-in and special ballots or the electronic ballot tracking system;

(10D) Promulgate rules governing signature verification for mail-in ballots, including processes for curing signature deficiencies and, if a registered qualified elector has a disability preventing them from signing a mail-in ballot return envelope, allowing the registered qualified elector to use a mark instead of a signature;

(10E) Not fundeded.

(10F) Maintain a centralized process for receiving public and voter concerns and comments through the Board's website that confirms receipt and provides confirmation numbers to allow those submitting concerns and comments to track their submission;

(11) Certify nominees and the results of elections in sufficient time to comply with the requirements of the Uniformed and Overseas Citizens Absentee Voter Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.);

(12) Take all reasonable steps to inform qualified electors about elections and voting, including by:

(A) If a voter guide is published by the Board:

(i) Ensuring the voter guide is available on the Board's website and accessible for voters with visual impairments;

(ii) Permitting registered qualified electors to elect to receive the voter guide by electronic means in lieu of by mail;

(iii) Emailing an electronic voter guide to those registered qualified electors for whom the Board maintains email addresses; and

(iv) Mailing a physical voter guide to those registered qualified electors who have not elected to receive a voter guide by electronic means in lieu of by mail; and

(B) Separately from the information's inclusion in a voter guide, emailing those registered qualified electors for whom the Board maintains email addresses instructions about mail-in voting, early voting, Vote Center locations, Vote Center wait times, ballot drop box locations, and how to update their voter registration information;

(13) Repealed;

(14) Issue such regulations and expressly delegate authority to officials and employees of the Board (such delegations of authority only to be effective upon publication in the District of Columbia Register) as are necessary to carry out the purposes of this subchapter, subchapter VII of this chapter, and related acts requiring implementation by the Board. The regulations authorized by this paragraph include those necessary to determine that candidates meet the statutory qualifications for office; define the form of petitions; establish rules for the circulation and filing of petitions; establish criteria to determine the validity of signatures on petitions; and provide for the registration of any political party seeking to nominate directly candidates in any general or special election;

(15) Take reasonable steps to facilitate voting by persons with disabilities, qualified to vote under this subchapter, and to authorize such persons to cast a ballot with the assistance of a person of their own choosing;

(15A) At the request of a candidate, consider what action, if any, should be taken to clarify the identity of a candidate if there is potential for confusion among voters about the identity of a candidate because of the similarity of the candidate's name to another candidate or elected official;

(16) Perform such other duties as are imposed upon it by this subchapter;

(17) Perform duties imposed upon it by subchapter VII of this chapter;

(18) Tabulate all ballots in sufficient time to comply with the requirements of the Uniformed and Overseas Citizens Absentee Voter Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.);

(19)(A) Obtain or develop a mobile application that:

(i) Connects the user to the Board's computerized voter registration list to immediately confirm that a petition signer is a registered qualified elector;

(ii) Maintains an up-to-date count of the number of electronic signatures collected; and

(iii) Allows signed petitions to be printed out for submission to the Board;

(B) No later than October 1, 2017, implement a pilot program that provides a limited number, as determined by the Board, of candidates, qualified petition circulators, and proposers with the option to use a mobile application, in addition to the paper circulation process, to gather electronic signatures on a mobile device registered with the Board for the June 2018 Primary Election;

(C) For the November 2018 General Election, and all subsequent elections, make a mobile application available to all candidates, qualified petition circulators, and proposers to install on a mobile device registered with the Board; and

(D) Issue rules to implement the use of a mobile application for all elections, including how to register a mobile device with the Board in order to utilize the mobile application; provided, that the rules shall require signed petitions from the mobile application to be printed out and submitted to the Board;

(20) Develop and post on the Board's website a voter registration packet for new tenants and homeowners, which shall constitute a vital document for the purposes of § 2-1933, including:

(A) A voter registration application;

(B) Information concerning:

(i) Online voter registration;

(ii) Updating a voter's address;

(iii) The voting rights in the District of individuals with criminal records; and

(iv) Voter registration information for high school and college students; and

(i) The date of the next scheduled election;

(ii) Vote Center locations;

(iii) The names and positions of current elected officials in the District; and

(iv) How to search for an individual's Ward Councilmember, Ward State Board of Education member, and Advisory Neighborhood Commissioner; and

(21) Not Funded.

(a-1)(1) The Board shall hold regular monthly meetings in accordance with a schedule to be established by the Board. Meetings may be rescheduled, and additional meetings may be called as needed by the Board. Except in the case of an emergency, the Board shall provide at least 48 hours' notice of any additional meeting.

(2) The Board shall make available for public inspection and post on its website a proposed agenda for each Board meeting as soon as practicable, but in any event at least 24 hours before a meeting. Copies of the agenda shall be available to the public at the meeting. The Board, according to its rules, may amend the agenda at the meeting.

(3) All meetings of the Board shall be open to the public, unless the members vote to enter into executive session. The Board shall not vote, make resolutions or rulings, or take any actions of any kind during executive session, except those that:

(A) Relate solely to the internal personnel rules or practices of the Board;

(B) Would result in the disclosure of matters specifically exempted from disclosure by statute; provided, that the statute:

(i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or

(ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(C) Would result in the disclosure of trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(D) Involve accusing any person of a crime or formally censuring any person;

(E) Would result in the disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(F) Would result in the disclosure of investigatory records compiled for law enforcement purposes or information which, if written, would be contained in the records, but only to the extent that the production of the records or information would:

(i) Interfere with enforcement proceedings;

(ii) Deprive a person of a right to a fair trial or an impartial adjudication;

(iii) Constitute an unwarranted invasion of personal privacy; or

(iv) Disclose investigative techniques and procedures; or

(G) Specifically concern the Board’s issuance of a subpoena, the Board’s participation in a civil action or proceeding, or disposition by the Board of a particular matter involving a determination on the record after opportunity for a hearing.

(4) The Board shall keep the minutes of each meeting of the Board and shall make the minutes of each meeting available to the public for inspection and distribution, and shall post the minutes on the Board’s website, as soon as practicable, but in all cases before the next regularly scheduled meeting.

(b)(1) The Board shall, on the 1st Tuesday in June of each presidential election year, conduct a presidential preference primary election within the District of Columbia in which the registered qualified voters therein may express their preference for candidates of each political party of the District of Columbia for nomination for President.

(2) No person shall be listed on the ballot as a candidate for nomination for President in such presidential preference primary election unless:

(A) No later than 90 days before the date of such presidential preference primary election, there shall have been filed with the Board a petition on behalf of the person signed by at least 1,000, or 1%, whichever is fewer, of the qualified electors of the District who are registered under § 1-1001.07, and are of the same political party as the nominee; or

(B) The person has complied with the rules of the political party to be listed on the ballot, and if the party rules provide for candidate qualification by means other than gathering petition signatures as described in subparagraph (A) of this paragraph, the political party shall certify to the Board no later than 24 hours after the date that is 90 days before the date of such presidential preference primary election the names of candidates for nomination who have qualified by such means.

(3)(A) Candidates for delegate and alternates where permitted by political party rules to a particular political party national convention convened to nominate that party’s candidate for President shall be listed on the ballot of the presidential preference primary held under this subchapter as:

(i) Full slates of candidates for delegates supporting a candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such slate’s candidacy signed by the candidates on the slate, and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who are registered under § 1-1001.07 and are of the same political party as the candidates on such slate;

(ii) Full slates of candidates for delegates not committed to support any named candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such slate’s candidacy, signed by the candidates on the slate and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who have registered under § 1-1001.07 and are of the same political party as the candidates on such slate;

(iii) An individual candidate for delegate supporting a candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who have registered under § 1-1001.07 and are of the same political party as the candidate; or

(iv) An individual not committed to support any named candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who have registered under § 1-1001.07 and are of the same political party as the candidate.

(B) No candidate for delegate or alternate may be listed on the ballot unless such candidate was properly selected according to the rules of the candidate's political party relating to the nomination of candidates for delegate or alternate.

(C) The governing body of each eligible party shall file with the Board, no later than 180 days prior to the presidential preference primary election:

(i) Notification of that party’s intent to conduct a presidential preference primary; and

(ii) A plan for the election detailing the procedures to be followed in the selection of individual delegates and alternates to the convention of that party, including procedures for the selection of committed and uncommitted delegates.

(4) The Board shall:

(A) Arrange the ballot for the presidential preference primary so as to enable each voter to indicate the voter's choice for presidential nominee and for the slate of delegates and alternates pledged to support that prospective nominee with 1 mark, and provide an alternative to vote for individual delegates or uncommitted slates of delegates; and

(B) Clearly indicate on the ballot the candidate for nomination for President which a slate or candidate for delegate supports, or name of the person who shall manage an uncommitted slate of delegates.

(5) The delegates and alternates, of each political party in the District of Columbia to the national convention of that party convened for the nomination of that party for President, elected in accordance with this subchapter, shall be obliged to vote only for the candidate whom the delegate or alternate has been selected to represent in accordance with properly promulgated rules of the political party, on the 1st ballot cast at the convention for nominees for President, or until such time as such candidate to whom the delegate is committed withdraws the candidate's candidacy, whichever 1st occurs.

(c) Each member of the Board and persons authorized by the Board may administer oaths to persons executing affidavits pursuant to § 1-1001.08. It may provide for the administering of such other oaths as it considers appropriate to require in the performance of its functions.

(d) The Board may permit either persons temporarily absent from the District or persons physically unable to appear personally at an official registration place to register for the purpose of voting in any election held under this subchapter.

(e)(1)(A) The Board shall select, employ, and fix the compensation for an Executive Director and such staff the Board deems necessary, subject to the pay limitations of § 1-611.16. The Executive Director shall serve at the pleasure of the Board.

(B) The Executive Director shall be a District resident throughout the Executive Director's term and failure to maintain District residency shall result in a forfeiture of the position.

(B-i) The requirements of subparagraph (B) of this paragraph shall not apply to Executive Director Alice Miller, beginning on her hire date of July 6, 2016.

(C)(i)(I) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the Board shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Board.

(II) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

(III) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.

(IV) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

(V) Each applicant for a position covered by this sub-subparagraph shall be informed in writing of the provisions of this sub-subparagraph at the time of application.

(ii) The Board shall verify and enforce District residency requirements pursuant to § 1-515.04.

(iii) By November 1 of each year and pursuant to § 1-515.06, the Board shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

(2) No provision of this subchapter shall be construed as permitting the Board to appoint any personnel who are not full-time paid employees of the Board to preliminarily determine alleged violations of the law affecting elections.

(3) The Board may appoint a General Counsel to serve at the pleasure of the Board. The General Counsel shall be entitled to receive compensation at the same rate as the Executive Director of the Board and shall be responsible solely to the Board. The General Counsel shall perform such duties as may be delegated or assigned to the General Counsel by rule or order of the Board.

(4)(A) Except as provided in subparagraph (C) of this paragraph, the Board shall select, appoint, and fix the compensation of temporary election workers to operate Vote Centers, including site coordinators, who shall oversee the operations of Vote Centers in accordance with rules prescribed by the Board, and election workers, who shall assist the site coordinators. Site coordinators shall be qualified registered electors in the District. Election workers shall be individuals who are at least 16 years of age by the day that they are working in this capacity, who reside in the District of Columbia, and who are enrolled in or have graduated from a public or private secondary school or an institution of higher education. An election worker shall be required to:

(i) Complete at least 4 hours of training;

(ii) Receive certification as an election worker under standards that the Board shall promulgate; and

(iii) Take and sign an oath of office or affirmation to perform the duties of office honestly, faithfully, and promptly.

(B) The Board shall establish standards to measure the performance of election workers, including the past performance of an election worker, and consider the election worker's past performance before appointing the election worker to work as an election worker in a subsequent election. Past service as an election worker shall not entitle a person to appointment as an election worker in a subsequent election.

(C) Election workers, including site coordinators, who are District government employees are not required to be District residents or qualified electors.

(f)(1) The Board shall prescribe such regulations as may be necessary to ensure that all persons responsible for the proper administration of this subchapter maintain a position of strict impartiality and refrain from any activity which would imply support or opposition to:

(A) A candidate or group of candidates for office in the District of Columbia; or

(B) Any political party or political committee.

(2) As used in this subsection, the terms “office,” “political party,” and “political committee” shall have the same meaning as that prescribed in § 1-1161.01.

(g) Notwithstanding provisions of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.), the Board may hear any case brought before it under this subchapter by 1 member panels. An appeal from a decision of any such 1 member panel may be taken to either the full Board or to the District of Columbia Court of Appeals, at the option of any adversely affected party. If appeal is taken directly to the District of Columbia Court of Appeals, the decision of a 1 member panel shall be, for purposes of such appeal, considered to be a final decision of the Board. If an appeal is taken from a decision of a 1 member panel to the full Board, the decision of the 1 member panel shall be stayed pending a final decision of the Board. The Board may, upon a vote of the majority of its members, hear de novo all issues of fact or law relating to an appeal of a decision of a 1 member panel, except the Board may decide to consider only the record made before such 1 member panel. A final decision of the full Board, relating to an appeal brought to it from a 1 member panel, shall be appealable to the District of Columbia Court of Appeals in the same manner and to the same extent as all other final decisions of the Board.

(h)(1) The Board, pursuant to regulations of general applicability, shall have the power to:

(A) Require by subpoena the attendance and testimony of witnesses and the production of documents relating to the execution of the Board’s duties; and

(B) Order that testimony in any proceeding or investigation be taken by deposition before any person who is designated by the Board, and has the power to administer oaths and, in these instances, to compel the attendance and testimony of witnesses and the production of documents by subpoena.

(2) The Board may petition the Superior Court of the District of Columbia to enforce the subpoena or order, in the case of a refusal to obey a subpoena or order of the Board issued pursuant to this subsection. Any person failing to obey the Court’s order may be held in contempt of court.

(i) The Board shall cause the following information to be posted at each Vote Center on the day of each election for federal office:

(1) A sample version of the ballot that will be used for the election;

(2) The election and the hours during which Vote Centers will be open;

(3) Instructions on the proper manner of completing a ballot, including a special ballot;

(4) Instructions for mail-in registrants and first-time voters under section 303(b) of the Help America Vote Act of 2002 [42 U.S.C. § 15483(b)];

(5) General information on voting rights under applicable federal and District laws, including the right to cast a special ballot and instructions to contact the appropriate officials if these rights are alleged to have been violated;

(6) General information on federal and District law regarding prohibitions on acts of voter fraud and misrepresentation; and

(7) The documentation required for a qualified elector to verify residency and register to vote at the Vote Center.

(j) Not later than 90 days after the date of each regularly scheduled general election for federal office, the Board shall submit to the Mayor a report, in the format established by the United States Election Assistance Commission, on the number of mail-in ballots sent to absent uniformed services voters and overseas voters for the election and the number of ballots which were returned by those voters to the Board. The report shall be transmitted by the Mayor to the United States Election Assistance Commission, and shall be made available to the general public.

(k) Within 90 days following a general election, the Board shall publish on its website an after-action report. The report shall include the following information:

(1) The total number of votes cast, broken down by type of ballot, and including the number of spoiled ballots and special ballots that were not counted;

(2) The number of persons registered:

(A) More than 21 days preceding the election;

(B) Between 21 days preceding the election and the date of the election; and

(3) The number of election workers, by Vote Center;

(4) Copies of any unofficial summary reports generated by the Board on election night;

(5) A synopsis of any issues identified in site coordinator or area representative logs;

(6) Performance measurement data of election workers;

(7) A description of any irregularities experienced during early voting and on election day;

(7A) Recommendations 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

(8) Any other information considered relevant by the Board.

(l) For the purposes of implementing the duties under subsection (a)(19) of this section, the Board may loan a mobile device to a candidate, qualified petition circulator, or proposer to utilize the mobile application. The Board may charge a reasonable refundable deposit for the use of the mobile device.

(m) By July 1, 2021, and biennially thereafter, the Board and the Corrections Information Council, established by § 24-101.01, shall jointly submit a report to the Mayor and Council on the Restore the Vote Amendment Act of 2020 ("Act"), including:

(1) The number of incarcerated qualified electors registered since the Act's effective date [April 27, 2021], or, beginning in the July 1, 2023 report, since the date of the previous report;

(2) The number of incarcerated registered qualified electors who voted, for each election held since the Act's effective date [April 27, 2021][,] or, beginning in the July 1, 2023 report, since the date of the previous report;

(3) An analysis of the Act's implementation and any identifiable challenges; and

(4) Any policy or legislative recommendations to ensure that all incarcerated qualified electors have a meaningful opportunity to register and vote.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 5; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1(3), (4), (5), (6); Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(3); Dec. 23, 1971, 85 Stat. 789, Pub. L. 92-220, § 1(5)-(7), (28), (29); Aug. 14, 1973, 87 Stat. 311, Pub. L. 93-92, § 1(2)-(7); Jan. 3, 1975, 88 Stat. 2177, Pub. L. 93-635, § 13; Dec. 16, 1975, D.C. Law 1-37, § 2(1), (2), 22 DCR 3426; Dec. 16, 1975, D.C. Law 1-38, § 4, 22 DCR 3433; Feb. 17, 1976, D.C. Law 1-45, § 2, 22 DCR 4678; Sept. 2, 1976, D.C. Law 1-79, title I, § 102(5), (6), title V, §§ 502, 503, 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title I, § 103(b), title III, § 301(c)-(f), title IV, § 402, 24 DCR 2372; June 28, 1977, D.C. Law 2-12, § 6(j), 24 DCR 1442; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 3, 1979, D.C. Law 2-139, § 3205(v), 25 DCR 5740; Oct. 8, 1981, D.C. Law 4-35, § 3, 28 DCR 3376; Mar. 16, 1982, D.C. Law 4-88, § 2(d), (p), (q), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(a), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(b), 30 DCR 3196; Oct. 9, 1987, D.C. Law 7-36, § 3, 34 DCR 5321; Mar. 16, 1988, D.C. Law 7-92, § 3(a)-(c), 35 DCR 716; Mar. 11, 1992, D.C. Law 9-75, § 2(a), 39 DCR 310; Oct. 20, 1999, D.C. Law 13-40, § 2, 46 DCR 6550; June 21, 2003, D.C. Law 15-18, § 2(a), 50 DCR 3389; Sept. 30, 2004, D.C. Law 15-188, § 2, 51 DCR 6732; Dec. 7, 2004, D.C. Law 15-218, § 2(b), 51 DCR 9132; Apr. 7, 2006, D.C. Law 16-91, § 127(a), 52 DCR 10637; Apr. 24, 2007, D.C. Law 16-305, § 6(a), 53 DCR 6198; Oct. 18, 2007, D.C. Law 17-26, § 2(b), 54 DCR 8018; Feb. 6, 2008, D.C. Law 17-108, § 205, 54 DCR 10993; Feb. 4, 2010, D.C. Law 18-103, § 2(c), 56 DCR 9169; Mar. 31, 2011, D.C. Law 18-330, § 2(a), 58 DCR 20; June 16, 2011, D.C. Law 19-7, § 2(a), 58 DCR 3882; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(4), 59 DCR 1862; June 5, 2012, D.C. Law 19-137, §§ 121(a), 201(a), 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 2(a), 62 DCR 1938; Oct. 8, 2016, D.C. Law 21-160, § 1072(b), 63 DCR 10775; Aug. 19, 2017, D.C. Law 22-13, § 2(b), 64 DCR 6245; Feb. 22, 2019, D.C. Law 22-205, § 2(a), 65 DCR 12361; Mar. 13, 2019, D.C. Law 22-250, § 5(c), 66 DCR 985; May 23, 2019, D.C. Law 22-315, § 5, 66 DCR 1983; Dec. 24, 2019, D.C. Law 23-36, § 2(a), 66 DCR 14304; June 24, 2020, D.C. Law 23-112, § 2, 67 DCR 5066; Mar. 16, 2021, D.C. Law 23-192, § 2(d), 68 DCR 001073; Apr. 27, 2021, D.C. Law 23-277, § 2(b), 67 DCR 13867; Apr. 6, 2023, D.C. Law 24-342, § 3(c), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1306.

1973 Ed., § 1-1105.

Section References

This section is referenced in § 1-1001.07, § 1-1001.10, § 1-1001.15, and § 1-1001.17.

Cross References

Advisory Neighborhood Commissions, elections, see § 1-309.05 et seq.

District of Columbia administration, volunteers, see § 1-319.01.

Applicability

Applicability of D.C. Law 24-342: § 10 of D.C. Law 24-342 provided that the amendment to paragraph (10A) and the creation of paragraphs (10E) and (21) of this section by § 3(c) of D.C. Law 24-342 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7196 of D.C. Law 24-45 repealed section 4 of D.C. Law 23-192 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-192 has been implemented.

Section 7196 of D.C. Act 24-159 repealed section 4 of D.C. Law 23-192 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-192 has been implemented.

Applicability of D.C. Law 23-192: § 4 of D.C. Law 23-192 provided that the change made to this section by § 2(d)(1) of D.C. Law 23-192 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 5(c) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4 of Advisory Neighborhood Commission Redistricting Deadline Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-451, June 28, 2022, 69 DCR 007760).

For temporary (90 days) amendment of this section, see § 4 of Advisory Neighborhood Commission Redistricting Deadline Extension Emergency Amendment Act of 2022 (D.C. Act 24-347, Mar. 28, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 201(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-76, May 3, 2021, 68 DCR 004935).

For temporary (90 days) amendment of this section, see § 2(b)(2) of Election Worker Residency Requirement Waiver Temporary Amendment Act of 2020 (D.C. Law 23-170, Dec. 23, 2020, 67 DCR 13214).

For temporary (90 days) amendment of this section, see § 201(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).

For temporary (90 days) , see § 2(a) of General Election Preparations Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-422, Oct. 26, 2020, 67 DCR 12827).

For temporary (90 days) amendment of this section, see § 2(b)(2) of Election Worker Residency Requirement Waiver Emergency Amendment Act of 2020 (D.C. Act 23-410, Oct. 5, 2020, 67 DCR 11511).

For temporary (90 days) amendment of this section, see § 804(b)(2) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 2(b) of General Election Preparations Emergency Amendment Act of 2020 (D.C. Act 23-382, Aug. 13, 2020, 67 DCR 9865).

For temporary (90 days) amendment of this section, see § 201(b) of Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020 (D.C. Act 23-336, July 22, 2020, 67 DCR 9148).

For temporary (90 days) amendment of this section, see § 804(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 804(b) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 2 of Primary Election Filing Requirement Emergency Amendment Act of 2019 (D.C. Act 23-198, Jan. 16, 2020, 67 DCR 583).

For temporary (90 days) amendment of this section, see § 2(a) of Primary Date Alteration Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-81, July 16, 2019, 66 DCR 8268).

For temporary (90 days) amendment of this section, see § 2(a) of Primary Date Alteration Emergency Amendment Act of 2019 (D.C. Act 23-56, May 29, 2019, 66 DCR 6786).

For temporary (90 days) amendment of this section, see § 2 of Board of Elections Domicile Requirement Emergency Amendment Act of 2019 (D.C. Act 23-16, Feb. 28, 2019, 66 DCR 2688).

For temporary (90 days) amendment of this section, see § 2 of Board of Elections Domicile Requirement Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-410, July 16, 2018, 65 DCR 7535).

For temporary (90 days) amendment of this section, see § 2 of Board of Elections Domicile Requirement Emergency Amendment Act of 2018 (D.C. Act 22-288, Mar. 26, 2018, 65 DCR 3326).

For temporary (90 days) requirement that the District of Columbia Board of Elections not comply with any request of the Presidential Advisory Commission on Election Integrity, see § 2 of Voter Rolls Protection Congressional Review Emergency Act of 2017 (D.C. Act 22-159, Oct. 23, 2017, 64 DCR 10770).

For temporary (90 days) requirement that the District of Columbia Board of Elections not comply with any request of the Presidential Advisory Commission on Election Integrity, see § 2 of Voter Rolls Protection Emergency Act of 2017 (D.C. Act 22-108, July 25, 2017, 64 DCR 7392).

For temporary (90 days) amendment of this section, see § 2(b) of Primary Date Alteration Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-106, July 25, 2017, 64 DCR 7388).

For temporary (90 days) amendment of this section, see § 2(b) of Primary Date Alteration Emergency Amendment Act of 2017 (D.C. Act 22-75, June 5, 2017, 64 DCR 6080).

For temporary amendment of section, see § 2 of the District of Columbia Board of Elections and Ethics Subpoena Authority Emergency Amendment Act of 1998 (D.C. Act 12-409, July 22, 1998, 45 DCR 5178), see § 2 of the Board of Elections and Ethics Subpoena Authority Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-462, October 28, 1998, 45 DCR 7816), and see § 2 of the Board of Elections and Ethics Subpoena Authority Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-2, February 8, 1999, 46 DCR 2286).

For temporary (90 day) amendment of section, see § 2 of Youth Pollworker Emergency Amendment Act of 2002 (D.C. Act 14-305, March 25, 2002, 49 DCR 3404).

For temporary (90 day) amendment of section, see § 2 of Youth Pollworker Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-419, July 17, 2002, 49 DCR 7410).

For temporary (90 day) amendment of section, see § 2(a) of Presidential Primary Election Emergency Amendment Act of 2003 (D.C. Act 15-43, March 24, 2003, 50 DCR 2805).

For temporary (90 day) amendment of section, see § 2(a) of Presidential Primary Petition Waiver and Democratic State Committee Elections Emergency Act of 2003 (D.C. Act 15-135, July 29, 2003, 50 DCR 6857).

For temporary (90 day) amendment of section, see § 2 of Presidential Primary Petition and Filing Waiver Emergency Act of 2003 (D.C. Act 15-207, October 24, 2003, 50 DCR 9853).

For temporary (90 day) amendment of section, see § 2(b) of Help American Vote Emergency Amendment Act of 2003 (D.C. Act 15-283, December 18, 2003, 51 DCR 197).

For temporary (90 day) amendment of section, see § 2(b) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-405, March 18, 2004, 51 DCR 3650).

For temporary (90 day) amendment of section, see § 2 of Youth Poll Worker Emergency Act of 2004 (D.C. Act 15-494, August 2, 2004, 51 DCR 8791).

For temporary (90 day) amendment of section, see § 2(b) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-658, December 29, 2004, 52 DCR 492).

For temporary (90 day) amendment of section, see § 2 of Presidential Primary Ballot Access Emergency Amendment Act of 2007 (D.C. Act 17-231, December 27, 2007, 55 DCR 231).

For temporary (90 day) amendment of section, see § 2(c) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) addition of section, see § 2 of Precinct Boundary Changes Emergency Approval Act of 2011 (D.C. Act 19-219, November 7, 2011, 58 DCR 9472).

For temporary (90 day) addition of sections, see §§ 101 to 120 of Comprehensive Military and Overseas Voters Accommodation Emergency Act of 2011 (D.C. Act 19-230, November 16, 2011, 58 DCR 9942).

For temporary (90 day) amendment of section, see §§ 121(a), 201(a)(1) of Comprehensive Military and Overseas Voters Accommodation Emergency Act of 2011 (D.C. Act 19-230, November 16, 2011, 58 DCR 9942).

For temporary (90 day) amendment of section, see § 2 of Presidential Primary Ballot Access Emergency Amendment Act of 2011 (D.C. Act 19-260, December 21, 2011, 58 DCR 11230).

For temporary (90 day) amendment of section, see § 401(g)(4) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) addition of sections, see §§ 101 to 120 of Comprehensive Military and Overseas Voters Accommodation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-310, February 22, 2012, 59 DCR 1688).

For temporary (90 day) amendment of section, see §§ 121(a), 201(a)(1) of Comprehensive Military and Overseas Voters Accommodation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-310, February 22, 2012, 59 DCR 1688).

For temporary (90 days) amendment of this section, see § 2 of the Presidential Primary Ballot Access Emergency Amendment Act of 2016 (D.C. Act 21-290, Jan. 27, 2016, 63 DCR 1205).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 4 of Advisory Neighborhood Commission Redistricting Deadline Extension Temporary Amendment Act of 2022 (D.C. Law 24-130, June 30, 2022, 69 DCR 004404).

For temporary (225 days) amendment of this section, see § 2(b) of General Election Preparations Temporary Amendment Act of 2020 (D.C. Law 23-167, Dec. 23, 2020, 67 DCR 13022).

For temporary (225 days) amendment of this section, see § 201(b) of Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020 (D.C. Law 23-151, Dec. 3, 2020, 67 DCR 9920).

For temporary (225 days) amendment of this section, see § 804(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) amendment of this section, see § 2 of Primary Election Filing Requirement Temporary Amendment Act of 2020 (D.C. Law 23-69, Mar. 19, 2020, 67 DCR 751).

For temporary (225 days) amendment of this section, see § 2(a) of Primary Date Alteration Temporary Amendment Act of 2019 (D.C. Law 23-8, Aug. 6, 2019, 66 DCR 7343).

For temporary (225 days) amendment of this section, see § 2 of Board of Elections Domicile Requirement Temporary Amendment Act of 2018 (D.C. Law 22-115, July 3, 2018, 65 DCR 5030).

For temporary (225 days) requirement that the District of Columbia Board of Elections not comply with any request of the Presidential Advisory Commission on Election Integrity, established May 11, 2017 (Exec. Order No. 13799; 82 Fed. Reg. 22389), see § 2 of Voter Rolls Protection Temporary Act of 2017 (D.C. Law 22-30, Dec. 1, 2017, 64 DCR 10170).

For temporary (225 day) amendment of section, see § 2 of Board of Elections and Ethics Subpoena Authority Temporary Amendment Act of 1998 (D.C. Law 12-179, March 26, 1999, law notification 46 DCR 3405).

For temporary (225 day) amendment of section, see § 2 of Youth Pollworker Temporary Amendment Act of 2002 (D.C. Law 14-169, June 28, 2002, law notification 49 DCR 7278).

For temporary (225 day) amendment of section, see § 2(a) of Presidential Primary Petition Waiver and Democratic State Committee Elections Temporary Act of 2003 (D.C. Law 15-55, December 9, 2003, law notification 51 DCR 1790).

For temporary (225 day) amendment of section, see § 2 of Presidential Primary Petition and Filing Waiver Temporary Act of 2003 (D.C. Law 15-80, March 10, 2004, law notification 51 DCR 3372).

For temporary (225 day) amendment of section, see § 2(b) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).

For temporary (225 day) amendment of section, see § 2 of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 17-127, March 30, 2004, law notification 51 DCR 3807).

For temporary (225 day) amendment of section, see § 2 of the Presidential Primary Ballot Access Temporary Amendment Act of 2008 (D.C. Law 17-127, March 20, 2008, law notification 55 DCR 4279).

For temporary (225 day) amendment of section, see § 121 of the Uniform Military and Overseas Voters Temporary Act of 2011 (D.C. Law 19-88, December 6, 2011).

For temporary (225 day) addition of sections, see §§ 101 - 120 of the Uniform Military and Overseas Voters Temporary Act of 2011 (D.C. Law 19-88, December 6, 2011).

For temporary (225 day) amendment of section, see § 2 of the (D.C. Law 19-95, ).

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

For temporary (225 days) amendment of section, see § 2 of the Presidential Primary Ballot Access Temporary Amendment Act of 2016 D.C. Law 21-100, April 6, 2016, 63 DCR 2218, 20 DCSTAT 3140).

References in Text

Section 303(b) of the Help America Vote Act of 2002, referred to in par. (4) of subsec. (i) is codified as 42 U.S.C. A. § 15483(b).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Adjustments to voting precinct boundaries approved: Pursuant to Resolution 9-120 by the Council of the District of Columbia, The “Precinct Boundary Changes Approval Resolution of 1991,” the Council of the District of Columbia disapproved in part, and approved in part, the adjustments to voting precinct boundaries as adopted by the Board of Elections and Ethics on September 6, 1991, to be effective January 1, 1992: the Council disapproved the proposed change in the boundary between precinct 127 (Ward 2) and precinct 131 (Ward 6); the Council approved all of the remaining proposed changes affecting precincts 1, 5, 6, 7, 8, 11, 12, 13, 14, 83, 114, 119, 128, 130, 131, 132, 133, and 134, and a map was included of such changes.

Precinct boundaries approved: Pursuant to § 1-1001.05(a)(8), § 2 of D.C. Law 7-36 approved boundary divisions for Precincts 50, 71, and 112 and the boundary line between Precincts 11 and 12.

Voting accessibility for the elderly and handicapped: Public Law 98-435 enacted the Voting Accessibility for the Elderly and Handicapped Act.

Applicability of D.C. Law 20-273: Section 5 of D.C. Law 20-273 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-211), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-213(a)), appropriate changes in terminology were made in this section.

Resolutions

Resolution 14-541, the “Precinct Boundary Changes Emergency Approval Resolution of 2002”, was approved effective July 26, 2002.

Resolution 14-587, the “Ward 6 Precinct Establishment Emergency Approval Resolution of 2002”, was approved effective October 18, 2002.

§ 1–1001.05a. Advisory opinions.

(a)(1) On its own initiative, or upon receiving a request from a person listed below and within a reasonable time after its receipt, the Board shall provide an advisory opinion regarding compliance with this subchapter:

(A) An elected official or a candidate to be an elected official;

(B) Any person required to or who reasonably anticipates being required to submit filings to the Board under this subchapter in connection with any election; or

(2)(A) The Board shall publish a concise statement of each request for an advisory opinion, without identifying the person seeking the opinion, in the District of Columbia Register within 20 days after its receipt by the Board. Comments upon the requested opinion shall be received by the Board for a period of at least 15 days following publication of the concise statement.

(B) The Board may waive the requirements of subparagraph (A) of this paragraph, following a finding that the issuance of the advisory opinion constitutes an emergency necessary for the immediate preservation of the public peace, health, safety, welfare, or trust.

(b) Advisory opinions shall be published in the District of Columbia Register within 30 days after their issuance; provided, that the identity of a person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without the person's prior consent in writing. When issued according to rules of the Board, an advisory opinion shall be deemed to be an order of the Board.

(c) There shall be a rebuttable presumption that a transaction or activity undertaken by a person in reliance on an advisory opinion from the Board is lawful if:

(1) The person requested the advisory opinion;

(2) The facts on which the opinion is based are full and accurate, to the best knowledge of the person; and

(3) The person, in good faith, substantially complies with any recommendations in the advisory opinion.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 5a; as added Mar. 13, 2019, D.C. Law 22-250, § 5(d), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 2(e), 68 DCR 001073.)

Applicability

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the creation of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the creation of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the creation of this section by § 5(d) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 1–1001.06. Board independent agency; facilities; seal.

(a) In the performance of its duties, or in matters of procurement the Board shall not be subject to the direction of any nonjudicial officer of the District, except as provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (§ 1-601.01 et seq.).

(b) The District government shall furnish to the Board, upon request of the Board, such space and facilities as are available in public buildings in the District to be used as registration places or Vote Centers, and such records, information, services, personnel, offices, and equipment, and such other assistance and facilities as may be necessary to enable the Board properly to perform its functions. Privately owned space, facilities and equipment may be rented by the Office of Contracting and Procurement on behalf of the Board for the registration, polling, and other functions of the Board.

(c) Subject to the approval of the Mayor of the District of Columbia, the Board is authorized to adopt and use a seal. The seal adopted by the Board shall not be used by any individual or entity without the prior written authorization of the Board.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 6; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1(7); Mar. 3, 1979, D.C. Law 2-139, § 3205(ggg), 25 DCR 5740; Apr. 12, 1997, D.C. Law 11-259, § 308, 44 DCR 1423; Apr. 6, 2023, D.C. Law 24-342, § 3(d), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1310.

1973 Ed., § 1-1106.

Emergency Legislation

For temporary (90 day) addition, see § 2(d) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

Change in Government

§ 1–1001.06a. Establishment of the Election Reform Fund.

(a) There is established as a nonlapsing fund the Election Reform Fund (“Fund”), which shall be administered by the Board and shall be used for the purpose of implementing the Omnibus Election Reform Amendment Act of 2009 [D.C. Law 18-103]. On or about October 1, 2009, the Chief Financial Officer shall deposit $300,000 into the Fund.

(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 6a; as added Mar. 3, 2010, D.C. Law 18-111, § 1051, 57 DCR 181; Feb. 4, 2010, D.C. Law 18-103, § 2(d), 56 DCR 9169.)

Effect of Amendments

D.C. Law 18-103, in subsec. (a), substituted “and shall be used for the purpose of implementing the Omnibus Election Reform Amendment Act of 2009 D.C. Law 18-255” for “and shall be used solely to implement election reform initiatives to be enacted by the Council”; and repealed subsec. (c), which had read as follows: “(c) Notwithstanding subsection (a) of this section, no funds in the Fund shall be expended until the Council approves, by resolution, a September 2010 primary election preparation plan submitted to the Council by March 31, 2010.”

Emergency Legislation

For temporary (90 day) addition, see § 1051 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 1051 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 1050 of D.C. Law 18-111 provided that subtitle F of title I of the act may be cited as the “Election Reform Fund Establishment Amendment Act of 2009”.

§ 1–1001.07. Voter.

(a) No person shall be registered to vote in the District of Columbia unless the person:

(1) Meets the qualifications as a qualified elector as defined in § 1-1001.02(2);

(2)(A) Executes an application to register to vote by signature or mark (unless prevented by disability) on a form approved pursuant to subsection (b) of this section or by the Election Assistance Commission attesting that the person meets the requirements of a qualified elector, and if the person desires to vote in party elections, indicating the person's political party affiliation;

(B) Automatically registers pursuant to subsection (c) of this section; or

(C) Has been placed on the preapproved for registration list pursuant to § 1-1001.07b and subsequently activates the person's registration; and

(3) The Board approves the person's registration application as provided in subsections (e) and (g) of this section.

(a-1)(1) No application for voter registration may be accepted or processed by the Board unless the application includes:

(A) The DMV-issued identification number of the applicant; or

(B) The last 4 digits of the social security number of an applicant who has not been issued a current and valid DMV-issued identification.

(2) If an applicant has not been issued a current and valid DMV-issued identification or a social security number, the Board shall assign the applicant the unique identifier assigned pursuant to § 1-1001.05(a)(1).

(a-2) A person who is otherwise qualified may pre-register on or after that person’s 16th birthday and may vote in any election occurring on or after that person’s 17th birthday; provided, that the person is at least 18 years of age on or before the next general election.

(b) In administering the provisions of subsection (a)(2) of this section:

(1) The Board shall prepare and use a registration application form that meets the requirements of the National Voter Registration Act of 1993 [42 U.S.C. § 1973gg et seq.] and of the Help America Vote Act of 2002, and in which each request for information is readily understandable and can be satisfied by a concise answer or mark.

(2) Mail-in voter registration application forms approved by the Board shall meet the requirements of the National Voter Registration Act of 1993, approved May 20, 1993 (107 Stat. 77; 42 U.S.C. § 1973gg et seq.) and the Help America Vote Act of 2002, shall be designed to provide an easily understood method of registering to vote by mail, and shall be mailable to the Board with postage prepaid. These forms shall have printed on them, in bold face type, the penalties for fraudulently attempting to register to vote pursuant to § 1-1001.14(a) and the National Voter Registration Act of 1993 [42 U.S.C. § 1973gg et seq.]. If an applicant fails to properly complete the registration form, the Board’s registrar shall notify the applicant and provide the applicant with an opportunity to complete the form in a timely manner prior to the next election.

(2A) The Board shall implement a digital voter service system that includes a voter registration application form that may be executed by either:

(A) An electronic signature provided by the applicant directly to the Board; or

(B) An electronic signature provided to the Board by the DMV in accordance with paragraph (5) of this subsection.

(3) The Board shall accept any application form that has been preapproved by the Board for the purpose of voter registration and meets the requirements of this subsection or has been approved for use by federal legislation or regulation.

(4) The Board shall provide a field on voter registration forms to allow an applicant to indicate the applicant's interest in working as a polling place worker during the next election.

(5) For each individual who submits a voter registration application using the Board's digital voter service system required by paragraph (2A) of this subsection, 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, that the applicant provides the applicant's DMV-issued identification number and affirmatively consents to the use of that signature as the signature for the application submitted.

(c)(1)(A) The following shall be automatic voter registration agencies, although the Board may designate additional automatic voter registration agencies by rulemaking:

(i) DMV; and

(ii) DOC.

(B) Unless the applicant indicates that the applicant does not want to register to vote or indicates the applicant is not a U.S. citizen:

(i) Each DMV application for a DMV-issued driver's license (including any renewal application) or nondriver's identification card by a person who is not already registered to vote or preregistered to vote in the District shall automatically serve as an application to register to vote. However, any person who, at the time of the transaction with the DMV provides a document that demonstrates non-citizenship shall not be offered the opportunity to register to vote; and

(ii) DOC shall automatically register each qualified elector in its care or custody in the Central Detention Facility or Correctional Treatment Facility to vote.

(i) If the automatic voter registration agency is the DMV, the necessary information for the issuance, renewal, or correction of the applicant's driver's license or nondriver's identification card; and

(ii) The applicant's:

(I) Mailing address, if mail is not received at the residence address;

(II) Citizenship;

(III) Choice of party affiliation (if any);

(IV) Last address of voter registration (if known);

(V) Whether the applicant would like information on serving as an election worker in the next election;

(VI) Under penalty of perjury, an attestation that sets forth the requirements for voter registration and states that the applicant meets each of those requirements; and

(VII) Ability to decline to register to vote.

(D) For each applicant who did not decline to register to vote under subparagraph (B) of this paragraph, the automatic voter registration agency shall provide to the Board electronic records containing the applicant's:

(i) Legal name;

(ii) Date of birth;

(iii) Residence;

(iv) Mailing address;

(v) Previous voter registration address;

(vi) DMV-issued identification number or social security number;

(vii) Party affiliation (if any);

(viii) Response as to whether the applicant would like information on serving as a poll worker in the next election;

(ix) Citizenship information; and

(x) Electronic signature.

(E) An application for voter registration submitted pursuant to this subsection shall be considered as an update to any previous voter registration.

(F)(i) If a registered or preregistered voter submits a change of name or address notice to the DMV, or supplies a name or address as part of a driver's license or nondriver's identification card application, renewal, or correction that differs from the voter's name or address in the voter roll, the DMV shall automatically and electronically transmit the information necessary to update the voter roll to the Board.

(ii) Subject to compliance with applicable federal laws and regulations, if a registered or preregistered voter supplies a name or address as part of an application for a District medical assistance program (including any recertification), such as Medicaid, that differs from the voter's name or address in the voter roll, the Department of Health Care Finance shall automatically and electronically transmit the information necessary to update the voter roll to the Board.

(iii)(I) If a registered or preregistered voter supplies a name or address as part of an agency transaction to another government agency, which the Board designates by rulemaking, and such name or address differs from the name or address in the voter roll, the agency shall automatically and electronically transmit the information necessary to update the voter roll to the Board.

(II) The Board may designate a government agency pursuant to this sub-subparagraph without designating such agency as an automatic voter registration agency pursuant to paragraph (1)(A) of this subsection.

(III) A government agency designated pursuant to this sub-subparagraph may include an agency of the federal government, subject to the agreement of such agency.

(iv) Upon receipt of the information described in sub-subparagraph (i), (ii), or (iii) of this subparagraph, the Board shall change the voter roll or preapproved for registration list to reflect the change of name or address and send to the voter's address of record, by forwardable mail, notice of the change and a return form and postage-paid, preaddressed envelope by which the voter may verify or correct the information.

(v) If the voter returns the form described in sub-subparagraph (iv) of this subparagraph and indicates that the change to the voter roll was in error, the Board shall immediately correct the voter's previously updated information in the voter roll.

(G) The instructions on the application shall also include a statement that:

(i) If an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and

(ii) If an applicant does register to vote, the automatic voter registration agency at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.

(H) The deadline for transmission of the voter registration information to the Board shall be not later than 10 days after the date of acceptance of the application by the automatic voter registration agency; except, that if an application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the Board not later than 5 days after the date of its acceptance.

(I)(i) An application shall be considered received by the Board pursuant to subsection (e) of this section on the date it was accepted by the automatic voter registration agency.

(ii) The Board shall consider an application that the automatic voter registration agency accepted for the purposes of voter registration on or before the voter registration deadline as timely received.

(J) The DMV and the Board shall prescribe a method by which the DMV, upon obtaining a person's full name, date of birth, DMV-issued identification number, last 4 digits of the person's social security number (if available), residence address, and mailing address if different from residence address, may use the information from the voter roll to determine whether the person is already registered to vote or preregistered to vote in the District, and, if so, whether the person is registered or preregistered at the address the person provided to the DMV.

(K) The Board and each automatic voter registration agency shall match information in their respective databases to enable each agency to verify the accuracy of the information on applications for voter registration.

(L) Except as provided in this subsection, any citizenship information provided by an applicant for voter registration purposes shall not be otherwise retained, used, or shared by the automatic voter registration agency.

(M) Automatic voter registration agencies shall not register individuals who are not U.S. citizens.

(2) Repealed.

(3)(A) If a person who is not a qualified elector becomes registered to vote under this subsection, that person's voter registration:

(i) Shall be presumed to have been effected with official authorization and not through the fault of that person;

(ii) Shall not constitute a violation of § 1-1001.14; and

(iii) Shall not serve as a basis for holding that person civilly or criminally liable for the voter registration;

(B) If a person who is not a qualified elector becomes registered to vote under this subsection and votes or attempts to vote in an election held after the effective date of that person's voter registration, that person shall not be in violation of § 1-1001.14 or held civilly or criminally liable for voting, unless that person votes or attempts to vote knowing that the person is not a qualified elector.

(d)(1)(A) Any agency of the District of Columbia government that provides public assistance or that operates or funds programs primarily engaged in providing services to persons with disabilities shall be designated as a voter registration agency.

(B) In addition to the agencies named in subparagraph (A) of this paragraph, the Department of Parks and Recreation, the Department of Corrections, the Department of Youth Rehabilitative Services, the Department of Aging and Community Living, the District of Columbia Public Library, and the District of Columbia Public Schools shall be designated as voter registration agencies; provided, that access to voter registration services at District of Columbia Public Schools shall be restricted to District of Columbia Public Schools students and employees.

(C) The Mayor may designate any other executive branch agency of the District of Columbia government as a voter registration agency by filing written notice of the designation with the Board.

(D) The District shall cooperate with the Secretary of Defense to develop and implement procedures for persons to apply to register to vote at Armed Forces recruitment offices.

(2) The agencies named in paragraphs (1)(A), (B), and (C) of this subsection shall:

(A) Distribute with each application for service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance, a voter registration application, unless the applicant, in writing, declines to register to vote;

(B) Provide assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance;

(C) Provide the services described in this paragraph at the person’s home, if a voter registration agency provides services to a person with a disability at the person’s home;

(D) Accept completed forms and forward these forms to the Board as prescribed in this section; and

(E) Regularly promote election-related information on the voter registration agencies' social media platforms, including by providing information about how to register to vote and vote.

(3) Each voter registration agency shall, on its own application, document, or on a separate form, provide to each applicant for service or assistance, recertification or renewal, or change of address the following information:

(A) The question, “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”;

(B) Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (C) of this paragraph, together with the statement (in close proximity to the boxes and in prominent type), “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”;

(C) The statement, “If you would like help completing the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may complete the application form in private.”;

(D) The statement, “If you believe that someone has interfered with your right to register or decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the chief administrative officer of the Board of Elections and Ethics [Board of Elections].”; the name, title, address, and telephone number of the chief administrative officer shall be included on the form; and

(E) If the voter registration agency provides public assistance, the statement, “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”.

(4) No person who provides a voter registration service at a District of Columbia government agency shall:

(A) Seek to influence an applicant’s political preference or party registration;

(B) Display any political preference or party allegiance;

(C) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(D) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(5) Each agency that has been designated a voter registration agency in paragraph (1) of this subsection shall provide to each applicant who does not decline to register the same degree of assistance with regard to the completion of the registration application form as provided by the office with regard to the completion of its own forms, unless the applicant refuses assistance.

(6) No information that relates to a declination to register to vote in connection with an application made at an office described in this subsection may be used for any purpose other than voter registration.

(7) No voter registration agency shall reveal whether a particular individual completed an application to register to vote except when ordered by the officer designated in paragraph (12)(A) of this subsection when a complaint has been filed pursuant to paragraph (11) of this subsection or pursuant to § 11 of the National Voter Registration Act of 1993.

(8) A completed voter registration application or change of address or name accepted at a voter registration agency shall be transmitted by the agency to the Board by not later than 10 days after its acceptance by the agency, except that if a voter registration application is accepted at a voter registration agency office within 5 days before the deadline for voter registration in any election, the application shall be transmitted by the agency to the Board not later than 5 days after the date of acceptance.

(9) An application accepted at a voter registration agency shall be considered to have been received by the Board pursuant to subsection (e) of this section as of the date of acceptance by the voter registration agency.

(10) Notwithstanding any other provision of law, the Board shall ensure that the identity of the voter registration agency through which any particular individual is registered to vote is not disclosed to the public.

(11) An allegation of violation of the National Voter Registration Act of 1993 [42 U.S.C. § 1973gg et seq.] or of this subchapter may be made in writing, filed with the chief administrative officer of the Board and detail concisely the alleged violation.

(12)(A) The Board shall designate its chief administrative officer as the official responsible for the coordination of the District of Columbia’s responsibilities under the National Voter Registration Act of 1993 [42 U.S.C. § 1973gg et seq.] and as the official responsible for the coordination of this subchapter.

(B) The chief administrative officer designated under subparagraph (A) of this paragraph and the Board shall have the authority:

(i) To request any voter registration agency to submit in writing any reports and to answer any questions as the chief administrative officer or the Board may prescribe that relate to the administration and enforcement of the National Voter Registration Act of 1993 [42 U.S.C. § 1973gg et seq.] and of this subchapter; and

(ii) To bring a civil action in the Superior Court of the District of Columbia for declaratory or injunctive relief with respect to the failure of any voter registration agency to comply with the requirements of this subchapter.

(13) The Board may adopt regulations with respect to the coordination and administration of the National Voter Registration Act Conforming Amendment Act of 1994 and the National Voter Registration Act of 1993 [42 U.S.C. § 1973gg et seq.].

(14)(A) Agencies, other than voter registration agencies, may be designated as application distribution agencies. These agencies shall include the District of Columbia Public Library, the Fire and Emergency Medical Services Department, the Metropolitan Police Department, and any other executive agency the Mayor designates in writing.

(B) Each application distribution agency shall request, and the Board shall provide, sufficient quantities of mail-in voter registration applications for distribution to the public.

(C) These mail-in voter registration applications shall be placed in each office or substation of the agency in an accessible location and in clear view so that residents may easily obtain a mail-in voter registration application.

(D) Nothing in this subsection shall be deemed to require or permit employees of a mail-in voter registration application distribution agency to accept completed forms for delivery to the Board or to provide assistance in completing an application.

(15) The Board shall transmit an annual report to the Mayor and Council providing the number of voter registration applications received and the number of voter registration applications approved at each voter registration agency.

(e)(1) Within 19 calendar days after the receipt of a registration application form from any applicant, an automatic voter registration agency, pursuant to subsection (c)(1) of this section, or a voter registration agency, pursuant to subsection (d) of this section, the Board shall mail a non-forwardable voter registration notification to the applicant advising the applicant of the acceptance or rejection of the registration application by its chief voter registration official.

(2)(A) If the application is accepted, the notification shall include the applicant’s name, address, date of birth, party affiliation (if any), ward, precinct and Advisory Neighborhood Commission single-member district (“SMD”), and information on how to vote. The voter registration notification shall state that the applicant shall not vote before the applicant's 18th birthday. The Board may include along with the registration notification any voter education materials it deems appropriate. Registration of the applicant shall be effective on the date the Board determines that the applicant is a qualified elector and eligible to register to vote in the District of Columbia.

(B) For applications received from an automatic voter registration agency, pursuant to subsection (c)(1) of this section, the notification, in addition to the information required under subparagraph (A) of this paragraph, shall include information regarding the process to decline voter registration and to change or adopt a political party affiliation, if one was not designated on the application.

(3) If the application is rejected, the notification shall include the reason or reasons for the rejection and shall inform the voter of the voter's right to appeal the rejection pursuant to subsection (f) of this section.

(4) If the voter registration notification is returned to the Board as undeliverable, the Board shall mail the notice provided in subsection (j)(1)(B) of this section.

(5)(A) Any duly registered voter may file with the Board objections to the registration of any person whom the voter has reason to believe is fictitious, deceased, a disqualified person, or otherwise ineligible to vote (except with respect to a change of residence), or file a request for the addition of any person whose name the voter has reason to believe has been erroneously omitted or cancelled from the voter roll. Application 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 include any evidence in support of the challenge that the registrant is not qualified to be a registered voter. The Board shall issue regulations establishing an expedited procedure for its review of a voter registration challenge or an application for correction of the voter roll filed during the period beginning on the 90th day before an election and ending on the 45th day before an election. The Board shall not accept a voter registration challenge or application for correction of the voter roll after the 45th day before an election.

(B) The Board shall send notice to any person whose registration has been challenged along with a copy of any evidence filed in support of the challenge. The notice shall be sent to the address listed on the Board’s records. The notice shall state that the registrant must respond to the challenge not later than 30 days from the date of the mailing of the notice or be cancelled from the voter roll.

(C) The Board’s chief voter registration official shall make a determination with respect to the challenge within 10 days of receipt of the challenged registrant’s response. The determination shall be sent by first class mail to the challenged registrant and the person who filed the challenge. Within 14 days of mailing the notice, any aggrieved party may appeal, in writing, the chief voter registration official’s determination to the Board. The Board shall conduct a hearing and issue a decision within 30 days of receipt of the written notice of appeal.

(D) With respect to a request for the addition of a person to the voter roll, if the Board’s records do not evidence that the individual named has been erroneously omitted or cancelled, the Board shall send notice to the individual named in the request and to the person who filed the request. The notice shall state that the named individual must file a completed voter registration application in order to become a registered voter in the District.

(6) An individual whose registration has been cancelled under this section shall not be eligible to vote except by re-registration as provided in this section.

(f) In the case where a voter registration application is rejected pursuant to subsection (e) of this section, the Board shall immediately notify the individual of the rejection by first class mail. The individual may request a hearing before the Board on the rejection within 14 days after the notification is mailed. Upon the request for a hearing, the Board shall hold the hearing within 30 days after receipt of the request. At the hearing, the applicant and any interested party, may appear and give testimony on the issue. The Board shall determine the issue within 2 days after the hearing. Any aggrieved party may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the Board’s decision. The decision of the Court shall be final and not appealable. If any part of the process is pending on the date of any election held under this subchapter, the person whose registration is in question shall be permitted to cast a ballot in such election which is designated “challenged”. The ballot shall be counted in the election if the applicant is ultimately deemed to be a qualified registered elector.

(f-1) Repealed.

(g)(1) Except as provided in paragraph (4) of this subsection, at any time except during the 21-day period preceding any regularly scheduled election, a qualified elector or any individual who will be a qualified elector at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a voter registration application or request to activate the qualified elector's registration and submitting it in person at the Board's office, using the digital voter service system required by subsection (b)(2A) of this section, or by mail. A registration or request to activate the elector's registration that is received no later than 4:45 P.M. on the 21st day preceding any election, or such time on that day as the Board’s office remains open to receive registrations, shall be accepted.

(2) The Board shall process voter registration applications, voter registration update notifications, and requests to activate registration that are received, whether received postmarked, non-postmarked, or digitally, by the Board by the 21st day preceding any election.

(3) The Board shall process faxed postcard applications from persons eligible to vote by mail-in ballot in federal elections in the District of Columbia pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.), which are faxed not later than the 21st day preceding any election.

(4)(A)(i) After the 21st day preceding an election, a qualified elector may register to vote in the precinct in which the voter maintains residence by completing a voter registration application or request to activate the qualified elector's registration and submitting it in person at the Board's office.

(ii) The Board may permit a qualified elector to register to vote by requesting to activate the qualified elector's registration using the digital voter service system required by subsection (b)(2A) of this section or by mail after the 21st day preceding an election.

(B) A qualified elector shall not change the qualified elector's party affiliation after the 21st day preceding an election; except, that a qualified elector on the preapproved for registration list who is requesting to activate the qualified elector's registration may select a party affiliation after the 21st day preceding an election; and

(C) A qualified elector may register to vote by requesting to activate the qualified elector's registration through the return of a mail ballot pursuant to § 1-1001.07b(d)(4)(E) that is accepted by the Board pursuant to § 1-1001.05(a)(10A). An otherwise valid mail ballot received from a qualified elector on the preapproved for registration list shall be processed and counted in the same manner as a mail ballot received from a registered voter; except, that any qualified elector on the preapproved for registration list for whom there is no signature on file shall be required to provide the last 4 digits of the qualified elector's social security number on the ballot envelope in addition to a signature. The qualified elector's mail-in ballot shall be counted notwithstanding the absence of a signature on file, and the signature on the ballot envelope shall become the qualified elector's signature on file.

(5) A qualified elector may register during early voting or on election day by appearing in person at any Vote Center and by completing a voter registration application, making an oath in the form prescribed by the Board, and providing proof of residence. An individual may prove residence for purposes of registering by presenting such identification as required under federal law, District law, or Board regulation, including a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, pay check, or other document specified by the Board, that shows the current name and address of the voter. Each individual who successfully registers on Election Day shall cast a regular ballot. A qualified elector shall not change the qualified elector's party affiliation on election day.

(6) The site coordinator shall keep a record of individuals who attempt to register during early voting or on election day and indicate the form of proof of residency provided by the person. The record shall be forwarded to the Board.

(7)(A) The Board shall maintain a list, including the name and addresses, of all individuals who either:

(i) Attempted to register and vote in the election, but could not provide proof of residence; or

(ii) Successfully registered and voted.

(B) The Board shall make the list available to public inspection upon request.

(8) A qualified elector may register to vote by requesting to activate the qualified elector's registration while appearing in person at a Vote Center pursuant to § 1-1001.07b(d)(4)(D). A qualified elector on the preapproved for registration list appearing in person at a Vote Center during voting hours is not required to provide proof of residence to activate the qualified elector's registration. Each qualified elector on the preapproved for registration list who successfully activates their registration at a Vote Center during voting hours shall cast a regular ballot; provided, that any qualified elector on the preapproved for registration list for whom there is no signature on file shall be required to provide either their DMV-issued identification number or the last 4 digits of their social security number in order to activate their registration at a Vote Center. A qualified elector who is requesting to activate the qualified elector's registration by appearing in person at a Vote Center during voting hours may select a party affiliation at a Vote Center during voting hours.

(h)(1) No later than 45 days preceding any election held under this subchapter, the Board shall cause a District-wide alphabetical list of qualified electors registered to vote in the District to be placed in the main public library and shall cause an alphabetical ward list of qualified registered electors for each ward to be placed in each branch library located within the respective ward. Such lists shall be current as of the 60th day preceding such elections.

(2) The Board shall cause a copy of the list of qualified electors registered to vote as of the date the voter registry closed to be placed in public buildings of the District of Columbia for a period of not less than 14 days preceding each election held under this subchapter as follows:

(A) A District-wide list shall be placed in the main public library; and

(B) A ward list for the ward shall be placed in every branch library located within the respective ward.

(2A) Repealed.

(3) The provisions of this subsection shall not apply when a special election is held to fill a vacancy in an Advisory Neighborhood Commission single-member district.

(i)(1) A person shall be entitled to vote in an election in the District of Columbia if the person is a duly registered voter. A qualified elector shall be considered duly registered in the District if the person has met the requirements for voter registration and, at the time of voting, either resides at the address listed on the Board’s records or files an election day change of address pursuant to this subsection.

(2) Each registered voter who changes the registered voter's place of residence from that listed on the Board’s records shall notify the Board, in writing, of the new residence address. A change of address shall be effective on the date the notification was mailed as shown by the United States Postal Service postmark. If not postmarked, the notification shall be effective on the date of receipt by the Board. Change of address notifications from registrants shall be accepted pursuant to subsection (g) of this section, except that any registrant who has not notified the Board of the registered voter's current residence address by the deadline established by subsection (g) of this section may be permitted to vote by filing an election day change of address notice pursuant to paragraph (4) of this subsection.

(3) Each registered voter who votes at a Vote Center during early voting or on election day shall affirm the registered voter's residence address as it appears on the official registration roll. The act of signing a copy of the official registration roll shall be deemed affirmation of the voter's address as it appears on the Board's registration records.

(4)(A) A registered voter who has moved within the District but has not notified the Board in writing of the registered voter's current address by the deadline established pursuant to subsection (g) of this section, or who is designated inactive pursuant to subsection (j) of this section, shall, prior to being permitted to vote, file notification of a change of address on a form provided by the Board; provided, that the voter shall provide proof of address change in the form of a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, pay check, or other document specified by the Board that shows the current name and address of the voter either in person on election day or at the Board's office or a voter registration agency following the election.

(B) Repealed.

(C) A registered voter who files a change of address at a Vote Center and provides valid proof of residence pursuant to subparagraph (A) of this paragraph may vote by regular ballot during early voting or on election day.

(5)(A) As soon as practicable after the election, the Board shall mail each registered voter who filed a change of address at the polls during early voting or on election day a nonforwardable address confirmation notice to the address provided in the written affirmation.

(B) Where 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, the Board shall notify the Attorney General of the District of Columbia.

(6) Each individual who has not previously voted in a federal election in the District and who registers to vote by mail shall present, either at the time of registrationor when voting in person or by mail, a copy of a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, or pay check that shows the name and address of the voter. Individuals who fail to present this identification shall vote by special ballot. This paragraph shall not apply to:

(A) Individuals whose registration application includes a DMV-issued identification number or at least the last 4 digits of the individual’s social security number, and matches an existing identification record bearing the same number, name, and date of birth as the application; or

(B) Individuals entitled to vote otherwise than in person under federal law.

(j)(1) The Board shall develop a systematic program to maintain the voter roll and keep it current. This program shall include the following:

(A) By March 31 of each odd-numbered year, the Board shall confirm the address of each registered voter who did not confirm the registrant's address through the voting process or file a change of address at the polls in the preceding general election by mailing a first class nonforwardable postcard to the address listed on the Board’s records.

(B)(i) If the United States Postal Service returns the notice and provides a new address for the registrant within the District of Columbia, the Board shall change the address on its records and mail to both the old and new addresses of the registrant a forwardable notification that the address has been changed to reflect the information obtained from the United States Postal Service.

(ii) If the United States Postal Service returns the notice and provides a new address 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 the new jurisdiction or correct the address information obtained from the United States Postal Service.

(iii) If the United States Postal Service returns the notice to the Board as undeliverable, the Board shall mail to the registrant at the registrant's last known address the notice prescribed in sub-subparagraph (ii) of this subparagraph.

(C) The notices prescribed in subparagraphs (A) and (B) of this paragraph shall include a pre-addressed and postage paid return notification postcard to enable the registrant to correct any address information obtained from the United States Postal Service. In addition, the notices shall include the following information:

“If you did not change your residence, or changed residence but remained in the District, you should return the card not later than the deadline for mail registration for the next federal election (the 21st day before the election). If the card is not returned, affirmation of your address may be required before you are permitted to vote in any election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office that occurs after the date of the notice, and if you do not vote in an election during that period, your name will be removed from the list of eligible voters.”.

(D)(i) The Board may, in addition, utilize information obtained from the United States Postal Service and the National Change of Address System, which identifies registrants who have moved from the addresses listed on the Board's records. In these cases, the Board shall issue the notices prescribed in subparagraph (B) of this paragraph.

(ii) The Board shall process information obtained from the DMV identifying registrants who have updated their name or address from the information listed in the Board's records as provided in subsection (c)(1)(F) of this section.

(iii) The Board shall utilize information obtained from the Department of Health Care Finance (subject to compliance with all applicable federal laws and regulations), and any other agency designated by the Board, identifying registrants who have updated their name or address from the information listed in the Board's records as provided in subsection (c)(1)(F) of this section.

(2)(A) Upon receipt of the United States Postal Service-returned notices described in paragraph (1)(B)(ii) and (iii) of this subsection, the Board shall designate the registrant's voter registration status as inactive on the voter roll.

(B) Where a registered voter is designated as inactive on the voter roll pursuant to subparagraph (A) of this paragraph and the registrant provides the Board with a current residence address, or votes in any election in accordance with subsection (i) of this section by the date established in subparagraph (C) of this paragraph, the inactive designation shall be removed from the registrant’s record.

(C) Where the Board mails the forwardable notice required in paragraph (1)(B) of this subsection, and the registrant fails to respond to the notice and fails to vote during the period beginning on the date the notice was mailed and ending on the day after the second general election for federal office, the registrant’s name shall be removed from the voter roll.

(3) As part of its systematic voter roll maintenance program, the Board may, by regulation, develop additional procedures to identify and remove from the voter roll registrants who are deceased and no notification was received from the Vital Records Division of the Department of Health, 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 duly registered voters.

(4) Any systematic program conducted by the Board to identify individuals who do not reside at the address listed on the Board’s records shall be completed not less than the 90th day immediately preceding any primary, general, or District-wide special election.

(5) The voter registrations of individuals whose registrations are designated as inactive on the voter roll, pursuant to paragraph (2) of this subsection:

(A) Shall not be utilized in the calculation of the number of signatures required for qualification of candidate, initiative, referendum, and recall petitions;

(B) Shall not be counted as valid in the verification of signatures pursuant to §§ 1-1001.08(o), 1-1001.16(o), and 1-1001.17(k);

(i) Repealed.

(ii) To calculate or report the number of registered voters for an administrative purpose; or

(iii) For the issuance of information mailings; and

(D) Their names shall not be sold by the Board either in hard copy form or electronic media, except upon specific request of the purchaser and the fact that the registrations are designated as inactive is made known to the purchaser.

(6) The Board may use reliable information obtained from the Department of Corrections or the Federal Bureau of Prisons to update the address information of incarcerated voters.

(k)(1) The Board shall cancel a voter registration upon receipt of a signed request from the registrant, upon notification of the death of a registrant, upon notification that the registrant has registered to vote in another jurisdiction, or for any other reason specifically authorized in this subchapter.

(2) The Board shall request at least monthly, and the Mayor shall furnish, the name, address, and date of birth, if known, of each District resident 18 years of age and over reported deceased within the District, together with the name and address of each District resident who has been reported deceased by other jurisdictions since the date of the previous report.

(3) The Board shall request at least monthly, and the Superior Court of the District of Columbia shall furnish, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report, and the former and present names and address of each person whose name has been changed by decree or order of the Court since the date of the previous report.

(4) The Board shall request from the United States District Court for the District of Columbia, at least monthly, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report.

(4A) At least monthly, the Board shall request from the Bureau of Prisons the name, location of incarceration, and contact information for each qualified elector in the Bureau of Prisons' care or custody.

(4B) At least monthly, at the request of the Board, the Department of Corrections shall provide the Board with the name and date of birth of each person transferred from the Department of Corrections to the Bureau of Prisons.

(5) Any individual whose registration has been cancelled shall not be permitted to vote except by re-registration as provided in this section.

(l) Before May 1, 2010, the Board shall submit to the Council a report indicating the feasibility of implementing automatic voter registration in the District.

(m)(1) The Board, in conjunction with each automatic voter registration agency, shall develop and implement electronic transmission of voter registration information from that automatic voter registration agency.

(2) Upon implementation of electronic transmission of voter registration information required under paragraph (1) of this subsection, the automatic voter registration agency shall transmit any eligible voter registration application to the Board no later than 5 days after the date of the application's acceptance by the automatic voter registration agency.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 7; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1 (8, 9, 10, 11); July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(4); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Dec. 23, 1971, 85 Stat. 790, Pub. L. 92-220, § 1(8), (30), (31); Dec. 16, 1975, D.C. Law 1-37, § 2(3)-(5), 22 DCR 3426; Apr. 23, 1977, D.C. Law 1-126, title III, § 301(g)-(i), title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(e), (n), (p), (q), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(b), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(c), 30 DCR 3196; Mar. 16, 1988, D.C. Law 7-92, § 3(d)-(g), 35 DCR 716; Aug. 17, 1991, D.C. Law 9-32, § 2, 38 DCR 4220; Mar. 11, 1992, D.C. Law 9-75, § 2(b), 39 DCR 310; Feb. 5, 1994, D.C. Law 10-68, § 7(a), 40 DCR 6311; Sept. 22, 1994, D.C. Law 10-173, § 2(b), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(b), 42 DCR 1547; Apr. 18, 1996, D.C. Law 11-110, § 5(a), 43 DCR 530; Apr. 12, 2000, D.C. Law 13-91, § 123(b), 47 DCR 520; Apr. 3, 2001, D.C. Law 13-251, § 2(a), 48 DCR 668; Dec. 7, 2004, D.C. Law 15-218, § 2(c), 51 DCR 9132; Apr. 7, 2006, D.C. Law 16-91, § 127(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 48(l), 53 DCR 6794; Oct. 21, 2008, D.C. Law 17-236, § 2, 55 DCR 9019; Feb. 4, 2010, D.C. Law 18-103, § 2(e), 56 DCR 9169; May 31, 2012, D.C. Law 19-131,§ 2(a), 59 DCR 2389; Feb. 26, 2015, D.C. Law 20-158, § 2(b), 61 DCR 10730; May 2, 2015, D.C. Law 20-273, § 2(b), 62 DCR 1938; Feb. 18, 2017, D.C. Law 21-208, § 2(a), 63 DCR 15285; Oct. 30, 2018, D.C. Law 22-168, § 1052, 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-205, § 2(b), 65 DCR 12361; Mar. 16, 2021, D.C. Law 23-192, § 2(f)(1), 68 DCR 001073; Apr. 27, 2021, D.C. Law 23-277, § 2(c), 67 DCR 13867; Feb. 23, 2023, D.C. Law 24-242, § 2(b), 69 DCR 14601; Feb. 23, 2023, D.C. Law 24-265, § 2(a), 70 DCR 198; Apr. 6, 2023, D.C. Law 24-342, § 3(e), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1311.

1973 Ed., § 1-1107.

Section References

This section is referenced in § 1-309.09, § 1-1001.02, § 1-1001.05, § 1-1001.08, and § 1-1001.14.

Effect of Amendments

D.C. Law 13-91 validated a previously made technical correction in par. (2) of subsec. (j).

D.C. Law 13-251 rewrote subsec. (e)(5)(A) which had read:

“(5)(A) Any duly registered voter may file with the Board objections to the registration of any person whom he or she has reason to believe is fictitious, deceased, a disqualified person, or otherwise ineligible to vote (except with respect to a change of residence), or file a request for the addition of any person whose name he or she has reason to believe has been erroneously omitted or cancelled from the voter roll. Application 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 include any evidence in support of the challenge that the registrant is not qualified to be a registered voter. The challenge or application shall be filed with the Board not later than 90 days before the date of any election held under this subchapter.”

D.C. Law 15-218 added subsec. (a-1), subpar. (K) of par. (c)(1), and par. (6) of subsec. (i); in par. (1) of subsec. (b), substituted “Help America Vote Act of 2002” for “Federal Election Commission”; and, in par. (2) of subsec. (b), substituted “approved by the Board and shall meet the requirements of the National Voter Registration Act of 1993, approved May 20, 1993 (107 Stat. 77; 42 U.S.C. § 1973gg et seq.) and the Help America Vote Act of 2002” for “approved by the Board” in the first sentence, and added the second sentence.

D.C. Law 16-91, in pars. (b)(2) and (i)(6), validated previously made technical corrections.

D.C. Law 16-191, in subsecs. (b)(2) and (i)(6), validated previously made technical corrections.

D.C. Law 17-236 added subsecs. (a-2), (b)(4); and, in subsec. (e)(2), inserted “The voter registration notification shall state that the applicant shall not vote before her or his 18th birthday.”

D.C. Law 18-103 rewrote subsecs. (a-2), (b)(4), and (g); in subsec. (d)(1)(B), substituted “the Department of Parks and Recreation, the Department of Corrections, the Department of Youth and Rehabilitative Services, and the Office of Aging” for “the Senior Citizens Branch of the Department of Recreation and Parks and the Office of Aging”; and added subsec. (l).

D.C. Law 19-131, in subsec. (g)(1), substituted “4:45 P.M. on the 30th day preceding any election, or such time on that day as the Board’s office remains open to receive registrations,” for “5:00 p.m. on the 31st day preceding any election”; in subsec. (g)(5), substituted “law, District law, or Board regulation. Each individual who registers on Election Day shall cast a special ballot, subject to the Board’s verification of residence.” for “law; provided, that, for each election occurring before December 31, 2010, the individual shall cast a special ballot, subject to the Board’s verification of residence; provided further, that for each election occurring after December 31, 2010, if the individual does not present a government-issued and valid photo identification card showing the individual’s address, the individual shall cast a special ballot, subject to the Board’s verification of residence”; and, in subsec. (g)(7)(A)(i), substituted “register and vote in the election, but” for “register but”.

The 2015 amendment by D.C. Law 20-158 would have substituted “DMV-issued identification” for “driver’s license” in (a-1)(1)(A), (a-1)(1)(B), (a-1)(2), and (i)(6)(A); substituted “mailable” for “mailed” in (b)(2); would have added (b)(2A) and (b)(5); would have substituted “DMV” for “Bureau of Motor Vehicle Services” throughout (c) and (j)(1)(D); would have repealed (c)(2); would have added “using the digital voter service system required by subsection (b)(2A) of this section” preceding “or by mail” at the end of the first sentence in (g)(1); and would have added (g)(2)(C) and made related changes.

The 2015 amendment by D.C. Law 20-273 rewrote (g)(5); added (h)(2A); rewrote (i)(4)(A) and (i)(4)(C); and repealed (i)(4)(B).

Cross References

Advisory Neighborhood Commissions, “registered qualified elector” defined, see § 1-309.09.

Applicability

Section 7087 of D.C. Law 25-50 repealed section 3 of D.C. Law 24-265 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(a) of Law 24-265 has been implemented.

Section 7084 of D.C. Law 25-50 repealed section 3 of D.C. Law 24-242 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(b) of Law 24-242 has been implemented.

Applicability of D.C. Law 24-265: § 3 of D.C. Law 24-265 provided that the amendment, except for one of the amendments to subsection (c)(1)(B) and (M), to this section by § 2(a) of D.C. Law 24-265 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 24-242: § 3 of D.C. Law 24-242 provided that the change made to this section by § 2(b) of D.C. Law 24-242 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7021 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-208. Therefore the changes made to this section by D.C. Law 21-208 have been implemented.

Applicability of D.C. Law 21-208: § 5 of D.C. Law 21-208 provided that the except for §2(5),any change made to this section by § 2(a) of D.C. Law 21-208 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7010 of D.C. Law 21-160 repealed § 3 of D.C. Law 20-158. Therefore the changes made to this section by D.C. Law 20-158 have been given effect.

Applicability of D.C. Law 20-158: § 3 of D.C. Law 20-158 provided that the change made to this section by § 2(b) of D.C. Law 20-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

The Budget Director of the Council of the District of Columbia has determined that as of January 12, 2016, the fiscal effect of D.C. Law 20-158 has not been included in an approved budget and financial plan

The Budget Director of the Council of the District of Columbia has determined that as of January 12, 2016, the fiscal effect of D.C. Law 20-273 was included in an approved budget and financial plan.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 201(c)(2) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-76, May 3, 2021, 68 DCR 004935).

For temporary (90 days) amendment of this section, see § 201(c)(2) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).

For temporary (90 days) , see § 2(b) of General Election Preparations Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-422, Oct. 26, 2020, 67 DCR 12827).

For temporary (90 days) amendment of this section, see § 804(c) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 2(c) of General Election Preparations Emergency Amendment Act of 2020 (D.C. Act 23-382, Aug. 13, 2020, 67 DCR 9865).

For temporary (90 days) amendment of this section, see § 201(c)(2) of Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020 (D.C. Act 23-336, July 22, 2020, 67 DCR 9148).

For temporary (90 days) amendment of this section, see § 804(c) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 804(c) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) creation of § 1-1001.07a, see § 2 of Leave to Vote Emergency Amendment Act of 2020 (D.C. Act 23-251, Mar. 17, 2020, 67 DCR 3465).

For temporary (90 days) amendment of this section, see § 1052 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1052 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) repeal of § 5 of D.C. Law 21-208, see § 7021 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 5 of D.C. Law 21-208, see § 7021 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(a) of Election Day Change of Address Emergency Amendment Act of 2016 (D.C. Act 21-495, Oct. 7, 2016, 63 DCR 12605).

For temporary (90 day) amendment of section, see § 2(c) of Help American Vote Emergency Amendment Act of 2003 (D.C. Act 15-283, December 18, 2003, 51 DCR 197).

For temporary (90 day) amendment of section, see § 2(c) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-405, March 18, 2004, 51 DCR 3650).

For temporary (90 day) amendment of section, see § 2(c) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-658, December 29, 2004, 52 DCR 492).

For temporary (90 day) amendment of section, see § 2 of Student Voter Registration Emergency Amendment Act of 2008 (D.C. Act 17-350, April 17, 2008, 55 DCR 5364).

For temporary (90 day) amendment of section, see § 2(e) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 2(a) of Board of Elections and Ethics Electoral Process Improvement Emergency Amendment Act of 2011 (D.C. Act 19-266, January 3, 2012, 59 DCR 207).

For temporary (90 days) amendment of this section, see §§ 2(b) and 3 of the Voter Registration Access and Modernization Emergency Amendment Act of 2014 (D.C. Act 20-616, Jan. 28, 2015, 62 DCR 1905, 21 STAT 791).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(c) of General Election Preparations Temporary Amendment Act of 2020 (D.C. Law 23-167, Dec. 23, 2020, 67 DCR 13022).

For temporary (225 days) amendment of this section, see § 201(c)(2) of Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020 (D.C. Law 23-151, Dec. 3, 2020, 67 DCR 9920).

For temporary (225 days) amendment of this section, see § 804(c) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) creation of § 1-1001.07a, see § 2 of Leave to Vote Temporary Amendment Act of 2020 (D.C. Law 23-106, June 17, 2020, 67 DCR 3948).

For temporary (225 day) amendment of section, see § 2(c) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).

For temporary (225 day) amendment of section, see § 2 of Student Voter Registration Temporary Amendment Act of 2008 (D.C. Law 17-188, July 18, 2008, law notification 55 DCR 8710).

Section 2(a) of D.C. Law 19-101, in subsec. (g)(1), substituted “4:45 P.M. on the 30th day, or such time on that day as the Board’s office remains open to receive registrations” for “5:00 p.m. on the 31st day”; in subsec. (g)(5), substituted “law, District law, or Board regulation. Each individual who registers on Election Day shall cast a special ballot, subject to the Board’s verification of residence.” for “law; provided, that, for each election occurring before December 31, 2010, the individual shall cast a special ballot, subject to the Board’s verification of residence; provided further, that for each election occurring after December 31, 2010, if the individual does not present a government-issued and valid photo identification card showing the individual’s address, the individual shall cast a special ballot, subject to the Board’s verification of residence.”; and, in subsec. (g)(7)(A)(i), substituted “register and vote in the election, but” for “register but”.

Section 4(b) of D.C. Law 19-101 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

References in Text

Pursuant to Mayor’s Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

The National Voter Registration Act, referred to in (b) and (d), is Pub. L. 103-31, May 20, 1993, 107 Stat 77 which is codified primarily as 42 U.S.C.§§ 1973gg et seq.

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

§ 1–1001.07a. Leave to vote.

(a) For the purposes of this section, the term:

(1) "Educational institution" means any school in the District of Columbia Public Schools system, a public charter school, an independent school, a private school, a parochial school, or a private instructor in the District.

(2) "Employee" means any individual employed by an employer who is eligible to vote.

(3) "Employer" means any person who, for compensation, employs an individual.

(4) "Student" means any person who is enrolled in an educational institution who is eligible to vote.

(b)(1) Upon the request of an employee, an employer shall provide the employee at least 2 hours of paid leave to vote in person in any election held under this subchapter, or, if the employee is not eligible to vote in the District, in any election run by the jurisdiction in which the employee is eligible to vote; provided, that the employee would have been scheduled to work during the time for which the leave is requested.

(2) An employer may:

(A) Require the employee to request the leave a reasonable time in advance; and

(B) Specify the hours during which the employee may take the leave, including by requiring that the employee take the leave:

(i) During a period designated for early voting instead of on the day of the election; or

(ii) At the beginning or end of their working hours.

(3) An employer shall not deduct from an employee's salary, wages, or accrued leave for leave taken under this section.

(4) It shall be unlawful for an employer to:

(A) Interfere with, restrain, or deny any attempt to take leave pursuant to this subsection; or

(B) Retaliate against an employee in any manner for taking leave pursuant to this subsection.

(5) An employer shall post and maintain a notice, developed by the Board in consultation with the Office of Human Rights' Language Access Program, in a conspicuous place, that includes an easily understood description of the provisions of this subsection.

(c) Upon the request of a student, an educational institution shall provide the student an excused absence of at least 2 hours to vote in person in any election held under this subchapter, or, if the student is not eligible to vote in the District, in any election run by the jurisdiction in which the student is eligible to vote; provided, that the student's educational institution may specify the hours during which the student may take the leave, including by requiring that the student take the leave during any period designated for early voting instead of on the day of the election.

(d) Before each election held under this subchapter, the Board shall publicize the provisions of this section.

(e) The Board, subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

§ 1–1001.07b. Automatic voter registration expansion.

(a) The DMV shall provide to the Board the following electronic records for any person who applies for a driver's license (including a renewal or correction) or nondriver's identification card, has provided documentation demonstrating United States citizenship, is of sufficient age to register to vote or to preregister to vote, is not already registered to vote in the District, and for whom the DMV does not submit an application for voter registration to the Board pursuant to § 1-1001.07(c)(1):

(1) Legal name;

(2) Date of birth;

(3) Residence;

(4) Mailing address;

(5) DMV-issued identification number or social security number;

(6) Citizenship information; and

(7) Electronic signature, if available.

(b) Subject to compliance with all applicable federal laws and regulations, the Department of Health Care Finance shall provide to the Board the following electronic records for all applicants contained on each application for the District medical assistance program (including any recertification), such as Medicaid, who are of sufficient age to register to vote or preregister to vote and who are externally verified as a United States citizen as part of the medical assistance application:

(1) Legal name;

(2) Date of birth;

(3) Residence;

(4) Mailing address;

(5) DMV-issued identification number or social security number;

(6) Citizenship information; and

(7) Electronic signature, if available.

(c) Upon a determination by the Board that an agency, designated by the Board, can confirm an applicant's citizenship through documentation or external verification in the regular course of its business, the Board shall establish a schedule by which the agency shall begin providing electronic records regarding applicants who are of sufficient age to register to vote or preregister to vote and who are verified as United States citizens, subject to any modifications necessary to comply with federal law. An agency designated by the Board pursuant to this subsection may include an agency of the federal government, subject to the agreement of such agency.

(d)(1) Unless the Board has information indicating that a person is ineligible to register to vote or is already registered to vote in the District, upon receiving information from the DMV pursuant to subsection (a) of this section, the Department of Health Care Finance pursuant to subsection (b) of this section, or an agency designated by the Board pursuant to subsection (c) of this section, the Board shall add the person to a computerized preapproved for registration list of individuals maintained by the Board who are not registered to vote in the District but are preapproved for registration based on information presented during an agency transaction.

(2) Within 14 calendar days after the receipt of information pursuant to this section, the Board shall mail a non-forwardable notification to any person added to the preapproved for registration list, including any voter education materials it considers appropriate. The notifications shall include:

(A) Notice that the person has been added to the preapproved for registration list;

(B) Instructions on how the person may activate their registration and become a registered voter in the District;

(C) Instructions on how to affiliate with a political party and an explanation of the closed primary election system in the District;

(D) The person's ward, precinct, single-member district, and Advisory Neighborhood Commission;

(E) Instructions on how the person can request to be removed from the preapproved for registration list;

(F) Instructions on how the person can request that their information on the preapproved for registration list be designated as confidential and not subject to public disclosure; and

(G) A form and postage-paid return envelope by which the person may activate their registration, which shall also provide the option to affiliate with a political party.

(3)(A) Eligible persons on the preapproved for registration list shall be automatically sent a mail-in ballot in general elections for 4 years after they are added to the preapproved for registration list and remain on the list.

(B) Mail-in ballots sent pursuant to subparagraph (A) of this paragraph shall include an opportunity to request activation of the person's registration pursuant to paragraph (4) of this subsection.

(4) Notwithstanding any other law, individuals on the preapproved for registration list may request activation of their registration and become registered voters in the District by any of the following methods:

(A) Returning the notification described in paragraph (2) of this subsection;

(B) Accessing the digital voter service system provided by the Board;

(D) Appearing in person at a Vote Center; or

(E) Returning a mail ballot sent pursuant to paragraph (3) of this subsection.

(5) Qualified electors on the preapproved for registration list shall be ineligible to sign nominating petitions in support of a candidate or petitions for an initiative, referendum, or recall. Signing such a petition shall not activate a qualified elector's registration.

(e) The Board shall adopt regulations to update the preapproved for registration list. The regulations shall utilize address and name information obtained from the United States Postal Service, the National Change of Address System, the DMV, the Department of Health Care Finance (subject to compliance with all applicable federal laws and regulations), and any other government agency designated by the Board to identify individuals who have moved from the addresses listed in the Board's records or updated their name. A government agency designated under this subsection may include an agency of the federal government, subject to the agreement of such agency. The regulations shall also utilize any available records to identify individuals who are deceased.

(f) The Board, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

§ 1–1001.08. Qualifications of candidates and electors; nomination and election of Delegate, Chairman of the Council, members of Council, Mayor, Attorney General, and members of State Board of Education; petition requirements; arrangement of ballot.

(a)(1) Each candidate for election to the office of national committeeman or alternate, or national committeewoman or alternate, and for election as a member or official designated for election at large under paragraph (4) of § 1-1001.01, shall be a qualified elector registered under § 1-1001.07 who has been nominated for such office, or for election as such member or official, by a nominating petition:

(A) Signed by not less than 500, or 1%, whichever is less, of the qualified electors registered under such § 1-1001.07, who are of the same political party as the candidate; and

(B) Filed with the Board not later than the 90th day before the date of the election held for such office, member, or official.

(2) In the case of a nominating petition for a candidate for election as a member or official designated for election from a ward under paragraph (4) of § 1-1001.01, such petition shall be prepared and filed in the same manner as a petition prepared and filed by a candidate under paragraph (1) of this subsection and signed by 100, or 1%, whichever is less, of the qualified electors residing in such ward, registered under § 1-1001.07, who are of the same political party as the candidate.

(b)(1)(A) No person shall hold elected office pursuant to this section unless the person has been a bona fide resident of the District of Columbia continuously since the beginning of the 90-day period ending on the date of the next election, and is a qualified elector registered under § 1-1001.07.

(B) Repealed.

(D) Any candidate for the position of Attorney General shall also meet the qualifications required by § 1-301.83 before the day on which the election for Attorney General is to be held.

(2) Only qualified petition circulators may circulate nominating petitions in support of candidates for elected office pursuant to this subchapter. The Board shall consider invalid the signatures on any petition sheet that was circulated by a person who, at the time of circulation, was not a qualified petition circulator.

(3) All signatures on a petition shall be made by the person whose signature it purports to be and not by any other person. Each petition shall contain an affidavit, made under penalty of perjury, in a form to be determined by the Board and signed by the circulator of that petition which shall state that the circulator is a qualified petition circulator and has:

(A) Personally circulated the petition;

(B) Personally witnessed each person sign the petition; and

(C) Inquired from each signer whether the signer is a registered voter in the same party as the candidate and, where applicable, whether the signer is registered in and a resident of the ward from which the candidate seeks election.

(3A)(A) Petition sheets circulated in support of a candidate for elected office pursuant to this subchapter shall be filed with the Board in hard copy but may be electronically provided by the:

(i) Board to the candidate;

(ii) Candidate to a qualified petition circulator; and

(iii) Qualified petition circulator to the candidate.

(B) No signature on a petition sheet shall be invalidated because the signer was also the circulator of the same petition sheet on which the signature appears.

(4) Any circulator who knowingly and willfully violates any provisions of this section, or any regulations promulgated pursuant to this section, shall upon conviction be subject to a fine of not more than $10,000, or imprisonment for not more than 6 months, or both. Each occurrence of a violation of this section shall constitute a separate offense. Violations of this section shall be prosecuted in the name of the District of Columbia by the Attorney General of the District of Columbia.

(c)(1) In such election of officials referred to in paragraph (1) of § 1-1001.01, and in each election of officials designated for election at large pursuant to paragraph (4) of § 1-1001.01, the Board shall arrange the ballot of each party to enable the registered voters of such party to vote separately or by slate for each official duly qualified and nominated for election to such office.

(2) In each election of officials designated, pursuant to paragraph (4) of § 1-1001.01, for election from a ward, the Board shall arrange the ballot of each party to enable the registered voters of such party, residing in such ward, to vote separately or by slate for each official duly qualified and nominated from such ward for election to such office from such ward.

(d) Each political party which had in the next preceding election year at least 7,500 votes cast in the general election for a candidate of the party to the office of Delegate, Chairman of the Council, member of the Council, Mayor, or Attorney General, shall be entitled to elect candidates for presidential electors, provided that the party has met all deadlines set out in this subchapter or by regulation for the submission of a party plan for the election. The executive committee of the organization recognized by the national committee of each such party as the official organization of that party in the District of Columbia shall nominate by appropriate means the presidential electors for that party. Nominations shall be made by message to the Board on or before September 1st next preceding a presidential election.

(e) The names of the candidates of each political party for President and Vice President shall be placed on the ballot under the title and device, if any, of that party as designated by the duly authorized committee of the organization recognized by the national committee of that party as the official organization of that party in the District. The form of the ballot shall be determined by the Board. The position on the ballot of names of candidates for President and Vice President shall be determined by lot. The names of persons nominated as candidates for electors of President and Vice President shall not appear on the ballot.

(f) A political party which does not qualify under subsection (d) of this section may have the names of its candidates for President and Vice President of the United States printed on the general election ballot provided a petition nominating the appropriate number of candidates for presidential electors signed by at least 1 per centum of registered qualified electors of the District of Columbia, as shown by the records of the Board as of the 144th day before the date of the presidential election, is presented to the Board on or before the 90th day before the date of the presidential election.

(g)(1) No person may be elected to the office of elector of President and Vice President pursuant to this subchapter unless the person:

(A) Is a registered voter in the District; and

(B) Has been a bona fide resident of the District for a period of 3 years immediately preceding the date of the presidential election.

(2) Each person elected as elector of President and Vice President shall, in the presence of the Board, take an oath or solemnly affirm that the person will vote for the candidates of the party the person has been nominated to represent, and it shall be the person's duty to vote in such manner in the electoral college.

(3) An elector's ballot for President or Vice President shall not be accepted if the elector does not vote for the candidate of the party whom the elector has been elected to represent. An elector who refuses to present a ballot, presents an unmarked ballot, or refuses to vote for the candidate of the party whom the elector has been selected to represent shall vacate the office of elector.

(4) In the event of a vacancy in the office of elector, the Board shall appoint a substitute elector, who meets the eligibility requirements of paragraphs (1) and (2) of this subsection, by appointing an elector who has been chosen from a list submitted by the party whom the elector would be selected to represent.

(h)(1)(A) The Delegate, Chairman of the Council, the 4 at-large members of the Council, Mayor, and Attorney General shall be elected by the registered qualified electors of the District of Columbia in a general election. Each candidate for the office of Delegate, Chairman of the Council, the at-large members of the Council, Mayor, and Attorney General in any general election shall, except as otherwise provided in subsection (j) of this section and § 1-1001.10(d), have been elected by the registered qualified electors of the District as such candidate by the next preceding primary election.

(B)(i) A member of the Council (other than the Chairman and any member elected at large) shall be elected in a general election by the registered qualified electors of the respective ward of the District from which the individual seeking such office was elected as a candidate for such office as provided in sub-subparagraph (ii) of this subparagraph.

(ii) Each candidate for the office of member of the Council (other than Chairman and at-large members) shall, except as otherwise provided in subsection (j) of this section and § 1-1001.10(d), have been elected as such a candidate, by the registered qualified electors of the ward of the District from which such individual was nominated, at the next preceding primary election to fill such office within that ward.

(2) The nomination and election of any individual to the office of Delegate, Chairman of the Council, member of the Council, Mayor, and Attorney General shall be governed by the provisions of this subchapter. No political party shall be qualified to hold a primary election to select candidates for election to any such office in a general election unless, in the next preceding election year, at least 7,500 votes were cast in the general election for a candidate of such party for any such office or for its candidates for electors of President and Vice President.

(i)(1) Each individual in a primary election for candidate for the office of Delegate, Chairman of the Council, at-large member of the Council, Mayor, or Attorney General shall be nominated for any such office by a petition:

(A) Filed with the Board not later than 90 days before the date of such primary election; and

(B) Signed by at least 2,000 registered qualified electors of the same political party as the nominee, or by 1 per centum of the duly registered members of such political party, whichever is less, as shown by the records of the Board as of the 144th day before the date of such election.

(2) Each individual in a primary election for candidate for the office of member of the Council (other than Chairman and at-large members) shall be nominated for such office by a petition filed with the Board not later than 90 days before the date of such primary election, and signed by at least 250 persons, or by 1 per centum of persons (whichever is less, in the ward from which such individual seeks election) who are duly registered in such ward under § 1-1001.07 and who are of the same political party as the nominee.

(3) For the purpose of computing nominating petition signature requirements, the Board shall by noon on the 144th day preceding the election post and make available the exact number of qualified registered electors in the District by party, ward, and precinct, as provided in this subsection. The Board shall make available for public inspection, in the office of the Board, the entire list of registered electors upon which such count was based. Such list shall be retained by the Board until the period for circulating, filing, and challenging petitions has ended.

(4) A nominating petition for a candidate in a primary election for any such office may not be circulated for signature before the 144th day preceding the date of such election and may not be filed with the Board before the 115th day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions. The Board shall arrange the ballot of each political party in each such primary election as to enable a voter of such party to vote for nominated candidates of that party.

(j)(1) A duly qualified candidate for the office of Delegate, Chairman of the Council, member of the Council, Mayor, or Attorney General, may, subject to the provisions of this subsection, be nominated directly as such a candidate for election for such office (including any such election to be held to fill a vacancy). Such person shall be nominated by petition: (A) Filed with the Board not less than 90 days before the date of such general election; and (B) In the case of a person who is a candidate for the office of member of the Council (other than the Chairman or an at-large member), signed by 500 voters who are duly registered under § 1-1001.07 in the ward from which the candidate seeks election; and in the case of a person who is a candidate for the office of Delegate, Chairman of the Council, at-large member of the Council, Mayor, or Attorney General, signed by duly registered voters equal in number to 11/2 per centum of the total number of registered voters in the District, as shown by the records of the Board as of 144 days before the date of such election, or by 3,000 persons duly registered under § 1-1001.07, whichever is less. No signatures on such a petition may be counted which have been made on such petition more than 144 days before the date of such election.

(2) Nominations under this subsection for candidates for election in a general election to any office referred to in paragraph (1) of this subsection shall be of no force and effect with respect to any person whose name has appeared on the ballot of a primary election for that office held within 8 months before the date of such general election.

(3) No person shall be nominated directly as a candidate in any general election for the office of Delegate, Chairman of the Council, member of the Council, Mayor, Attorney General, United States Senator, or United States Representative who is registered to vote as affiliated with a party qualified to conduct a primary election.

(j-1) Notwithstanding any other provision of law, and pursuant to the June 4, 2014 Order of the District of Columbia Court of Appeals in Zukerberg v. D.C. Board of Elections and Ethics, et al., No. 14-CV-222, the Board shall conduct the 2014 election of the Attorney General consistent with the procedural requirements for a special election under this subchapter, and shall have the election of the Attorney General coincide with the November 4, 2014, general election.

(k)(1) In each general election for the office of member of the Council (other than the office of the Chairman or an at-large member), the Board shall arrange the ballots in each ward to enable a voter registered in that ward to vote for any 1 candidate who:

(A) Has been duly elected by any political party in the next preceding primary election for such office from such ward;

(B) Has been duly nominated to fill a vacancy in such office in such ward pursuant to § 1-1001.10(d); or

(2) In each general election for the office of Chairman and member of the Council at large, the Board shall arrange the ballots to enable a registered qualified elector to vote for as many candidates for election as members at large as there are members at large to be elected in such election, including the Chairman. Such candidates shall be only those persons who:

(A) Have been duly elected by any political party in the next preceding primary election for such office;

(B) Have been duly nominated to fill vacancies in such office pursuant to § 1-1001.10(d); or

(3) In each general election for the office of Delegate, Mayor, and Attorney General, the Board shall arrange the ballots to enable a registered qualified elector to vote for any 1 of the candidates for any such office who:

(A) Has been duly elected by any political party in the next preceding primary election for such office;

(B) Has been duly nominated to fill a vacancy in such office pursuant to § 1-1001.10(d), or, in the case of the Attorney General, pursuant to § 1-204.35(b); or

(l)(1) Designation of offices of local party committees to be filled by election pursuant to paragraph (4) of § 1-1001.01 shall be effected, in accordance with the provision of this subsection, by written communication signed by the chairperson of such committee and filed with the Board not later than 180 days before the date of such election.

(2) The notification shall specify separately:

(A) A comprehensive plan for the scheduled election;

(B) The titles of the offices and the total number of members to be elected at large, if any;

(D) The procedures to be followed in nominating and electing these members.

(3) Repealed.

(m) The election of the members of the State Board of Education shall be conducted on a nonpartisan basis and in accordance with this subchapter.

(n) Each candidate in a general or special election for member of the State Board of Education shall be nominated for such office by a nominating petition: (A) Filed with the Board not later than the 90th calendar day before the date of such general or special election; and (B) signed by at least 200 qualified electors who are duly registered under § 1-1001.07, who reside in the school district or ward from which the candidate seeks election, or in the case of a candidate running at large, signed by at least 1,000 of the qualified electors in the District of Columbia registered under such § 1-1001.07. A nominating petition for a candidate in a general or special election for member of the State Board of Education may not be circulated for signatures before the 144th day preceding the date of such election and may not be filed with the Board before the 115th day preceding such date. In a general or special election for members of the State Board of Education, the Board shall arrange the ballot for each ward to enable a voter registered in that ward to vote for any one candidate duly nominated to be elected to such office from such ward, and to vote for any one candidate duly nominated to be elected at large to such office.

(o)(1) The Board is authorized to accept any nominating petition for a candidate for any office as bona fide with respect to the qualifications of the signatures thereto if the original or facsimile thereof has been posted in a suitable public place for a 10-day period beginning on the third day after the filing deadline for nominating petitions for the office. Any registered qualified elector may within the 10-day period challenge the validity of any petition by written statement signed by the challenger and filed with the Board and specifying concisely the alleged defects in the petition. Any challenge shall be filed with the Board by 5:00 p.m. on the 10th day of the challenge period. A copy of the challenge shall be sent by the Board promptly to the person designated for the purpose in the nominating petition. In a special election to fill a vacancy in an Advisory Neighborhood Commission single-member district, the period prescribed in this paragraph for posting and challenge shall be 5 business days, excluding weekends and holidays.

(2) The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged nominating petition not more than 20 days after the challenge has been filed. Within 3 days after announcement of the determination of the Board with respect to the validity of the nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.

(2A) Repealed.

(3) For the purpose of verifying a signature on any petition filed pursuant to this section, the Board shall first determine if the address on the petition is the same as the address shown of the signer’s voter registration record. If the address is different than the address which appears on the signer’s registration record, the address shall be deemed valid if:

(A) The signer’s current address is within the single member district for an Advisory Neighborhood Commission election, within the school district for a school board election, within the ward for a ward-wide election, or within the District of Columbia for an at-large election; and

(B) The signer files a change of address form with the Board by no later than 5:00 p.m. on the 10th day after the day the candidate receives notice of the challenge.

(p) In any election, the order in which the names of the candidates for office appear on the ballot shall be determined by lot, upon a date or dates and under regulations prescribed by the Board.

(q) Any petition required to be filed under this subchapter by a particular date must be filed no later than 5:00 p.m. on such date.

(r)(1) In any primary, general, or special election held in the District of Columbia to nominate or elect candidates to public office, a voter may cast a write-in vote for a candidate other than those who have qualified to appear on the ballot.

(2) To be eligible to receive the nomination of a political party for public office, a write-in candidate shall be a duly registered member of the party nominated and shall meet all the other qualifications required for election to the office and shall declare the candidate's candidacy not later than 5:00 p.m. on the third day immediately following the date of the election on a form or forms prescribed by the Board.

(3) To be eligible for election to public office, a write-in candidate shall be a duly registered elector and shall meet all of the other qualifications required for election to the office and shall declare the candidate's candidacy not later than 5:00 p.m. on the seventh day immediately following the date of the election in which the candidate was a candidate on a form or forms prescribed by the Board.

(4) In party office elections, write-in voting provisions may also be subject to the party rules.

(s) The Board shall submit to the Mayor and Council a feasibility study of mail-ballot voting procedures, within 6 months after October 21, 2000. The study shall outline the advantages and disadvantages of mail-ballot procedures and recommend whether mail-ballot procedures should be implemented in District of Columbia elections. The study shall include an analysis of the following issues and topics that the Board deems appropriate:

(1) Administration and logistics;

(2) Ballot integrity and electoral fairness;

(3) Voter turnout;

(4) Cost;

(5) Applicability to special elections and regularly scheduled elections; and

(6) The experiences of other jurisdictions that have used mail-ballot procedures.

(Aug. 12, 1955, 69 Stat. 701, ch. 862, § 8; Oct. 4, 1961, 75 Stat. 818, Pub. L. 87-389, § 1 (12, 13); Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(5); Sept. 22, 1970, 84 Stat. 849, Pub. L. 91-405, title II, §§ 203(b), 205(b), (e)(2), (f); ; Dec. 23, 1971, 85 Stat. 790, Pub. L. 92-220, § 1(9)-(16), (32)-(34); Aug. 14, 1973, 87 Stat. 312, Pub. L. 93-92, § 1(8)-(14); Dec. 24, 1973, 87 Stat. 833, Pub. L. 93-198, title VII, § 751(3); Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Sept. 2, 1976, D.C. Law 1-79, title I, § 102(7)-(12), 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title III, § 301(j), title IV, § 402, 24 DCR 2372; Mar. 16, 1982, D.C. Law 4-88, § 2(f), (o)-(s), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(c), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(d), 30 DCR 3196; Mar. 16, 1988, D.C. Law 7-92, § 3(h)-(k), 35 DCR 716; Dec. 10, 1991, D.C. Law 9-49, § 2(a), 38 DCR 6572; Mar. 11, 1992, D.C. Law 9-75, § 2(c), 39 DCR 310; Sept. 22, 1994, D.C. Law 10-173, § 2(c), 41 DCR 5154; Mar. 23, 1995, D.C. Law 10-254, § 3, 42 DCR 758; April 5, 2000, D.C. Law 13-78, § 2, 46 DCR 10440; July 18, 2000, D.C. Law 13-149, § 5(a), 47 DCR 4639; Oct. 21, 2000, D.C. Law 13-177,§ 2, 47 DCR 6842; Oct. 2, 2001, D.C. Law 14-26, § 2, 48 DCR 6344; Oct. 13, 2001, D.C. Law 14-30, § 2, 48 DCR 7087; Oct. 26, 2001, D.C. Law 14-43, § 2, 48 DCR 7631; Mar. 13, 2004, D.C. Law 15-105, § 24, 51 DCR 881; Dec. 7, 2004, D.C. Law 15-211, § 3, 51 DCR 8805; June 5, 2012, D.C. Law 19-137, § 201(a)(2), 59 DCR 2542; Oct. 17, 2013, D.C. Law 20-31, § 2(b), 60 DCR 11535; Dec. 13, 2013, D.C. Law 20-60, § 301(a), 60 DCR 15487; Dec. 17, 2014, D.C. Law 20-143, § 2, 61 DCR 8057; Feb. 26, 2015, D.C. Law 20-155, § 1162, 61 DCR 9990; Mar. 3, 2015, D.C. Law 20-167, § 2(c), 61 DCR 10738; May 2, 2015, D.C. Law 20-273, § 2(c), 62 DCR 1938; Mar. 16, 2021, D.C. Law 23-192, § 2(g), 68 DCR 001073; Apr. 6, 2023, D.C. Law 24-342, § 3(f), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1312.

1973 Ed., § 1-1108.

Section References

This section is referenced in § 1-1001.05, § 1-1001.07, § 1-1001.09, § 1-1001.16, § 1-1001.17, and § 16-801.

Effect of Amendments

D.C. Law 13-78, in subsec. (d), rewrote the first sentence, which previously read: “Each political party who has had its candidate elected as President of the United States after January 1, 1950, shall be entitled to nominate candidates for presidential electors.”

D.C. Law 13-149 rewrote subsec. (m), which formerly read:

“(1) Except in the case of the 3 members of the Board of Education elected at large, the members of the Board of Education shall be elected by the duly registered voters of the respective wards of the District from which the members have been nominated.

“(2) In the case of the 3 members of the Board of Education elected at large, each such member shall be elected by the duly registered voters of the District.”;

and in subsec. (n), substituted “school district” for “ward” wherever appearing.

Section 7 of D.C. Law 13-149 provided: “This act shall apply upon the effective date of the School Governance Charter Amendment Act of 2000.”

D.C. Law 13-177 added subsec. (s).

D.C. Law 14-26, in subsec. (b)(1), repealed pars. (B) and (C) which had read:

“(B) No person shall hold elected office pursuant to this section if he or she, in the case of the Mayor, Council Chairman, Council members, Board of Education members, and any other non-judicial office existing or to be created except those of Advisory Neighborhood Commissioner, Delegate from the District of Columbia, Shadow Representative, and Shadow Senator, has held that same office for 2 consecutive terms.

“(C) For purposes of this paragraph:

“(i) Any terms served previous to the adoption of the Term Limits Initiative of 1995 will not count in determining length of service; and

“(ii) Service of more than 1/2 of a term shall count as a full term.”

D.C. Law 14-30, in subsec. (b), rewrote par. (3) and added par. (4). Prior to amendment, par. (3) read as follows: “(3) Any circulator who willfully violates any provision of this section shall, upon conviction thereof, be subject to a fine of not more than $10,000 or to imprisonment of not more than 6 months, or both. Each occurrence of a violation of this section shall constitute a separate offense. Violation of this section shall be prosecuted in the name of the District of Columbia by the Corporation Counsel of the District of Columbia.”

D.C. Law 14-43 rewrote subsec. (o)(3) which had read as follows: “(3) For the purpose of verifying a signature on any petition filed pursuant to this section, the Board shall first determine that the address on the petition is the same as the residence shown on the signer’s voter registration record. If the address is different, the signature shall not be counted as valid unless the Board’s records show that the person was registered to vote from the address listed on the petition at the time the person signed the petition.”

D.C. Law 15-105, in subsec. (o)(3), validated previously made technical corrections.

D.C. Law 15-211 inserted “or ward” following “school district” in subsec. (n).

D.C. Law 19-137, in subsec. (a)(1)(B), substituted “90th day” for “69th day”; in subsec. (f), substituted “as shown by the records of the Board as of the 144th day before the date of the presidential election, is presented to the Board on or before the 90th day before the date of the presidential election” for “as of July 1st of the year in which the election is to be held is presented to the Board on or before the third Tuesday in August preceding the date of the presidential election”; in subsecs. (i)(1)(A), (2), (j)(1)(A), substituted “90 days” for “69 days”; in subsecs. (i)(1)(B), (3), substituted “144th day” for “123rd day”; in subsec. (i)(4), substituted “144th day” preceding the date of such election and may not be filed with the Board before the 115th day”; for “123rd day preceding the date of such election and may not be filed with the Board before the 94th day”; in subsec. (j)(1)(B), substituted “144 days” for “123 days”; in subsec. (n), substituted “90th calendar day” for “69th calendar day” and substituted “144th day preceding the date of such election and may not be filed with the Board before the 115th day” for “123rd day preceding the date of such election and may not be filed with the Board before the 94th day”; and, in subsec. (o)(2), substituted “20 days” for “15 days”.

The 2013 amendment by D.C. Law 20-31 rewrote (b)(2), which read: “Only registered, qualified electors of the District of Columbia are authorized to circulate nominating petitions of candidates for elected office pursuant to this subchapter. The Board shall consider invalid the signatures on any petition sheet which was circulated by a person who, at the time of circulation, was not a registered, qualified elector of the District of Columbia.”

The 2013 amendment by D.C. Law 20-60 rewrote the section heading; added (b)(1)(d); substituted “Delegate, Chairman of the Council, member of the Council, Mayor, or Attorney General” for “Delegate, Mayor, Chairman of the Council, or member of the Council” in (d); and rewrote (h), (i), (j), and (k)(3).

The 2014 amendment by D.C. Law 20-143 substituted “is a qualified petition circulator” for “is a registered voter” near the end of the introductory language in (b)(3).

The 2015 amendment by D.C. Law 20-155 added (j-1).

The 2015 amendment by D.C. Law 20-167 substituted “State Board of Education” for “Board of Education” in the section heading and in (m) and (n).

The 2015 amendment by D.C. Law 20-273 substituted “not later than 4:45 p.m. on the day following the date of the election” for “not later than 4:45 p.m. on the third day immediately following the date of the election” in (r)(2); and substituted “not later than 4:45 p.m. on the third day immediately following the date of the election” for “not later than 4:45 p.m. on the seventh day immediately following the date of the election” in (r)(3).

Cross References

Advisory Neighborhood Commissions, elections, see § 1-309.05 et seq.

Emergency Legislation

For temporary (90 days) , see § 2(c) of General Election Preparations Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-422, Oct. 26, 2020, 67 DCR 12827).

For temporary (90 days) amendment of this section, see § 804(d) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 2(d) of General Election Preparations Emergency Amendment Act of 2020 (D.C. Act 23-382, Aug. 13, 2020, 67 DCR 9865).

For temporary (90 days) amendment of this section, see § 804(d) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 804(d) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90-day) amendment of section, see § 2 of the Extension of the Nominating Petition Time Emergency Amendment Act of 2000 (D.C. Act 13-377, July 10, 2000, 47 DCR 5853).

For temporary (90 day) amendment of section, see § 2 of the Extension of the Nominating Petition Time Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-452, November 7, 2000, 47 DCR 9403).

For temporary (90 day) amendment of section, see § 2 of Presidential Elector Deadline Waiver Emergency Amendment Act of 2003 (D.C. Act 15-98, June 20, 2003, 50 DCR 5476).

For temporary (90 day) amendment of section, see § 2 of Presidential Elector Deadline Waiver Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-148, September 22, 2003, 50 DCR 8356).

For temporary (90 day) amendment of section, see § 2 of Presidential Elector Deadline Waiver Second Emergency Amendment Act of 2004 (D.C. Act 15-451, June 23, 2004, 51 DCR 6720).

For temporary (90 day) amendment of section, see § 3 of Board of Education Continuity and Transition Emergency Amendment Act of 2004 (D.C. Act 15-465, June 30, 2004, 51 DCR 6997).

For temporary (90 day) amendment of section, see § 3 of Board of Education Continuity and Transition Congressional Review Emergency Act of 2004 (D.C. Act 15-533, October 4, 2004, 51 DCR 9628).

For temporary (90 day) amendment of section, see § 3 of Board of Education Continuity and Transition Second Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-659, December 29, 2004, 52 DCR 1434).

For temporary (90 day) amendment of section, see § 201(a)(2) of Comprehensive Military and Overseas Voters Accommodation Emergency Act of 2011 (D.C. Act 19-230, November 16, 2011, 58 DCR 9942).

For temporary (90 day) amendment of section, see § 201(a)(2) of Comprehensive Military and Overseas Voters Accommodation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-310, February 22, 2012, 59 DCR 1688).

For temporary amendment of (b)(2), see § 2(a) of the Board of Elections Petition Circulation Requirements Emergency Amendment Act of 2012 (D.C. Act 19-587, January 7, 2013, 60 DCR 977).

For temporary (90 days) amendment of this section, see § 2(a) of the Election Code Conforming Emergency Act of 2013 (D.C. Act 20-143, July 31, 2013, 60 DCR 11799, 20 DCSTAT 1990).

For temporary (90 days) amendment of this section, see § 2 of the Board of Elections Nominating Petition Circulator Affidavit Emergency Amendment Act of 2013 (D.C. Act 20-209, November 7, 2013, 60 DCR 15779).

For temporary (90 days) amendment of this section, see § 2(a) of the Party Officer Elections Emergency Amendment Act of 2013 (D.C. Act 20-210, November 7, 2013, 60 DCR 15781).

For temporary (90 days) amendment of this section, see §§ 2(a) and 3 of the Party Officer Elections Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-286, February 20, 2014, 61 DCR 1606).

For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Board of Elections Nominating Petition Circulator Affidavit Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-287, February 20, 2014, 61 DCR 1608).

For temporary (90 days) amendment of this section, see § 1162 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 2 of the Board of Elections Nominating Petition Circulator Affidavit Second Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-428, Oct. 3, 2014, 61 DCR 10702, 20 STAT 4148).

For temporary (90 days) amendment of this section, see § 1162 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1162 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(c) of the Special Election Reform Emergency Amendment Act of 2014 (D.C. Act 20-617, Jan. 28, 2015, 62 DCR 1908, 21 STAT 794).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(d) of General Election Preparations Temporary Amendment Act of 2020 (D.C. Law 23-167, Dec. 23, 2020, 67 DCR 13022).

For temporary (225 days) amendment of this section, see § 804(d) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 day) amendment of section, see § 2 of the Extension of the Nominating Petition Time Temporary Amendment Act of 2000 (D.C. Law 13-181, October 21, 2000, law notification 47 DCR 8971).

For temporary (225 day) amendment of section, see § 2 of the Presidential Elector Deadline Waiver Temporary Amendment Act of 2003 (D.C. Law 15-36, October 28, 2003, law notification 50 DCR 9489).

For temporary (225 day) amendment of section, see § 2 of the Presidential Elector Deadline Waiver Second Temporary Amendment Act of 2004 (D.C. Law 15-200, December 7, 2004, law notification 52 DCR 444).

For temporary (225 day) amendment of section, see § 3 of the Board of Education Continuity and Transition Temporary Amendment Act of 2004 (D.C. Law 15-204, December 7, 2004, law notification 52 DCR 448).

Section 201(a)(2) of D.C. Law 19-88, in subsec. (a)(1)(B), substituted “90th day” for “69th day”; in subsec. (f), substituted “as shown by the records of the Board as of the 144th day before the date of the presidential election, is presented to the Board on or before the 90th day before the date of the presidential election” for “as of July 1st of the year in which the election is to be held is presented to the Board on or before the third Tuesday in August preceding the date of the presidential election”; in subsecs. (i)(1)(A), (2), and (j)(1)(A), substituted “90th day” for “69th day”; in subsecs. (i)(1)(B), (3), substituted “144th day” for “123rd day”; in subsec. (i)(4), substituted “144th day preceding the date of such election and may not be filed with the Board before the 115th day” for “123rd day preceding the date of such election and may not be filed with the Board before the 94th day”; in subsec. (j)(1)(B), substituted “144 days” for “123 days”; in subsec. (n), substituted “90th calendar day” for “69th calendar day” and substituted “144th day preceding the date of such election and may not be filed with the Board before the 115th day” for “123rd day preceding the date of such election and may not be filed with the Board before the 94th day”; and, in subsec. (o)(2), substituted “20 days” for “15 days”.

Section 302(b) of D.C. Law 19-88 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) amendment of this section, see § 2(a) of the Party Officer Elections Temporary Amendment of 2013 (D.C. Law 20-72, February 22, 2014, 61 DCR 30).

For temporary (225 days) amendment of this section, see § 2 of the Board of Elections Nominating Petition Circulator Affidavit Temporary Amendment Act of 2013 (D.C. Law 20-74, February 22, 2014, 61 DCR 34).

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Purpose of Law 10-254: Section 2 of Initiative Measure 49 provided that the purpose of the act is to promote a citizen government by fostering increased competition through rotation in office and to prevent the establishment of entrenched incumbency at all levels of government.

Section 3(a) of D.C. Law 17-156 amended this section subject to congressional enactment of section 2 of D.C. Law 17-156. As of the publication of this note, congress has not enacted section 2 of D.C. Law 17-156.

Applicability of D.C. Law 20-60: Section 401(b) of 20-60 provided that § 301 of the act shall apply as of December 13, 2013.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1001.09. Secrecy required; place of voting; watchers; challenged ballots; assistance in marking ballot or operating voting machine; more than 1 vote prohibited; unopposed candidates; availability of regulations at Vote Centers; deposit, inspection, and destruction of ballots.

(a) Voting in all elections shall be secret.

(a-1) The District of Columbia Public Schools system shall be closed to instruction on election day for District primary and general elections in order to facilitate voting in its facilities, beginning with the 2024 primary election.

(b)(1) Repealed.

(2) The Board shall permit any duly registered voter to vote by mail-in ballot, for any reason, under such rules as the Board may issue.

(3) Repealed.

(4) The Board shall permit a registered qualified elector to vote at any Vote Center, regardless of the registered qualified elector's current residence address within the District.

(b-1)(1) For each primary and general election, the Board shall designate no fewer than 8 Vote Centers to be used for early voting, with at least one early Vote Center available in a central location within each election ward.

(2) At each Vote Center used for early voting, the Board shall allow persons to vote in person for a period of not more than 12 days before election day; provided, that no early voting shall occur on a holiday.

(3) The Department of General Services shall assist the Board in identifying appropriate locations for Vote Centers to be used for early voting.

(4) The Chief Technology Officer shall assist the Board in ensuring that each Vote Center to be used for early voting maintains a secure network environment with the Board’s office.

(5) Repealed.

(6) The Board shall issue rules implementing this subsection.

(b-2) The Board may provide blank ballots by fax, e-mail, or other electronic means to absent uniformed services voters and overseas voters in federal elections.

(c) Any candidate or group of candidates may, not less than 2 weeks prior to such election, petition the Board for credentials authorizing watchers at 1 or more Vote Centers and at the place or places where the vote is to be counted for the next election during voting hours and until the count has been completed. The Board shall formulate rules and regulations not inconsistent with this subchapter to prescribe the form of watchers’ credentials, to govern the conduct of such watchers, and to limit the number of watchers so that the conduct of the election will not of the election will not be unreasonably obstructed. Such rules and regulations should provide fair opportunity for watchers for all candidates or groups of candidates to challenge prospective voters whom the watchers believe to be unqualified to vote, to question the accuracy in the vote count, and otherwise to observe the conduct of the election at the Vote Center and the counting of votes.

(c-1) The Board shall issue rules for granting access to the electoral process, including access to Vote Centers, ballot tabulation centers, and other similar locations, to election observers. The rules shall consider the need to avoid disruption and crowding in Vote Centers and ballot tabulation centers and the need to ensure that all questions posed by observers should be answered as fully, accurately, and cooperatively as possible. Election observers shall be allowed uniform and nondiscriminatory access to all stages of the election process, including the certification of election technologies, early and mail-in voting, and vote tabulation. The Board shall issue a public notice with respect to any denial of a request by any election observer for access to any Vote Center for purposes of observing an election. The notice shall be issued not later than 24 hours after the denial.

(d)(1) A registered voter may challenge another voter’s status as a qualified elector of the District of Columbia by stating in writing the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge. The challenger shall sign an affidavit, declaring under penalty of perjury, that the challenge is based upon substantial evidence which the challenger believes in good faith shows that the person challenged is not a qualified elector of the District. After receiving a challenge or making a challenge, the site coordinator or other official in charge of the Vote Center shall give the challenged voter an opportunity to respond.

(2) Notwithstanding paragraph (1) of this subsection, a voter shall not be challenged solely on the basis of characteristics or perceived characteristics not directly related to the challenged voter’s status as a registered qualified elector, including race, color, religion, sex, personal appearance, sexual orientation, gender identity or expression, matriculation status, political affiliation, or physical disability. The Board may remove a site coordinator or void the credentials of an authorized watcher, or refer the matter for prosecution as a violation of § 1-1001.12, if the Board determines that the site coordinator or the watcher has violated the provisions of this paragraph.

(3) The site coordinator shall review the evidence presented and shall affirm the challenge if the site coordinator finds 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. The site coordinator shall deny the challenge if the site coordinator finds that the challenge is not based on substantial evidence that is specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector. The site coordinator shall record the decision and the rationale for the decision on a form provided by the Board.

(4) If the site coordinator denies the challenge, the site coordinator 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 of the site coordinator's decision to deny the challenge shall be made either before the challenged voter casts a regular ballot, or before either the challenger or the challenged voter leaves the Vote Center, whichever is earlier. If the challenger does not appeal the site coordinator's decision to deny the challenge, the challenged voter shall cast a regular ballot.

(5) If the challenger appeals the site coordinator's decision to deny the challenge, the site coordinator shall state the facts of the case to the Board’s hearing officer, who is authorized to rule on the appeal for the Board. A Board member, the Board’s Executive Director, or the Board’s chief voter registration official may serve as the Board’s hearing officer for the appeal. The site coordinator shall contact the hearing officer by telephone. The hearing officer shall ensure that the hearing is recorded, and shall take testimony under oath from the challenger, the person challenged, the site coordinator, and any witnesses to the challenge who wish to testify. Each person who testifies before the hearing officer shall state for the record their:

(A) Name as recorded on the Board’s voter registration list;

(B) Residence address, mailing address, and telephone number; and

(6) The hearing officer shall receive evidence and testimony pursuant to paragraph (5) of this subsection and then shall close the hearing. The hearing officer shall review all of the evidence presented pertaining to the challenge and make a decision regarding the appeal, based on the hearing officer's 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 recording of the hearing shall be transcribed and shall serve as the official case record along with the written documentation of the site coordinator's initial decision to deny the challenge.

(7) The hearing officer shall notify the site coordinator of the hearing officer's decision on the appeal of the unsuccessful challenge, and the site coordinator shall notify each party of the hearing officer's decision. If the hearing officer affirms the site coordinator's decision to deny the challenge, the challenged voter shall cast a regular ballot. The site coordinator shall inform the challenger of the challenger's right to appeal the decision of the Board hearing officer to the Superior Court of the District of Columbia. If the hearing officer overturns the site coordinator's decision to deny the challenge, the challenged voter shall be allowed to vote only by casting a paper ballot marked "challenged" in accordance with the procedures set forth in paragraph (8) of this subsection.

(8) If the site coordinator affirms the challenge made at the Vote Center, or if the Board's hearing officer overturns the decision of the site coordinator to deny a challenge, the site coordinator shall allow the person to vote only by casting a paper ballot marked "challenged" and shall provide the voter with written notification of the voter's right of appeal pursuant to subsection (e) of this section. Challenged ballots shall be segregated, and no challenged ballot shall be counted until the challenge has been removed pursuant to subsection (e) of this section. The site coordinator shall not allow the challenged voter to cast a "challenged" ballot unless the voter signs an affidavit swearing or affirming, under penalty of perjury, that the voter is a qualified registered elector in the District of Columbia who resides in the precinct for which the ballot is to be cast, and if applicable, the Advisory Neighborhood Commission single-member district in which the ballot is to be cast.

(d-1) Any individual who alleges that their name has been erroneously omitted from the list of registered voters, or alleges that their name, address or party affiliation is erroneously printed on the list of registered voters, shall be permitted to cast a ballot. Ballots so cast shall be placed in a sealed envelope. The outside of the envelope shall contain the signature of the voter and such information as the Board deems necessary to determine that the individual is qualified to have the vote counted. The official in charge of the Vote Center shall provide the voter with written notification of appeal rights as provided in subsection (e) of this section, should the Board determine that the voter is not qualified to vote in the election.

(d-2) Any individual who votes in a federal election as a result of a court order or other order that extends the time established for closing the polls by a District law in effect 10 days before the date of that election shall vote in that election by casting a special ballot. Any ballot cast under this subsection shall be separated and held apart from other special ballots not affected by the order.

(e)(1) A voter’s signing of a challenged or special ballot envelope shall be deemed as the filing of an appeal by the voter of the refusal by the Board’s chief voter registration official to permit the voter to vote during early voting or on election day 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. The Board shall review all available evidence pertaining to the eligibility of each voter casting a challenged or special ballot, and shall make a preliminary decision about whether to count or to reject each challenged or special ballot based on its review of the available evidence.

(2) The Board shall maintain a toll-free telephone service during regular business hours for any person who has voted by a challenged or special ballot to learn the Board’s preliminary decision whether to count or reject the person's ballot and the reason for each decision.

(3) If the Board has made a preliminary determination that a challenged ballot shall not be counted, it shall afford the challenged voter an opportunity to contest that determination in a hearing before the Board. The hearings authorized pursuant to this paragraph shall take place no earlier than 8 days and no later than 10 days after that election. The Board shall inform the voter of the date scheduled for the hearing and the manner by which the voter may learn the Board's final decision to count or reject the voter's challenged ballot. The notice shall be in writing and shall be provided to the voter at the time of voting. At the hearing, the voter may appear and testify. The Board shall make a final determination within one day after the date of the hearing. The voter may appeal the decision of the Board to the Superior Court of the District of Columbia within one business day after the date of the Board's decision. The decision of the court shall be final and not appealable.

(4) If the Board has determined that a special ballot shall not be counted, it shall afford the voter an opportunity to contest that determination in a hearing held before the Board no earlier than 8 days and no later than 10 days after any election held pursuant to this subchapter. The Board shall inform the voter in writing, at the time of voting, of the date scheduled for the hearing and the manner by which the voter may learn whether the Board has decided to count or reject the voter's special ballot. The Board shall make a final determination within one day after the date of the hearing. The voter may appeal the decision of the Board to the Superior Court of the District of Columbia within one business day after the date of the Board's decision. The decision of the court shall be final and not appealable.

(f) If a qualified elector is unable to record the qualified elector's vote by marking the ballot or operating the voting machine an official of the Vote Center shall, on the request of the voter, enter the voting booth and comply with the voter’s directions with respect to recording the qualified elector's vote. Upon the request of any such voter, a second official of the Vote Center shall also enter the voting booth and witness the recordation of the voter’s directions. The official or officials shall in no way influence or attempt to influence the voter’s decisions, and shall tell no one how the voter voted. The official in charge of the voting place shall make a return of all such voters, giving their names and disabilities.

(g)(1) No person shall vote more than once in any election nor shall any person vote in a primary or party election held by a political party other than that to which the person has declared themselves to be a member.

(2) A name written on a ballot in any election shall not be counted as valid unless the individual whose name is written on the ballot has complied with the requirements of § 1-1001.08(r).

(h) In the event that the total number of candidates of one party nominated to an office or group of offices of that party pursuant to § 1-1001.08(a) does not exceed the number of such offices to be filled, the Board may, prior to election day and, notwithstanding the provisions of § 1-1001.08(c), declare the candidates so nominated to be elected without opposition, in which case the fact of their election pursuant to this subsection shall appear for the information of the voters on any ballot prepared by the Board for their party for the election of other candidates in the same election.

(i) Copies of the regulations of the Board with respect to voting shall be made available to prospective voters at each Vote Center.

(j) The Board shall receive the ballots cast and deposit them in a secure place where they shall be safely kept for 22 months. Inspection of such ballots shall be made in accordance with regulations of the Board. Whenever the ballots shall have remained in the custody of the Board for 22 months, and no election contest or other proceeding is pending in which the ballots may be needed as evidence, the Board may destroy such ballots.

(j-1) Upon the conclusion of voting at any Vote Center, the Board shall post a summary count of votes cast at the Vote Center. The summary shall be posted in a conspicuous place that can be seen from the outside of the Vote Center immediately upon completion of voting.

(j-2) Site coordinators shall prepare a summary log that indicates the number of:

(1) Votes cast in a Vote Center;

(2) Persons who have signed in;

(3) Voter-verifiable records that arrived at [a] Vote Center before the polls opened;

(4) Used voter-verifiable records; and

(5) Unused voter-verifiable records.

(k)(1) Each voting system used in an election in the District occurring after January 1, 2012, 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.), 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; and

(D) Meet any additional standards established by the Board; provided, that the standards shall not conflict with those set forth in the Help America Vote Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S.C. § 15301 et seq.).

(2) The voter-verifiable record shall be permanent and capable of being inspected for the purpose of audits and recounts. A voter-verifiable record need not be a paper ballot. A satisfactory voter-verifiable record shall include:

(A) A paper ballot prepared by the voter for the purpose of being read by a precinct-based optical scanner;

(B) A paper ballot prepared by the voter to be mailed, whether mailed from a domestic or an overseas location; and

(3) The Board shall adopt voting system standards and review the standards on a biennial basis.

(l) The Board, through the Office of Contracting and Procurement, shall purchase voting system equipment under a competitive-bidding procedure that includes the following conditions:

(1) A provision to place a copy of the software source code for the voting system, and related documents, in escrow with an independent third-party evaluator selected by the vendor and the Board;

(2) A warranty provision that requires that the vendor:

(A) Promptly and fully disclose any flaw, defect, or vulnerability in the voting system of which the vendor is aware or becomes aware; and

(B)(i) Remedy any flaw, defect, or vulnerability in the voting system identified in subparagraph (A) of this paragraph at no cost to the District; or

(ii) If the flaw, defect, or vulnerability in the voting system cannot be remedied:

(I) Replace the voting system or the affected part of the voting system or provide an equivalent voting system at no cost to the District; or

(II) Reimburse the District for the full purchase price of the voting system or for the value of the affected part of the voting system, plus any costs incurred by the District as a result of the flaw, defect, or vulnerability;

(3) A most-favored customer provision that ensures that the District receive pricing terms that are at least as favorable as those received by any other customer, except for the federal government, during the term of the contract and during any extensions or renewals of the contract; and

(4) A provision that incorporates the requirements of § 1-1001.09a(k).

(Aug. 12, 1955, 69 Stat. 702, ch. 862, § 9; Oct. 4, 1961, 75 Stat. 819, Pub. L. 87-389, § 1(14, 15, 16, 17); July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Apr. 22, 1968, 82 Stat. 104, Pub. L. 90-292, § 4(6); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Sept. 22, 1970, 84 Stat. 853, Pub. L. 91-405, title II, § 205(c), (d), (g), (h), (l); Dec. 23, 1971, 85 Stat. 792, Pub. L. 92-220, § 1(17); Aug. 14, 1973, 87 Stat. 313, Pub. L. 93-92, § 1(15); Dec. 16, 1975, D.C. Law 1-37, § 2(6), (7), 22 DCR 3430; Apr. 23, 1977, D.C. Law 1-126, title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(g), (n), (p), (q), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(d), 29 DCR 2064; June 29, 1984, D.C. Law 5-96, § 2, 31 DCR 2554; Mar. 16, 1988, D.C. Law 7-92, § 3(l), 35 DCR 716; Mar. 11, 1992, D.C. Law 9-75, § 2(d), 39 DCR 310; Feb. 5, 1994, D.C. Law 10-68, § 7(b), 40 DCR 6311; Sept. 22, 1994, D.C. Law 10-173, § 2(d), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(c), 42 DCR 1547; Apr. 9, 1997, D.C. Law 11-255, § 6(a), 44 DCR 1271; Apr. 3, 2001, D.C. Law 13-251, § 2(b), 48 DCR 668; Dec. 7, 2004, D.C. Law 15-218, § 2(d), 51 DCR 9132; Apr. 24, 2007, D.C. Law 16-305, § 6(b), 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 4(b), 55 DCR 3696; Feb. 4, 2010, D.C. Law 18-103, § 2(f), 56 DCR 9169; Mar. 31, 2011, D.C. Law 18-330, § 2(b), 58 DCR 20; May 31, 2012, D.C. Law 19-131, § 2(b), 59 DCR 2389; Sept. 26, 2012, D.C. Law 19-171, § 11, 59 DCR 6190; May 2, 2015, D.C. Law 20-273, § 2(d), 62 DCR 1938; Feb. 18, 2017, D.C. Law 21-208, § 2(b), 63 DCR 15285; Dec. 24, 2019, D.C. Law 23-36, § 2(b), 66 DCR 14304; Mar. 16, 2021, D.C. Law 23-192, § 2(h), 68 DCR 001073; Apr. 6, 2023, D.C. Law 24-342, § 3(g), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1313.

1973 Ed., § 1-1109.

Section References

This section is referenced in § 1-1001.07, § 1-1001.14, and § 1-1001.17.

Effect of Amendments

D.C. Law 13-251 rewrote subsecs. (d) and (e) which had read:

“(d) If the official in charge of the polling place, after hearing both parties to any such challenge or acting on his or her own initiative with respect to a prospective voter, reasonably believes the prospective voter is unqualified to vote, he or she shall allow the voter to cast a paper ballot marked ‘challenged’, and shall provide the prospective voter with written notification of his or her rights of appeal as provided in subsection (e) of this section. Ballots so cast shall be segregated, and no such ballot shall be counted until the challenge has been removed as provided in subsection (e) of this section; provided, however, that the official in charge of the polling place shall not allow the prospective voter to cast a ‘challenged’ ballot unless such voter:

“(1) Signs an affidavit under penalty of perjury, that he or she is a registered qualified elector in the District; and

“(2) Provides identification indicating that he or she is a resident of the precinct in which the ballot is to be cast.

“(e) 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 chief voter registration official to permit the voter to vote on election day 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. No earlier than 8 days and not later than 10 days after the date of any election held under this subchapter, the Board shall conduct a hearing on the petition of any voter who cast a challenged or special ballot in the election to have that voter’s vote counted in the same manner as all other ballots cast in that election. The Board shall inform the voter of the dates scheduled for the hearings and the manner by which the voter may learn whether the Board has decided to count or reject the voter’s challenged or special ballot. The notice shall be in writing and shall be provided to the voter at the time of voting. No later than the second Wednesday following the election, the Board shall cause to be placed in its main office, in the main public library, and at least 1 branch public library located in each ward, an alphabetical list of those persons whose challenged or special ballots have been rejected with the reason or reasons for the rejection. The Board shall publish notice of the availability of the list in at least one newspaper of general circulation on the Tuesday following the date of the election. In addition, not later than the Tuesday following the election, during regular business hours, the Board shall maintain a telephone service by which any voter who has voted a special or challenged ballot may learn whether the challenged or special ballot will be counted or has been rejected. At the hearing, the petitioner may appear and give testimony on the question of the decision not to count the challenged or special ballot. The Board shall make a determination within 2 days after the date of the hearing. Any aggrieved party may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the date of the Board’s decision. The decision of the Court in any such case shall be final and not appealable.”

D.C. Law 15-218 added subsecs. (d-2) and (k) and rewrote pars. (2) and (3) of subsec. (e) which had read:

“(2) No later than the second Wednesday following the election, the Board shall cause to be displayed in its main office, on its Internet site, in the main public library, and at least one public library in each ward, an alphabetical list of persons who cast a challenged or special ballot and the Board’s preliminary decision to count or reject each ballot, with the reasons for each decision. The Board shall publish notice of the availability of the list in at least one newspaper of general circulation on the Tuesday following the election. Not later than the Tuesday following the election, during regular business hours, the Board shall maintain a telephone service by which any voter who has voted a challenged or special ballot may learn of the Board’s preliminary decision to count or reject his or her ballot along with the reason or reasons for each decision.

“(3) If the Board has made a preliminary determination that a challenged ballot shall not be counted, it shall afford the challenged voter an opportunity to contest that determination in a hearing before the Board. If the Board has made a preliminary determination that a challenged ballot shall be counted, it shall afford the challenger an opportunity to contest that determination in a hearing before the Board. The hearings authorized pursuant to this subsection shall take place not earlier than 8 days and not later than 10 days after any election held pursuant to this subchapter. The Board shall inform the voter and the challenger of the date scheduled for the hearings and the manner by which they may learn of the Board’s final decision to count or reject the voter’s challenged ballot. The notice shall be in writing and shall be provided to both parties at the time of voting. At the hearing, the voter and the challenger may appear and give testimony on the decision whether to count the challenged ballot. The Board shall make a final determination within 2 days after the date of the hearing. Any aggrieved party may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the date of the Board’s decision. The decision of the court shall be final and not appealable.”

D.C. Law 16-305, in subsec. (d)(2), substituted “disability” for “handicap”.

D.C. Law 17-177, in subsec. (d)(2), substituted “sexual orientation, gender identity or expression” for “sexual orientation”.

D.C. Law 18-103, in subsec. (b)(1), substituted “in paragraphs (2) and (3)” for “in paragraph (2)”; rewrote subsecs. (b)(2) and (k); added subsecs. (b)(3), (b-1), (b-2), (c-1), (j-1), (j-2), and (l); and, in subsec. (j), substituted “22 months” for “12 months”.

D.C. Law 18-330 rewrote subsecs. (b-1)(1) and (2).

D.C. Law 19-131, in subsec. (b)(1), substituted “each registered qualified elector shall cast his or her vote in the voting precinct that serves his or her current residence address” for “the vote of a person who is a registered qualified elector of the District shall be valid only if the vote is cast in the voting precinct that serves his or her current residence address”; in subsec. (b)(3), substituted “all contests for which the elector would have been eligible to cast votes had he or she cast a vote in the correct voting precinct” for “federal election contests and for any District-wide election contests”; and, in subsec. (b-1)(1), substituted “no fewer than 4 early voting centers” for “an early voting center in each of the 8 election wards”.

The 2012 amendment by D.C. Law 19-171 substituted “Department of General Services” for “Office of Property Management” in (b-1)(3).

The 2015 amendment by D.C. Law 20-273 rewrote (b)(3) and (b-1)(1); substituted “10 days” for “7 days” in (b-1)(2); and rewrote (e)(2), (e)(3), and (e)(4).

Emergency Legislation

For temporary (90 days) , see § 2(d) of General Election Preparations Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-422, Oct. 26, 2020, 67 DCR 12827).

For temporary (90 days) amendment of this section, see § 2(e) of General Election Preparations Emergency Amendment Act of 2020 (D.C. Act 23-382, Aug. 13, 2020, 67 DCR 9865).

For temporary (90 days) amendment of this section, see § 2(b) of Primary Date Alteration Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-81, July 16, 2019, 66 DCR 8268).

For temporary (90 days) amendment of this section, see § 2(b) of Primary Date Alteration Emergency Amendment Act of 2019 (D.C. Act 23-56, May 29, 2019, 66 DCR 6786).

For temporary (90 days) amendment of this section, see § 2(b) of Election Day Change of Address Emergency Amendment Act of 2016 (D.C. Act 21-495, Oct. 7, 2016, 63 DCR 12605).

For temporary (90 day) amendment of section, see § 2(d) of Help American Vote Emergency Amendment Act of 2003 (D.C. Act 15-283, December 18, 2003, 51 DCR 197).

For temporary (90 day) amendment of section, see § 2(d) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-405, March 18, 2004, 51 DCR 3650).

For temporary (90 day) amendment of section, see § 2(d) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-658, December 29, 2004, 52 DCR 492).

For temporary (90 day) amendment of section, see §§ 2(f), 4(b) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) repeal of section 4(b) of D.C. Law 18-103, see § 7007 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(b) of Board of Elections and Ethics Electoral Process Improvement Emergency Amendment Act of 2011 (D.C. Act 19-266, January 3, 2012, 59 DCR 207).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(e) of General Election Preparations Temporary Amendment Act of 2020 (D.C. Law 23-167, Dec. 23, 2020, 67 DCR 13022).

For temporary (225 days) amendment of this section, see § 2(b) of Primary Date Alteration Temporary Amendment Act of 2019 (D.C. Law 23-8, Aug. 6, 2019, 66 DCR 7343).

For temporary (225 day) amendment of section, see § 2(d) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).

Section 2(b) of D.C. Law 19-101, in subsec. (b)(1), substituted “each registered qualified elector shall cast his or her vote in the voting precinct that serves his or her current residence address” for “the vote of a person who is a registered qualified elector of the District shall be valid only if the vote is cast in the voting precinct that serves his or her current residence address”; in subsec. (b)(3), substituted “all contests for which the elector would have been eligible to cast votes had he or she cast a vote in the correct voting precinct” for “federal election contests and for any District-wide election contests”; and, in subsec. (b-1)(1), substituted “no fewer than 4 early voting centers” for “an early voting center in each of the 8 election wards”.

Section 4(b) of D.C. Law 19-101 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Section 4(b) of D.C. Law 18-103 provided: “(b) For any election after December 31, 2010, section 2(f)(1)(B) and (3) shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”

Section 7007 of D.C. Law 18-223 repealed section 4(b) of D.C. Law 18-103.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1001.09a. Post-election audits.

(a) For the purposes of this section, the term:

(1) “Error rate” means the greatest change in difference between any 2 candidates’ vote totals in an audit sample, comparing the machine result and the tally from the manual audit for a contest, divided by the number of votes (including overvotes and undervotes) audited in that contest in that sample.

(2) “Margin of victory” means the difference between the contest-wide vote totals for the apparent winning candidate with the fewest votes and the apparent losing candidate with the most votes in the machine result, divided by the number of votes cast in the entire contest (including undervotes and overvotes).

(b) After each general and special election, the Board shall conduct a public manual audit of the voter-verifiable records tabulated by the Board.

(c)(1) The Board shall manually audit:

(A) At least 5% of the precincts with precinct-level vote-tabulation machines during the election; and

(B) At least 5% of the voter-verifiable records that are tabulated centrally, including mail-in ballots and special ballots.

(2) Of those voter-verifiable records audited, the Board shall examine no fewer than 3 contests, of which:

(A) At least one shall be a District-wide contest; and

(B) At least 2 shall be a ward-wide race.

(3) The Board may, in its discretion, whether or not by request of a losing candidate, audit additional precincts, voter-verifiable records, or contests; provided, that the Board shall select at least one additional contest not selected pursuant to paragraph (2) of this subsection. The Board shall issue rules describing the criteria that it will use and the procedure for considering requests for additional audits. The Board may also collect fees, set forth by rule, for additional audits conducted under this paragraph.

(d) The precincts audited shall be selected on an entirely random basis; provided, that, within each ward, each precinct in the election shall have an equal chance of being selected. The voter-verifiable records that are tabulated centrally shall also be selected on an entirely random basis. The contests audited shall be selected on an entirely random basis; provided, that, within each category, each contest in the election shall have an equal chance of being selected. The Board shall publicly announce the method by which it intends to randomly select precincts, voter-verifiable records tabulated centrally, and contests, and shall conduct the random selection in such a way as to allow the public to observe and ensure that the selection is random. The selection shall be followed by the audit as soon as is practicable.

(e) The date of the audit shall be announced no later than 3 business days after tabulation has been completed, but no fewer than 24 hours in advance of the audit.

(f) The audit shall be conducted in public view so that members of the public are able to verify that votes are correctly classified and tallied, but are unable to touch ballots and other official materials or to interfere in any way with the manual audit process.

(g) Individuals performing the manual audit shall:

(1) Repealed.

(2) Not at any time before or during the manual audit be informed of the corresponding machine tally results;

(3) Follow the Board’s procedures for hand counting voter-verifiable records, tallying results, noting discrepancies and any missing or damaged voter-verifiable records, and interpreting ambiguous votes where the voter intent may not be clear; and

(4) Make a record of each ambiguous vote, including the nature of the marking error causing the ambiguity and how the vote was interpreted.

(h)(1) If an audit initially reveals a discrepancy between the machine result and the tally from the manual audit that yields an error rate greater than 0.25% or 20% of the margin of victory, whichever is less, and the discrepancy is not attributed to marking errors, a 2nd count shall be conducted.

(2) If the 2nd count confirms the discrepancy described in paragraph (1) of this subsection, the Board shall also audit another precinct in each ward in which the contest appeared on the ballot, selected at random using the same method previously used to select the precincts, and an additional 5% of all centrally tabulated ballots.

(3) If the additional audit sample described in paragraph (2) of this subsection also reveals a discrepancy between the machine result and the tally from the manual audit that yields an error rate greater than 0.25% or 20% of the margin of victory, whichever is less, the Board shall audit all precincts and centrally tabulated ballots in which the contest was held.

(i) The results derived from the manual audits shall be deemed the true and correct results of the election contests at issue with respect to the votes audited and shall be used in lieu of further counting in any automatic recounts.

(j) The Board shall publish on its website and make available for public inspection a report of results of the manual audit before certification of the official election results. The report shall:

(1) Identify and, when possible, explain any discrepancies between the initial count and the manual tally; and

(2) Describe further investigations to be undertaken or actions to be taken based on the observed discrepancies.

(k)(1) A vendor providing a voting system for use in the District elections shall furnish a bond in the amount of $10,000 to the District.

(2) A comparison of the results compiled by the voting system with the post-election audit described in this section shall show that the results of the electronic voting system differed by no more than 0.25% from the manual count reviewed, not including discrepancies associated with missing or damaged voter-verifiable records and with ambiguous votes.

(3) If a voting system is found to have failed to record votes accurately and in the manner set forth in paragraph (2) of this section, and that the failure is attributable to either the voting system’s design or actions of the vendor, the vendor shall forfeit the bond required by paragraph (1) and pay any costs incurred by the Board directly attributable to the failure.

(4) The vendor shall reimburse the District for the costs of any post-election audit required under subsection (h)(2) and (3) of this section, not including any costs associated for salaried election officials. If the vendor does not reimburse the District for these costs, the vendor shall forfeit the bond required by paragraph (1) of this subsection and shall be liable for the additional costs.

(Aug. 12, 1955, 69 Stat. 702, ch. 862, § 9a; as added Feb. 4, 2010, D.C. Law 18-103, § 2(g), 56 DCR 9169; May 2, 2015, D.C. Law 20-273, § 2(e), 62 DCR 1938; Apr. 6, 2023, D.C. Law 24-342, § 3(h), 69 DCR 14609.)

Section References

This section is referenced in § 1-1001.09.

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 substituted “general and special election” for “primary, general, and special election” in (b).

Emergency Legislation

For temporary (90 day) addition, see § 2(g) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1001.10. Dates for holding elections; votes cast for President and Vice President counted as votes for presidential electors; voting hours; tie votes; filling vacancy where elected official dies, resigns, or becomes unable to serve.

(a)(1) The elections of the officials referred to in § 1-1001.01(1), (2), (3), or (4) shall be held, at the request of the party, during a primary election already scheduled for other purposes on the date requested; provided, that it does not interfere or conflict with applicable national party rules. The primary under § 1-1001.05(b) shall be held on the 1st Tuesday in June of each presidential election year.

(2) The electors of President and Vice President of the United States shall be elected on the Tuesday next after the 1st Monday in November in every 4th year succeeding every election of a President and Vice President of the United States. Each vote cast for a candidate for President or Vice President whose name appears on the general election ballot shall be counted as a vote cast for the candidates for presidential electors of the party supporting such presidential and vice presidential candidate. Candidates receiving the highest number of votes in such election shall be declared the winners, except that in the case of a tie it shall be resolved in the same manner as is provided in subsection (c) of this section.

(3)(A) Except as otherwise provided in the case of special elections under this subchapter or § 206(a) of the District of Columbia Delegate Act, primary elections of each political party for the office of Delegate to the House of Representatives shall be held on the 1st Tuesday in June in a presidential election year and on the 3rd Tuesday in June of each even-numbered non-presidential election year, and general elections for such office shall be held on the Tuesday next after the 1st Monday in November of each even-numbered year.

(B) Except as otherwise provided in the case of special elections under this subchapter primary elections of each political party for the office of member of the Council shall be held on the 1st Tuesday in June in a presidential election year and on the 3rd Tuesday in June of each even-numbered non-presidential election year, and general election for such offices shall be held on the 1st Tuesday after the 1st Monday in November in 1974 and every 2nd year thereafter.

(C) Except as otherwise provided in the case of a special election under this subchapter or by § 1-204.35(b), primary elections of each political party for the office of Chairman of the Council, Mayor and Attorney General shall be held on the 3rd Tuesday in June of 2018 and every 4th year thereafter, and the general election for such office shall be held on the 1st Tuesday after the 1st Monday in November in 1974 and every 4th year thereafter.

(4) With respect to special elections required or authorized by this subchapter or by § 1-204.35(b), the Board may establish the dates on which such special elections are to be held and prescribe such other terms and conditions as may, in the Board’s opinion, be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this subchapter.

(5) General elections of members of the State Board of Education shall be held on the 1st Tuesday after the 1st Monday in November of each odd-numbered calendar year through 1987, and thereafter in each even-numbered calendar year, on the same day and month.

(b)(1) In all elections held pursuant to this subchapter, the polls shall be open from 7:00 a.m. to 8:00 p.m. on election day, except in instances when the time established for closing the polls is extended pursuant to a federal or District court order or any other order. The Board shall also establish hours for early voting. The Board may, upon request of the site coordinator or upon its own initiative, if an emergency exists by reason of mechanical failure of a voting machine, an unanticipated shortage of ballots, excessive wait times, bomb threats, or a similar unforeseen event warrants, extend the hours for that Vote Center until the emergency has been resolved. Candidates who receive the highest number of votes, other than candidates for election as political party officials or delegates to national conventions nominating candidates for President and Vice President of the United States, shall be declared winners. If after the date of an election and prior to the certification of the election results, the qualified candidate who has received the highest number of votes dies, withdraws, or is found to be ineligible to hold the office, or in the event no candidate qualifies for election, the Board shall declare no winner, and the office shall become vacant as of the date of the beginning of the term of office for which the election was held. With respect to a primary election, the position of candidate shall be vacant until filled pursuant to subsection (d) of this section.

(2)(A) No person shall canvass, electioneer, circulate petitions, post any campaign material or engage in any activity that interferes with the orderly conduct of the election within a Vote Center or within a 50-foot distance from the entrance and exit of a Vote Center. The Board, by regulation, shall establish procedures for determination and clear marking of the 50-foot distance.

(B) A person who violates the provisions of this paragraph shall, upon conviction, be fined not less than $50 or more than $500 or imprisoned for not more than 30 days, or both.

(c) In the case of a tie vote, the resolution of which will affect the outcome of any election, the candidates receiving the tie vote shall cast lots before the Board at 12:00 noon on a date to be set by the Board. This date shall be set no sooner than 2 days following determination by the Board of the results of the election which resulted in a tie. The candidate to whom the lot shall fall shall be declared the winner. If the candidate or candidates fail to appear by 12:00 noon on said day, the Board shall cast lots for the candidate or candidates. For purpose of casting lots, any candidate may appear in person, or by proxy appointed in writing.

(d)(1) In the event that any official, other than Delegate, member of the Council, Mayor, Attorney General, member of the State Board of Education, or winner of a primary election for the office of Delegate, member of the Council, Mayor, or Attorney General, elected pursuant to this subchapter dies, resigns, or becomes unable to serve during the official's term of office leaving no person elected pursuant to this subchapter to serve the remainder of the unexpired term of office, the successor or successors to serve the remainder of the term shall be chosen pursuant to the rules of the duly authorized party committee, except that the successor shall have the qualifications required by this subchapter for the office.

(2)(A) In the event that a vacancy occurs in the office of Delegate before May 1 of the last year of the Delegate’s term of office, the Board shall hold a special election to fill the unexpired term. The special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which the 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. The person elected to fill the vacancy in the office of Delegate shall take office the day on which the Board certifies the person's election.

(B) In the event that a vacancy occurs in the office of Delegate on or after May 1 of the last year of the Delegate’s term of office, the Mayor shall appoint a successor to complete the remainder of the term of office.

(3) In the event of a vacancy in the office of United States Representative or United States Senator elected pursuant to § 1-123 and that vacancy cannot be filled pursuant to paragraph (1) of this subsection, the Mayor shall appoint, with the advice and consent of the Council, a successor to complete the remainder of the term of office.

(e)(1) In the event of a vacancy of an elected member of the State Board of Education, the Board of Elections shall hold a special election to fill the unexpired term of the vacant office. The special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which the 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. The person elected as a member to fill a vacancy on the State Board of Education shall take office the day on which the Board of Elections certifies the person's election.

(2) Repealed.

(f) Notwithstanding the provisions of subsection (e) of this section, if a vacancy of an elected member of the State Board of Education occurs on or after February 1st of the last year of the term of the vacant office, a special election shall not be held and the State Board of Education may appoint a person to fill such vacancy until the unexpired term ends. Any person appointed under this subsection shall have the same qualifications for holding such office as were required of the person's immediate predecessor.

(g) A vacancy among the appointed Board members shall be filled within 45 days of its occurrence. The Mayor shall submit a nominee to the Council for confirmation within 30 days of the vacancy. Any Board member appointed to fill a vacancy shall serve until the end of the original term.

(Aug. 12, 1955, 69 Stat. 702, ch. 862, § 10; Oct. 4, 1961, 75 Stat. 819, Pub. L. 87-389, § 1(18, 19, 20); Apr. 22, 1968, 82 Stat. 105, Pub. L. 90-292, § 4(7); Sept. 22, 1970, 84 Stat. 850, Pub. L. 91-405, title II, §§ 203(c), 205(e)(2); Dec. 23, 1971, 85 Stat. 792, Pub. L. 92-220, § 1(18)-(21); Aug. 14, 1973, 87 Stat. 313, Pub. L. 93-92, § 1(16)-(19); Dec. 24, 1973, 87 Stat. 834, Pub. L. 93-198, title VII, § 751(4)-(8); Aug. 29, 1974, 88 Stat. 794, Pub. L. 93-395, § 3(a); Sept. 2, 1976, D.C. Law 1-79, title V, § 504, 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title II, § 201, title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(h), (n)-(q), (s), 29 DCR 458; Sept. 26, 1984, D.C. Law 5-116, § 5, 31 DCR 4018; Mar. 16, 1988, D.C. Law 7-92, § 3(m), 35 DCR 716; Dec. 10, 1991, D.C. Law 9-49, § 2(b), 38 DCR 6572; Sept. 22, 1994, D.C. Law 10-173, § 2(e), 41 DCR 5154; July 18, 2000, D.C. Law 13-149, § 5(b), 47 DCR 4639; June 21, 2003, D.C. Law 15-18, § 2(b), 50 DCR 3389; Dec. 7, 2004, D.C. Law 15-218, § 2(e), 51 DCR 9132; Oct. 18, 2007, D.C. Law 17-26, § 2(c), 54 DCR 8018; Mar. 25, 2009, D.C. Law 17-353, § 218, 56 DCR 1117; Feb. 4, 2010, D.C. Law 18-103, § 2(h), 56 DCR 9169; June 16, 2011, D.C. Law 19-7, § 2(b), 58 DCR 3882; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(5), 59 DCR 1862; Dec. 13, 2013, D.C. Law 20-60, § 301(b), 60 DCR 15487; Dec. 17, 2014, D.C. Law 20-144, § 2, 61 DCR 8059; Mar. 3, 2015, D.C. Law 20-167, § 2(d), 61 DCR 10738; May 2, 2015, D.C. Law 20-273, § 2(f), 62 DCR 1938; Aug. 19, 2017, D.C. Law 22-13, § 2(c), 64 DCR 6245; Dec. 24, 2019, D.C. Law 23-36, § 2(c), 66 DCR 14304; Mar. 16, 2021, D.C. Law 23-192, § 2(i), 68 DCR 001073; Apr. 6, 2023, D.C. Law 24-342, § 3(i), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1314.

1973 Ed., § 1-1110.

Section References

This section is referenced in § 1-204.114, § 1-309.07, § 1-1001.08, § 1-1001.17, and § 38-2651.

Effect of Amendments

D.C. Law 13-149 in subsec. (e), designated the existing text as par. (1), in par. (1) as so designated, substituted “a vacancy of an elected member of” for “a vacancy on,”, and added par. (2); in subsec. (f), substituted “a vacancy of an elected member of” for “a vacancy on”; and added subsec. (g).

Section 7 of D.C. Law 13-149 provided: “This act shall apply upon the effective date of the School Governance Charter Amendment Act of 2000.”

D.C. Law 15-18, in subsec. (a), rewrote par. (1), and substituted “on the 1st Tuesday after the 2nd Monday in September of each even-numbered year” for “on the 1st Tuesday in May of each even-numbered year which is a presidential election year, and in other even-numbered years, on the 1st Tuesday after the 2nd Monday in September” in par. (3)(A).

D.C. Law 15-218, in par. (1) of subsec. (b), inserted “, except in instances when the time established for closing the polls is extended pursuant to a federal or District court order or any other order.” following “7:00 a.m. to 8:00 p.m.”.

D.C. Law 17-26 rewrote subsec. (a)(1), which had read as follows: “(a)(1) The election of the officials referred to in § 1-1001.05(1) shall be held on the 1st Tuesday after the 2nd Monday in September of each presidential election year. The elections of the officials referred to in § 1-1001.01(2) and (3), and of officials designated pursuant to § 1-1001.01(4), and the primary under § 1-1005(b) shall be held on the 2nd Tuesday in January of each presidential election year.”

D.C. Law 17-353 validated a previously made technical correction in subsec. (a)(1).

D.C. Law 18-103, in subsec. (b)(1), inserted “The Board may, upon request of the precinct captain or upon its own initiative, if an emergency exists by reason of mechanical failure of a voting machine, an unanticipated shortage of ballots, excessive wait times, bomb threats, or similar unforeseen event warrants it, extend the polling hours for that precinct until the emergency situation has been resolved.”

D.C. Law 19-7, in subsec. (a)(1), substituted “election year or the 1st Tuesday in April” for “election year or the 1st Tuesday after the 2nd Monday in September” and substituted “The primary under § 1-1001.05(b) shall be held on the 1st Tuesday in April of each presidential election year.” for “The primary under § 1-1001.05(b) shall be held on the 2nd Tuesday in February of each presidential election year.”; and, in subsecs. (a)(3)(A), (B), (C), substituted “shall be held on the 1st Tuesday in April” for “shall be held on the 1st Tuesday after the 2nd Monday in September”.

D.C. Law 19-124, in subsec. (e)(1), substituted “Board of Elections” for “Board of Elections and Ethics”.

The 2013 amendment by D.C. Law 20-60 substituted “or by § 1-204.35(b), primary elections of each political party for the office of Chairman of the Council, Mayor and Attorney General” for a comma and “primary elections of each political party for the office of Mayor and Chairman” in (a)(3)(C); substituted “authorized by this subchapter or by § 1-204.35(b)” for “authorized by this subchapter” in (a)(4); and substituted “Delegate, member of the Council, Mayor, Attorney General, member of the Board of Education, or winner of a primary election for the office of Delegate, member of the Council, Mayor, or Attorney General” for “Delegate, Mayor, member of the Council, member of the Board of education, or winner of a primary election for the office of Delegate, Mayor, or member of the Council” in (d)(1).

The 2014 amendment by D.C. Law 20-144, in the first sentence of (a)(1), substituted “during” for “on either the 2nd Tuesday in February of each presidential election year or the 1st Tuesday in April of each presidential election year if there is” and “requested; provided, that it does not interfere or conflict with applicable national party rules” for “requested.”

The 2015 amendment by D.C. Law 20-167 substituted “State Board of Education“ for “Board of Education“ in (a)(5), (d)(1), and twice in (f); and rewrote (d)(2)(A) and (e).

The 2015 amendment by D.C. Law 20-273 substituted “2nd Tuesday in June” for “1st Tuesday in April” in (a)(1); and rewrote (a)(3).

Cross References

Advisory Neighborhood Commissions, elections, see § 1-309.05 et seq.

Recall of elected public officials, filling of vacancies, see § 1-204.114.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(c) of Primary Date Alteration Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-81, July 16, 2019, 66 DCR 8268).

For temporary (90 days) amendment of this section, see § 2(c) of Primary Date Alteration Emergency Amendment Act of 2019 (D.C. Act 23-56, May 29, 2019, 66 DCR 6786).

For temporary (90 days) amendment of this section, see § 2(c) of Primary Date Alteration Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-106, July 25, 2017, 64 DCR 7388).

For temporary (90 days) amendment of this section, see § 2(c) of Primary Date Alteration Emergency Amendment Act of 2017 (D.C. Act 22-75, June 5, 2017, 64 DCR 6080).

For temporary (90 day) amendment of section, see § 2(b) of Presidential Primary Election Emergency Amendment Act of 2003 (D.C. Act 15-43, March 24, 2003, 50 DCR 2805).

For temporary (90 day) amendment of section, see § 2(b) of Presidential Primary Petition Waiver and Democratic State Committee Elections Emergency Act of 2003 (D.C. Act 15-135, July 29, 2003, 50 DCR 6857).

For temporary (90 day) amendment of section, see § 2 of Presidential Primary State Committee Elections Emergency Amendment Act of 2003 (D.C. Act 15-258, December 5, 2003, 50 DCR 11011).

For temporary (90 day) amendment of section, see § 2(e) of Help American Vote Emergency Amendment Act of 2003 (D.C. Act 15-283, December 18, 2003, 51 DCR 197).

For temporary (90 day) amendment of section, see § 2(e) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-405, March 18, 2004, 51 DCR 3650).

For temporary (90 day) amendment of section, see § 2(e) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-658, December 29, 2004, 52 DCR 492).

For temporary (90 day) amendment of section, see § 2(h) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 401(g)(5) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary addition of (a-1), see § 2 of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-598, January 16, 2013, 60 DCR 1015), applicable upon the inclusion of its fiscal effect in an approved budget and financial plan.

For temporary (90 days) amendment of this section, see § 2(b) of the Election Code Conforming Emergency Act of 2013 (D.C. Act 20-143, July 31, 2013, 60 DCR 11799, 20 DCSTAT 1990).

For temporary (90 days) amendment of this section, see § 2(b) of the Party Officer Elections Emergency Amendment Act of 2013 (D.C. Act 20-210, November 7, 2013, 60 DCR 15781).

For temporary (90 days) amendment of this section, see §§ 2(b) and 3 of the Party Officer Elections Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-286, February 20, 2014, 61 DCR 1606).

For temporary (90 days) amendment of this section, see § 2(d) of the Special Election Reform Emergency Amendment Act of 2014 (D.C. Act 20-617, Jan. 28, 2015, 62 DCR 1908, 21 STAT 794).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(c) of Primary Date Alteration Temporary Amendment Act of 2019 (D.C. Law 23-8, Aug. 6, 2019, 66 DCR 7343).

For temporary (225 day) amendment of section, see § 2(b) of Presidential Primary Petition Waiver and Democratic State Committee Elections Temporary Act of 2003 (D.C. Law 15-55, December. 9, 2003, law notification 51 DCR 1790).

For temporary (225 day) amendment of section, see § 2 of Presidential Primary State Committee Elections Temporary Amendment Act of 2003 (D.C. Law 15-97, March 10, 2004, law notification 51 DCR 3617).

For temporary (225 day) amendment of section, see § 2(e) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).

For temporary (225 days) amendment of this section, see § 2(b) of the Party Officer Elections Temporary Amendment of 2013 (D.C. Law 20-72, February 22, 2014, 61 DCR 30).

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

References in Text

“Section 206(a) of the District of Columbia Delegate Act,” referred to in subsection (a)(3)(A) of this section, is § 206(a) of the Act of September 22, 1970, Pub. L. 91-405, and provided for the nomination and election of the 1st Delegate to the House of Representatives from the District of Columbia.

Editor's Notes

Section 2(c)(2)(C) of D.C. Law 22-13 purported to strike language changed by D.C. Law 20-273 after it was included in an approved budget and financial plan. The amendment made by D.C. Law 22-13 has been given effect as if the amendment made by D.C. Law 20-273 had not been given effect.

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Voting accessibility for the elderly and handicapped: Public Law 98-435 enacted the Voting Accessibility for the Elderly and Handicapped Act.

Section 3(b) of D.C. Law 17-156 amended this section subject to congressional enactment of section 2 of D.C. Law 17-156. As of the publication of this note, congress has not enacted section 2 of D.C. Law 17-156.

Applicability of D.C. Law 20-60: Section 401(b) of 20-60 provided that § 301 of the act shall apply as of December 13, 2013.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1001.11. Recount; judicial review of election.

(a)(1) The Board shall recount the votes cast in one or more voting precincts, if, within 7 days after the Board certifies the results of an election for an office, a candidate for that office petitions the Board in writing and specifies the precincts in which the recount shall be conducted. Before beginning the recount, the Board shall prepare an estimate of the costs and inform the petitioner of the anticipated number of hours needed to complete the recount and the cost per hour. The costs of the recount shall not include any payments associated for salaried election officials. If the petitioner chooses to proceed with the recount, the petitioner shall deposit the amount of $50 per precinct included in the recount. If the result of the election is changed as a result of the recount, the deposit shall be refunded. If the result is not changed, the Board shall determine the actual cost of the recount. The petitioner shall be liable for the actual cost of the recount and the Board may collect that cost from the deposit made with the petition.

(2) If in any election for President and Vice President of the United States, Delegate to the House of Representatives, Chairman of the Council, member of the Council, Mayor, Attorney General, or member of the State Board of Education, the results certified by the Board show a margin of victory for a candidate that is less than one percent of the total votes cast for the office, the Board shall conduct a recount. The cost of a recount conducted pursuant to this paragraph shall not be charged to any candidate.

(3) In the case of an initiative or referendum measure placed on the ballot pursuant to § 1-1001.16, or a recall measure placed on the ballot pursuant to § 1-1001.17, the Board shall conduct a recount if the difference between the number of votes for and against the initiative, referendum, or recall measure is less than one percent of the total votes cast.

(4) The Board shall issue regulations prescribing the procedures for the Board to:

(A) Provide notice of a recount to candidates for an office subject to a recount;

(B) Conduct a recount and certify the official result of an election, initiative, referendum, or recall measure which is the subject of the recount; and

(C) Ensure that each candidate for an office subject to a recount may designate watchers to be present while the recount is conducted, or in the case of an initiative, referendum, or recall measure, ensure that members of the public may be present while the recount is conducted.

(b)(1) Within 7 days after the Board certifies the results of an election, any person who voted in the election may petition the District of Columbia Court of Appeals to review the election. The Court’s authority to review the results of an election shall include initiative, referendum, and recall measures as well as elections for a particular office.

(2) In response to such a petition, the Court may set aside the results certified and declare the true results of the election, or void the election in whole or in part. To determine the true results of an election, the Court may order a recount or take other appropriate action, whether or not a recount has been conducted or requested pursuant to subsection (a) of this section. The Court shall void an election only if it:

(A) Determines that the candidate certified as the winner of the election does not meet the qualifications required for office; or

(B) Finds that there was any act or omission, including fraud, misconduct, or mistake serious enough to vitiate the election as a fair expression of the will of the registered qualified electors voting in the election.

(3) If the Court voids an election, it may order a special election, which shall be conducted in such a manner, and at such time, as the Board may prescribe.

(4) The decision of the Court in any case brought pursuant to this subsection shall be final and may not be appealed.

(5) The Court shall have the authority to require the losing party to reimburse the prevailing party for reasonable attorneys’ fees and other costs associated with the case, but shall not exercise this authority if it finds that the reimbursement would impose an undue financial hardship on the losing party.

(Aug. 12, 1955, 69 Stat. 703, ch. 862, § 11; Apr. 22, 1968, 82 Stat. 106, Pub. L. 90-292, § 4(8); Dec. 23, 1971, 85 Stat. 793, Pub. L. 92-220, § 1(22); Aug. 14, 1973, 87 Stat. 313, Pub. L. 93-92, § 1(20); Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Sept. 13, 1980, D.C. Law 3-93, § 2, 27 DCR 3497; Mar. 16, 1982, D.C. Law 4-88, § 2(q)-(s), 29 DCR 458; June 28, 2002, D.C. Law 14-168, § 2, 49 DCR 4478; Feb. 4, 2010, D.C. Law 18-103,§ 2(i), 56 DCR 9169; Dec. 13, 2013, D.C. Law 20-60, § 301(c), 60 DCR 15487; Mar. 3, 2015, D.C. Law 20-167, § 2(e), 61 DCR 10738.)

Prior Codifications

1981 Ed., § 1-1315.

1973 Ed., § 1-1111.

Effect of Amendments

D.C. Law 14-168 rewrote the section which had read:

“(a) If within 7 days after the Board certifies the results of an election, any qualified candidate at such election petitions the Board to have the votes cast at such election recounted in 1 or more voting precincts, the Board shall order such recount. In each such case, the petitioner shall deposit a fee of $50 for each precinct petitioned to be recounted. If the total cost of the recount is less than the amount so deposited, the difference shall be refunded. If the total cost of the recount is greater than the deposit, the petitioner shall remit payment for such additional costs within 15 days of receipt of notification from the Board that additional costs have been incurred. If the result of the election is changed as a result of the recount, the entire amount deposited by the petitioner shall be refunded. In no case, however, shall the petitioner be required to pay the cost of any recount in any such election if the difference in the number of votes received by the petitioner in connection with any office and the number of votes received by the person certified as having been elected to that office, in the case of an election from a ward, is less than 1 per centum or 50 votes, whichever is less, or in the case of an election at large, is less than 1 per centum or 350 votes, whichever is less.”

“(b) Within 7 days after the Board certifies the results of an election, any person who voted in the election may petition the District of Columbia Court of Appeals to review such election. In response to such a petition, the Court may set aside the results so certified and declare the true results of the election, or void the election in whole or in part. To determine the true results of an election the Court may order a recount or take other appropriate action, whether or not a recount has been conducted or requested pursuant to subsection (a) of this section. The Court shall void an election only for fraud, mistake, the making of expenditures by a candidate, or the willful receipt of contributions in violation of the District of Columbia Campaign Finance Reform and Conflict of Interest Act (§ 1-1101.01 et seq.), or other defect, serious enough to vitiate the election as a fair expression of the will of the registered qualified electors voting therein. If the Court voids an election it may order a special election, which shall be conducted in such manner (comparable to that prescribed for regular elections), and at such time, as the Board shall prescribe. The decision of such Court shall be final and not appealable.”

D.C. Law 18-103 rewrote subsec. (a)(1), which had read as follows: “(a)(1) The Board shall recount the votes cast in one or more voting precincts, if within 7 days after the Board certifies the results of an election for an office, a candidate for that office petitions the Board in writing and specifies the precincts in which the recount shall be conducted. The candidate shall deposit a fee of $50 for each precinct included in the recount. If the result of the election is changed as a result of the recount, the fee deposited by the petitioner shall be refunded.”

The 2013 amendment by D.C. Law 20-60 substituted “Delegate to the House of Representatives, Chairman of the Council, member of the Council, Mayor, Attorney General” for “Delegate to the House of Representatives, Mayor, Chairman of the Council, member of the Council” in (a)(2).

The 2015 amendment by D.C. Law 20-167 substituted “or member of the State Board of Education” for “President of the Board of Education, or member of the Board of Education” in (a)(2).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(i) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 days) amendment of this section, see § 2(c) of the Election Code Conforming Emergency Act of 2013 (D.C. Act 20-143, July 31, 2013, 60 DCR 11799, 20 DCSTAT 1990).

For temporary (90 days) amendment of this section, see § 2(e) of the Special Election Reform Emergency Amendment Act of 2014 (D.C. Act 20-617, Jan. 28, 2015, 62 DCR 1908, 21 STAT 794).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(b) of 20-60 provided that § 301 of the act shall apply as of December 13, 2013.

§ 1–1001.12. Interference with registration and voting.

No one shall interfere with the registration or voting of another person, except as it may be reasonably necessary in the performance of a duty imposed by law.

§ 1–1001.13. Appropriations.

There are hereby authorized to be appropriated, out of any money in the Treasury to the credit of the District of Columbia not otherwise appropriated, such sums as are necessary to carry out the purposes of this subchapter.

§ 1–1001.14. Corrupt election practices.

(a) Any person who shall register, or attempt to register, or vote or attempt to vote under the provisions of this subchapter and make any false representations as to the person's qualifications for registering or voting or for holding elective office, or be guilty of violating § 1-1001.07(d)(2)(D), § 1-1001.09, § 1-1001.12, or § 1-1001.13 or be guilty of bribery or intimidation of any voter at an election, or being registered, shall vote or attempt to vote more than once in any election so held, or shall purloin or secrete any of the votes cast in an election, or attempt to vote in an election held by a political party other than that to which the person has declared himself or herself to be affiliated, or, if employed in the counting of votes in any election held pursuant to this subchapter, knowingly make a false report in regard thereto, and every candidate, person, or official of any political committee who shall knowingly make any expenditure or contribution in violation of subchapter I of Chapter 11 of this title, shall, upon conviction, be fined not more than $10,000 or be imprisoned not more than 5 years, or both.

(a-1)(1) A person shall not knowingly or willfully:

(A) Pay, offer to pay, or accept payment of any consideration, compensation, gratuity, reward, or thing of value for registration to vote or for voting;

(B) Give false information as to the person's name, address, or period of residence for the purpose of establishing the person's eligibility to register or vote, that is known by the person to be false;

(C) Procure or submit voter registration applications that are known by the person to be materially false, fictitious, or fraudulent;

(D) Procure, cast, or tabulate ballots that are known by the person to be materially false, fictitious, or fraudulent; or

(E) Conspire with another individual to do any of the above.

(2) A person who violates paragraph (1) of this subsection shall, upon conviction, be fined not more than $10,000, be imprisoned not more than 5 years, or both.

(b)(1) Any person who signs an initiative, referendum or recall petition with any other than the person's own name, or who signs a petition for an initiative, referendum or recall measure, knowing that [the person] is not a registered qualified elector in the District of Columbia, or who makes a false statement as to [the person's] residency on any such petition, shall upon conviction be fined not more than $10,000 or be imprisoned not more than 1 year, or both.

(2) Any public officer, involved in any part of the election process, who willfully violates any of the provisions of § 1-1001.16 or § 1-1001.17, shall be fined not more than $10,000 or be imprisoned not more than 1 year, or both.

(3) Any person who: (A) For any consideration, compensation, gratuity, reward or thing of value or promise thereof, signs or promises to sign or declines to sign, or promises not to sign any initiative, referendum, or recall petition; or (B) pays or offers or promises to pay, or gives or offers or promises to give any consideration, compensation, gratuity, reward, or thing of value to any person to induce the person to sign or not to sign, the person's signatures upon any initiative, referendum, or recall petition, or to vote for or against, or to abstain from voting on, any initiative, referendum, or recall measure; or (C) by any other corrupt means or practice, or by threats or intimidation, interferes with, or attempts to interfere with, the right of any qualified registered elector to sign or not to sign any initiative, referendum, or recall petition, or to vote for or against, or to abstain from voting on any initiative, referendum, or recall measure; or (D) makes any false statement to the Board concerning any initiative, referendum, or recall petition, or the signatures appended thereto shall be fined not more than $10,000 or be imprisoned not more than 1 year, or both.

(4) Any proposer or circulator of an initiative, referendum, or recall petition who willfully violates any provision of §§ 1-1001.16 and 1-1001.17 shall, upon conviction thereof, be subject to a fine of not more than $10,000 or to imprisonment of not more than 6 months, or both. Each occurrence of a violation of §§ 1-1001.16 and 1-1001.17 shall constitute a separate offense. Violations of §§ 1-1001.16 and 1-1001.17 shall be prosecuted in the name of the District of Columbia by the Attorney General of the District of Columbia.

(b-1)(1) A person who, before the date that is 4 days after an election, referendum, initiative, or recall, intentionally removes, defaces, damages, or destroys any lawfully placed billboard, poster, sign, or other material relating to any candidate for election for any office or to a referendum, initiative, or recall, shall be subject to imposition of civil fines, penalties, and fees for a civil infraction pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.].

(2) A person who violates paragraph (1) of this subsection shall be fined not more than $100.

(3) This subsection shall not apply to:

(A) The candidate for election;

(B) A sponsor of a referendum, initiative, or recall;

(D) The owner of the premises where the material is located;

(E) Persons authorized and acting on behalf of the owner of the material or the premises; or

(F) Any person charged with enforcement of any law of the District of Columbia acting within the scope of the person's authority.

(c) The provisions of this section shall be supplemental to, and not in derogation of, any penalties under other laws of the District of Columbia.

§ 1–1001.15. Candidacy for more than 1 office prohibited; multiple nominations; candidacy of officeholder for another office restricted.

(a) No person shall be a candidate for more than one office on the State Board of Education, the Council, Mayor, or Attorney General in any election for the members of the State Board of Education, the Council, Mayor, or Attorney General, and no person shall be a candidate for more than one office on the Council, Mayor, or Attorney General in any primary election. If a person is nominated for more than 1 such office, the person shall, within 3 days after the Board has sent the person notice that the person has been so nominated, designate in writing the office for which the person wishes to run, in which case the person wil be deemed to have withdrawn all other nominations. In the event that such person fails within such 3-day period to file such a designation with the Board, all such nominations of such person shall be deemed withdrawn.

(b) Notwithstanding the provisions of subsection (a) of this section, a person holding the office of Delegate, Chairman or member of the Council, Mayor, Attorney General, or member of the State Board of Education shall, while holding such office, be eligible as a candidate for any other of such offices in any primary or general election. In the event that said person is elected in a general election to the office for which the person is a candidate, that person shall, within 24 hours of the date that the Board certifies said person’s election, pursuant to § 1-1001.05(a)(11), either resign from the office that person currently holds or shall decline to accept the office for which the person was a candidate. In the event that said person elects to resign, said resignation shall be effective not later than 24 hours before the date upon which that person would assume the office to which the person has been elected.

(Aug. 12, 1955, 69 Stat. 704, ch. 862, § 15; as added Apr. 22, 1968, 82 Stat. 106, Pub. L. 90-292, § 4(9); Dec. 24, 1973, 87 Stat. 835, Pub. L. 93-198, title VII, § 751(9), (10); Apr. 23, 1977, D.C. Law 1-126, title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(j), (o), (q), 29 DCR 458; Mar. 14, 1985, D.C. Law 5-159, § 22, 32 DCR 30; Dec. 13, 2013, D.C. Law 20-60, § 301(d), 60 DCR 15487; Mar. 3, 2015, D.C. Law 20-167, § 2(f), 61 DCR 10738; Mar. 16, 2021, D.C. Law 23-192, § 2(k), 68 DCR 001073.)

Prior Codifications

1981 Ed., § 1-1319.

1973 Ed., § 1-1115.

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 substituted “No person shall be a candidate for more than one office on the Board of Education, the Council, Mayor, or Attorney General in any election for the members of the Board of Education, the Council, Mayor, or Attorney General, and no person shall be a candidate for more than one office on the Council, Mayor, or Attorney General in any primary election” for “No person shall be a candidate for more than 1 office on the Board of Education or the Council or Mayor in any election for the members of the Board of Education or the Council or Mayor, and no person shall be a candidate for more than 1 office on the Council or for the Mayor in any primary election” in (a); and substituted “Delegate, Chairman or member of the Council, Mayor, Attorney General” for “Mayor, Delegate, Chairman or member of the Council” in (b).

The 2015 amendment by D.C. Law 20-167 substituted “State Board of Education” for “Board of Education” throughout the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(d) of the Election Code Conforming Emergency Act of 2013 (D.C. Act 20-143, July 31, 2013, 60 DCR 11799, 20 DCSTAT 1990).

For temporary (90 days) amendment of this section, see § 2(f) of the Special Election Reform Emergency Amendment Act of 2014 (D.C. Act 20-617, Jan. 28, 2015, 62 DCR 1908, 21 STAT 794).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(b) of 20-60 provided that § 301 of the act shall apply as of December 13, 2013.

§ 1–1001.16. Initiative and referendum process.

(a)(1) Any registered qualified elector, or electors of the District of Columbia, who desire to submit a proposed initiative measure to the electors of the District of Columbia, or who desire to order that a referendum be held on any act, or on some part or parts of an act, that has completed the course of the legislative process within the District of Columbia government in accordance with § 1-204.04(e), shall file with the Board 5 printed or typewritten copies of the full text of the measure, a summary statement of not more than 100 words, and a short title of the measure to be proposed in an initiative, or of the act or part thereof on which a referendum is desired.

(2) The proposed initiative measure, or the act or part thereof, on which a referendum is desired shall be accompanied by:

(A) The name and address of the proposer;

(B) An affidavit that the proposer is a registered qualified elector of the District of Columbia; and

(b)(1) Upon receipt of each proposed initiative or referendum measure, the Board shall refuse to accept the measure if the Board finds that it is not a proper subject of initiative or referendum, whichever is applicable, under the terms of title IV of the District of Columbia Home Rule Act, or upon any of the following grounds:

(A) The verified statement of contributions has not been filed pursuant to §§ 1-1163.07 and 1-1163.09;

(B) The petition is not in the proper form established in subsection (a) of this section;

(C) The measure authorizes, or would have the effect of authorizing, discrimination prohibited under Chapter 14 of Title 2; or

(D) The measure presented would negate or limit an act of the Council of the District of Columbia pursuant to § 1-204.46.

(1A)(A) Within one business day after the proposed initiative or referendum measure is received by the Board, the Board shall request advisory opinions from the Attorney General and the General Counsel of the Council on whether the measure is a proper subject of initiative or referendum.

(B) If the measure is a proposed:

(i) Initiative measure, the Attorney General and the General Counsel of the Council shall provide advisory opinions to the Board within 15 business days after the Board's request is received; or

(ii) Referendum measure, the Attorney General and the General Counsel of the Council shall provide advisory opinions to the Board within 5 business days after the Board's request is received.

(2) In the case of refusal to accept a measure, the Board shall endorse on the measure the words “received but not accepted” and the date, and retain the measure pending appeal. If none of the grounds for refusal exists, the Board shall accept the measure.

(3) If the Board refuses to accept any initiative or referendum measure submitted to it, the person or persons submitting such measure may apply, within 10 days after the Board’s refusal to accept such measure, to the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept such measure. The Superior Court of the District of Columbia shall expedite consideration of the matter. If the Superior Court of the District of Columbia determines that the issue presented by the measure is a proper subject of initiative or referendum, whichever is applicable, under the terms of title IV of the District of Columbia Home Rule Act, and that the measure is legal in form, does not authorize discrimination as prescribed in paragraph (1)(C) of this subsection, and would not negate or limit an act of the Council of the District of Columbia as prescribed in paragraph (1)(D) of this subsection, it shall issue an order requiring the Board to accept the measure. Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorneys’ fees to the proposer.

(4) After subject determination has been made the Board shall assign a serial number to each initiative and referendum measure, using separate series of numbers for initiative and separate series of numbers for referendum measures. Thereafter, a measure shall be known and designated on all petitions, ballots and proceedings as “Initiative Measure No. ...............” or “Referendum Measure No. ...............”.

(c) Within 20 calendar days, of the date on which the Board accepts an initiative or referendum measure, the Board shall:

(1) Prepare a true and impartial summary statement, written in plain language, not to exceed 100 words, bearing the serial number of the measure, and expressing the purpose of the measure. Such statement shall not intentionally create prejudice for or against the measure;

(2) Prepare a short title for the measure consisting of not more than 15 words to permit the voters to identify readily the initiative or referendum measure and to distinguish it from other measures which may appear on the ballot;

(3) Prepare, in the proper legislative form, the proposed initiative or referendum measure, where applicable, which shall conform to the legislative drafting style of acts of the Council, and consult experts in legislative drafting, including the Attorney General and the General Counsel of the Council; and

(4) If the measure is an initiative measure, request a fiscal impact statement from the Office of the Chief Financial Officer, who shall issue a fiscal impact statement within 15 business days after receipt of the request from the Board.

(d)(1) After preparing an initiative or referendum measure, the Board shall call a public meeting to adopt the summary statement, short title, and legislative form of the measure.

(2) Within 24 hours after adoption, the Board shall:

(A) Notify the proposer of the measure, via email, of the exact language of the summary statement, short title, and legislative form;

(B) Submit the summary statement, short title, legislative form, and, if the measure is an initiative measure, the fiscal impact statement, to:

(i) The District of Columbia Register for publication; and

(ii) At least one newspaper of general circulation in the District; and

(C) Publish the summary statement, short title, legislative form, and, if the measure is an initiative measure, the fiscal impact statement, on the Board's website.

(e)(1)(A) If any registered qualified elector of the District of Columbia objects to the summary statement, short title, or legislative form of the initiative measure formulated by the Board pursuant to subsections (c) and (d) of this section, that person may seek review in the Superior Court of the District of Columbia within 10 calendar days from the date the Board publishes the summary statement, short title, and legislative form in the District of Columbia Register stating objections and requesting appropriate changes. The Superior Court of the District of Columbia shall expedite the consideration of this matter.

(B) If any registered qualified elector of the District of Columbia objects to the summary statement, short title, or legislative form of the referendum measure formulated by the Board pursuant to subsection (c) of this section, that person may seek review in the Superior Court of the District of Columbia within 10 calendar days from the date the Board publishes the summary statement, short title, and legislative form in at least one newspaper of general circulation stating objections and requesting appropriate changes. The Superior Court of the District of Columbia shall expedite the consideration of this matter.

(2) Should no review in the Superior Court of the District of Columbia be sought as provided in paragraph (1) of this subsection, the proposed summary statement, short title and legislative form shall be deemed to be accepted.

(3) Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorney’s fees to the proposer.

(f)(1) When the summary statement, short title, and legislative form of an initiative or referendum measure have been established pursuant to subsection (e) of this section, the Board shall certify their establishment and transmit a copy by certified mail and e-mail to the proposer.

(2) The established short title shall be the title of the measure in all petitions, ballots, and other related proceedings.

(3) The Board shall, upon the request of any person, make single copies of the approved short title, summary statement, and full legislative text available at no charge. Additional copies shall be made available at a nominal cost.

(g) Upon final establishment of the summary statement, short title, and legislative form of an initiative or referendum proposal, the Board shall prepare and provide to the proposer at a public meeting an original petition form which the proposer shall formally adopt as his or her own form. The proposer shall print from the original blank petition sheets on paper of good writing quality or shall utilize the mobile application made available under § 1-1001.05(a)(19). Each initiative or referendum petition sheet shall consist of one sheet providing numbered lines for printed names and signatures with residence addresses (street numbers) and ward numbers. Each petition sheet shall have printed on it, and each mobile application shall electronically display, the following information:

(1) A warning statement that declares that only duly registered voters of the District of Columbia may sign the petition;

(2) A statement that requests that the Board hold an election on the initiative or referendum measure that states the measure’s serial number and short title; and

(3) The text of the official summary and short title of the measure printed on the front of the petition sheet.

(g-1)(1) Petition sheets of proposers shall be filed with the Board in hard copy but may be electronically provided by the:

(A) Board to the proposers; and

(B) Proposers to qualified petition circulators.

(2) No signature on a petition sheet shall be invalidated because the signer was also the circulator of the same petition sheet on which the signature appears.

(h) Each petition sheet for an initiative or referendum measure shall contain an affidavit, made under penalty of perjury, in a form determined by the Board and signed by the circulator of that petition sheet which contains the following:

(1) The printed name of the circulator;

(2) The residence address of the circulator, giving the street number;

(3) That the circulator of the petition sheet was in the presence of each person when the appended signature was written;

(4) That according to the best information available to the circulator, each signature is the genuine signature of the person it purports to be;

(5) That the circulator of the initiative or referendum petition sheet was a qualified petition circulator at the time of circulation; and

(6) The dates between which the signatures to the petition were obtained.

(i)(1) In order for any initiative measure or referendum measure to qualify for the ballot for consideration by the electors of the District, the proposer of the initiative measure or referendum measure shall secure the valid signatures of registered qualified electors upon the initiative or referendum measure equal in number to 5% of the registered qualified electors in the District; provided, that the total signatures submitted include 5% of the registered qualified electors in each of 5 or more of the 8 wards.

(2) The number of registered qualified electors that is used for computing the requirements described in paragraph (1) of this subsection shall be consistent with the latest official count of registered qualified electors made by the Board 30 days prior to the submission of the signatures for the particular initiative or referendum petition.

(j)(1) A proposer of an initiative measure shall have 180 calendar days, beginning on the 1st calendar day immediately following the date upon which the Board certifies, according to subsection (f) of this section, that the petition form of such initiative measure is in its final form to secure the proper number of valid signatures needed on the initiative petition to qualify such a measure for the ballot, pursuant to subsection (i) of this section and to file such petition with the Board.

(2) A proposer of a referendum measure shall secure the proper number of valid signatures needed on the referendum petition to qualify such a measure for the ballot pursuant to subsection (i) of this section, and shall file such petition with the Board before the act, or part thereof, which is the subject of the referendum has become law according to the provisions of §§ 1-204.04 and 1-206.02(c). No act is subject to referendum if it has taken effect according to the provisions of § 1-206.02(c).

(3) The proposer may not begin circulating an initiative or referendum petition until the Board has certified pursuant to subsection (f) of this section that such petition is in its final form.

(k)(1) Upon submission of an initiative or referendum petition by the proposer to the Board, the Board shall refuse to accept the petition upon any of the following grounds:

(A) The petition is not in the proper form established in subsection (g) of this section;

(B) The time limitation established in subsection (j) of this section within which the petition may be circulated and submitted to the Board has expired;

(D) The petition sheets do not have attached to them the statements of the circulators as provided in subsection (h) of this section; or

(E) The petition was circulated by persons who were not qualified petition circulators at the time of circulation.

(2) In the case of refusal to accept a petition, the Board shall endorse on the petition the words “submitted but not accepted” and the date, and retain the petition pending appeal. If none of the grounds for refusal exists, the Board shall accept the petition.

(l) If the Board refuses to accept an initiative or referendum petition when submitted to it, the person or persons submitting such petition may apply, within 10 days after the Board’s refusal to accept such petition, to the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept such petition. The Superior Court of the District of Columbia shall expedite the consideration of the matter. If the Superior Court of the District of Columbia determines that the petition is legal in form and apparently meets the requirement for signatures, both as to number and as to ward distribution, prescribed in subsection (i) of this section, and was submitted within the time limitations established in subsection (j) of this section, and has attached to the petition the proper statements of the circulators prescribed in subsection (h) of this section, it shall issue an order requiring the Board to accept the petition as of the date of submission for filing. Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorneys’ fees to the proposer.

(m) Upon submission of a referendum petition to the Board, the Board shall notify the appropriate custodian of the act of the Council of the District of Columbia which is the subject of the referendum (either the President of the Senate and the Speaker of the House of Representatives) as provided in §§ 1-204.04 and 1-204.46 and the President of the Senate and the Speaker of the House of Representatives shall, as appropriate, return such act or part or parts of such act to the Chairman of the Council of the District of Columbia. No further action may be taken upon such act until after a referendum election is held. If, however, after the counting and validation procedure for signatures, which takes place pursuant to subsection (o) of this section, the referendum measure fails to meet the percentage and distribution requirements for signatures established in subsection (i) of this section, the act which was the subject of the referendum shall be again transmitted to the Congress for any remaining period of review as provided in § 1-206.02(c).

(n) When the Board accepts an initiative or referendum petition, whether in the normal course or at the direction of a court, the Board may detach, in the presence of the person submitting the petition or his or her designated representative, if he or she desires to be present, the sheets containing the signatures, and cause all of them to be firmly attached to 1 or more printed copies of the proposed initiative or referendum measure in such books or volumes as will be most convenient for counting, canvassing, and validating names and signatures.

(o)(1) After acceptance of an initiative or referendum petition, the Board shall certify, within 30 calendar days after such petition has been accepted, whether or not the number of valid signatures on the initiative or referendum petition meets the qualifying percentage and ward distribution requirements established in subsection (i) of this section, and whether or not the necessary number of names and signatures of registered qualified electors of the District of Columbia, properly distributed by wards, appear on the initiative or referendum petition. This certification may be by a bona fide random and statistical sampling method. If the Board finds that the same person has signed a petition for the same initiative or referendum measure more than once, it shall count only 1 signature of such person. If a person who signs a petition is found to be a qualified registered elector in a ward other than that which was indicated on the petition sheet, such person shall be counted from the correct ward in determining whether or not an initiative or referendum measure qualifies for the ballot. Two persons representing the proposer(s) may be present during the counting and validation procedures. Should a political committee or committees exist in opposition to a particular proposed initiative or referendum measure, 2 persons representing such committee or committees may be present during the counting and validation procedures. The Board shall post, by making available for public inspection, petitions for initiatives or referenda, or facsimiles thereof, in the office of the Board, for 10 days, including Saturdays, Sundays, and holidays, beginning on the 3rd day after the petitions are filed. Any qualified elector may, within such 10-day period, challenge the validity of any petition, by a written statement duly signed by the challenger and filed with the Board, specifying concisely the alleged defects in such petition. The provisions of § 1-1001.08(o)(2) shall be applicable to such challenge. The Board may issue supplemental rules concerning the challenge of such petitions.

(2) For the purpose of verifying a signature on any petition filed pursuant to this section, the Board shall first determine that the address on the petition is the same as the residence shown on the signer’s voter registration record. If the address is different, the signature shall not be counted as valid unless the Board’s records show that the person was registered to vote from the address listed on the petition at the time the person signed the petition.

(p)(1) After determining that the number and validity of signatures on the initiative or referendum petition meet the qualification standards established under this section, the Board shall certify the sufficiency of the initiative or referendum petition and shall certify that the initiative or referendum measure will appear on the ballot. The Board shall conduct an election on an initiative measure at the next primary, general, or city-wide special election held at least 90 days after the date on which the measure has been certified as qualified to appear on the ballot. The Board shall conduct an election on a referendum measure within 114 days after the date the measure has been certified as qualified to appear on the ballot. In the case of a referendum measure, if a previously scheduled general, primary, or special election will occur between 54 and 114 days after the date the measure has been certified as qualified to appear on the ballot, the Board may present the referendum measure at that election.

(2) The Board shall publish the established legislative text of an initiative or referendum measure in no less than 2 newspapers of general circulation in the District of Columbia within 30 calendar days after the date upon which the Board certifies, pursuant to paragraph (1) of this subsection, that the measure has qualified for appearance on an election ballot.

(q)(1) Upon qualification of an initiative measure, the Board shall place on the ballot the serial number of the initiative and its short title and summary statement in substantially the following form:

INITIATIVE MEASURE No.
(SHORT TITLE)
(SUMMARY STATEMENT)
FOR Initiative Measure No.
AGAINST Initiative Measure No.

(2) Upon qualification of a referendum measure, the Board shall place on the ballot the serial number of the referendum measure and its short title and summary statement in substantially the following form:

REFERENDUM MEASURE No.
(SHORT TITLE)
(SUMMARY STATEMENT)

(A) If the referendum concerns whether the registered voters of the District of Columbia approve or reject the act, then the ballot shall state:

Shall the registered voters of the District of Columbia approve or reject Act (insert Act number)?

YES, to approve

NO, to reject.

(B) If the referendum concerns part or parts of an act, then the ballot shall state:

Shall the registered voters of the District of Columbia approve or reject sections (insert section(s) that is the subject of the referendum measure) of Act (insert Act number)?

YES, to approve

NO, to reject.

(r)(1) An initiative measure which has been ratified by a majority of the registered qualified electors voting on the measure shall not take effect until the end of the 30-day congressional review period (excluding Saturdays, Sundays and holidays, and any day on which neither House is in session because of an adjournment sine die, a recess of more than 3 days or an adjournment of more than 3 days) beginning on the day such measure is transmitted to the Speaker of the House of Representatives and the President of the Senate, and then only if during such 30-day period both Houses of Congress do not adopt a concurrent resolution disapproving such initiated act. Upon certification by the Board that the initiative measure has been ratified, the Chairman of the Council shall forthwith transmit the measure to the Speaker of the House of Representatives and to the President of the Senate.

(2) If a majority of the registered qualified electors voting in a referendum on an act or part or parts thereof vote to disapprove the act or part or parts thereof, then such action shall be deemed a rejection of the act or part or parts thereof, and no action by the Council of the District of Columbia may be taken on such act or part thereof for 365 days following the date when the Board certifies the vote concerning the referendum.

(s) If provisions of 2 or more initiative or referendum measures which have been approved by the registered qualified electors at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail over the conflicting provision of the other measure.

(Aug. 12, 1955, 69 Stat. 704, ch. 862, § 16; as added June 7, 1979, D.C. Law 3-1, § 2(c), 25 DCR 9454; Mar. 16, 1982, D.C. Law 4-88, § 2(k), (o), (q), (s), 29 DCR 458; Mar. 16, 1988, D.C. Law 7-92, § 3(n), 35 DCR 716; May 10, 1989, D.C. Law 7-231, § 5, 36 DCR 492; Mar. 11, 1992, D.C. Law 9-75, § 2(e), 39 DCR 310; Feb. 5, 1994, D.C. Law 10-68, § 7(c), 40 DCR 6311; Sept. 22, 1994, D.C. Law 10-173, § 2(g), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(e), 42 DCR 1547; March 31, 2000, D.C. Law 13-64, § 2, 46 DCR 9219; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(6), 59 DCR 1862; Oct. 17, 2013, D.C. Law 20-31, § 2(c), 60 DCR 11535; Oct. 8, 2016, D.C. Law 21-160, § 1072(c), 63 DCR 10775; Mar. 16, 2021, D.C. Law 23-192, § 2(l), 68 DCR 001073; Apr. 6, 2023, D.C. Law 24-342, § 3(j), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1320.

1973 Ed., § 1-1116.

Section References

This section is referenced in § 1-1001.07, § 1-1001.11, § 1-1001.14, § 1-1001.17, § 1-1021.03, § 1-1021.04, and § 1-1163.11.

Effect of Amendments

D.C. Law 13-64, rewrote par. (5) of subsec. (h), which previously read: “That the circulator of such initiative or referendum petition sheet is a qualified registered elector of the District of Columbia; and”; and rewrote subpar. (E) of par. (1) of subsec. (k), which previously read: “The petition was circulated by persons who were not qualified registered electors of the District of Columbia pursuant to subsection (h) of this section.”

D.C. Law 19-124, in subsec. (b)(1)(A), substituted “§§ 1-1163.07 and 1-1163.09” for “§§ 1-1102.04 and 1-1102.06”.

The 2013 amendment by D.C. Law 20-31 substituted “was a qualified petition circulator at the time of circulation” for “is a resident of the District of Columbia and at least 18 years of age; and” in (h)(5); and substituted “qualified petition circulators” for “residents of the District of Columbia and at least 18 years of age” in (k)(1)(E).

Cross References

Political committees, statements of organization, required disclosures, see § 1-1102.04.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 804(e) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 804(e) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 804(e) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90-day) amendment of section, see § 2 of the Petition Circulation Requirements Emergency Amendment Act of 1999 (D.C. Act 13-51, April 6, 1999, 46 DCR 3636).

For temporary (90-day) amendment of section, see § 2 of the Petition Circulation Requirements Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-284, March 7, 2000, 47 DCR 2031).

For temporary (90 day) amendment of section, see § 401(g)(6) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary amendment of (h)(5) and (k), see § 2(b) of the Board of Elections Petition Circulation Requirements Emergency Amendment Act of 2012 (D.C. Act 19-587, January 7, 2013, 60 DCR 977).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 804 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 day) amendment of section, see § 2 of the Petition Circulation Requirements Temporary Amendment Act of 1999 (D.C. Law 13-14, July 17, 1999, law notification 46 DCR 6311).

§ 1–1001.17. Recall process.

(a) The provisions of this section shall govern the recall of all elected officers of the District of Columbia except the Delegate to the Congress from the District of Columbia.

(b)(1) Any registered qualified elector or electors desiring to initiate the recall of an elected officer shall file a notice of intention to recall that officer with the Board, which contains the following information:

(A) The name and title of the elected officer sought to be recalled;

(B) A statement not to exceed 200 words in length, giving the reasons for the proposed recall;

(D) An affidavit that each proposer is:

(i) A registered qualified elector in the election ward of the elected officer whose recall is sought, if that officer was elected to represent a ward;

(ii) A registered qualified elector in the District of Columbia, if the officer whose recall is sought was elected at-large; or

(iii) A registered qualified elector in the single-member district of an Advisory Neighborhood Commissioner whose recall is sought.

(2) A separate notice of intention shall be filed for each officer sought to be recalled.

(c)(1) No recall proceedings shall be initiated for an elected officer during the 1st 365 days nor during the last 365 days of the elected officer's term of office.

(2) The recall process for an elected officer may not be initiated within 365 days after a recall election has been determined in the elected officer's favor.

(3) In the case of an Advisory Neighborhood Commissioner, no recall proceedings shall be initiated during the first 6 months or the last 6 months of the Commissioner’s term of office, nor within 6 months after a recall election has been decided in favor of the Commissioner.

(d)(1) The Board shall serve, in person or by certified mail, the notice of intention to recall to the elected officer sought to be recalled within 5 calendar days.

(2) The elected officer sought to be recalled may file with the Board, within 10 calendar days after the filing of the notice of intention to recall, a response of not more than 200 words, to the statement of the proposer of recall. If an answer is filed, the Board shall serve immediately a copy of that response to the proposer named in the notice of intention to recall.

(3) The statement contained in the notice of intention to recall and the elected officer’s response are intended solely for the information of the voters. No insufficiency in form or substance of such statement shall affect the validity of the election proceedings.

(e) Upon filing with the Board the notice of intention of recall and the elected officer’s response, the Board shall prepare and provide to the proponent an original petition form which the proposer shall formally adopt as the proponent's own form. The proponent shall print from the original blank petition sheets on paper of good writing quality or shall utilize the mobile application made available under § 1-1001.05(a)(19). Each recall petition sheet shall be double sided and consist of numbered lines for 20 names and signatures with residence address (street numbers), and, where applicable, the ward numbers. Each petition sheet shall have printed on it, and each mobile application shall electronically display, the following information:

(1) A warning statement that declares that only duly registered electors of the District of Columbia may sign the petition;

(2) The name of the elected officer sought to be recalled and the office which the elected officer holds;

(3) A statement that requests that the Board hold a recall election in a manner prescribed in §§ 1-204.111 to 1-204.115;

(4) The name and address of the proposer or proposers of the recall; and

(5) The statement of grounds for the recall and the response of the officer sought to be recalled, if any. If the officer sought to be recalled has not responded, the petition shall so state.

(f) Each petition sheet or sheets for recall shall have attached to it, at the time of submission to the Board, a statement made under penalties of perjury, in a form determined by the Board signed by the circulator of that petition which contains the following:

(1) The printed name of the circulator;

(2) The residence address of the circulator giving the street and number;

(3) That the circulator of the petition form was in the presence of each person when the appended signature was written;

(4) That according to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be;

(5) That the circulator of the recall petition was a qualified petition circulator at the time of circulation; and

(6) The dates between which all the signatures to the petition were obtained.

(g) The proposer of a recall shall have 180 days or, in the case of a proposed recall of an Advisory Neighborhood Commissioner, 60 days, beginning on the date when the proponent of the recall formally adopts the original petition form as the proponent's own form pursuant to subsection (e) of this section, to circulate the recall petition and file the petition with the Board.

(h)(1) A recall petition for an elected officer from a ward shall include the valid signatures of 10 percent of the registered qualified electors of the ward from which the officer was elected. The 10 percent shall be computed from the total number of the qualified registered electors from such ward according to the latest official count of the registered qualified electors made by the Board 30 days prior to the date of initial submission to the Board of the notice of intention to recall.

(2) A recall petition for an at-large elected official shall contain the signatures of registered qualified electors in number equal to 10 percent of the registered qualified electors in the District of Columbia: Provided, that the total signatures submitted include 10 percent of the registered electors in each of 5 or more of the 8 wards. The 10 percent shall be computed from the total number of registered qualified electors from the District of Columbia according to the same procedures established in paragraph (1) of this subsection.

(3) A recall petition for an elected officer from a single-member district shall include the valid signatures of 10% of the registered qualified electors of the single-member district from which the officer was elected, except when the elected officer has missed all regularly scheduled meetings of the Advisory Neighborhood Commission of which the single-member district is a part for at least a three-month period, in which case the recall petition must only include the valid signatures of 5% of the registered qualified electors of the single-member district from which the officer was elected. The 5% or 10% shall be computed from the total number of registered qualified electors from the single-member district in accordance with the same procedures established in paragraph (1) of this subsection.

(i) Upon the submission of a recall petition by the proposer to the Board, the Board shall refuse to accept the petition upon any of the following grounds:

(1) Except in the case of a recall petition for an Advisory Neighborhood Commissioner, the financial disclosure statement of the proposer has not been filed pursuant to §§ 1-1163.07 and 1-1163.09;

(2) The petition is not the proper form established in subsection (e) of this section;

(3) The restrictions for initiating the recall process established in subsection (c) of this section were not observed;

(4) The time limitation established in subsection (g) of this section within which the recall petition may be circulated and submitted to the Board has expired;

(5) The petition clearly bears on its face an insufficient number of signatures to qualify for the ballot; or

(6) The petition was circulated by persons who were not qualified petition circulators at the time of circulation.

(j)(1) If the Board refuses to accept the recall petition when submitted to it, the proposer submitting such petition to the Board may appeal, within 10 days after the Board’s refusal, to the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept such recall petition. The Superior Court of the District of Columbia shall expedite the consideration of the matter. If the Superior Court of the District of Columbia determines that the petition is legal in form and apparently meets the requirements established under this section, it shall issue an order requiring the Board to accept the petition as of the date of submission.

(2) Should the Superior Court of the District of Columbia hold in favor of the proposer, it may award court costs and reasonable attorney’s fees to the proposer.

(k)(1) After the acceptance of a recall petition, the Board shall certify, within 30 calendar days after such petition has been filed, whether or not the number of valid signatures on the recall petition meets the qualifying percentage and ward distribution requirements established in subsection (h) of this section and whether or not the necessary number of signatures of registered qualified electors of the District of Columbia, properly distributed by wards, appears on the petition. This certification may be made by a bona fide random and statistical sampling method. In a case in which an officer elected from a ward is sought to be recalled, if a person who signs a recall petition for that elected officer is found not to be a registered qualified elector in the ward indicated on the petition, that name and signature shall not be counted toward determining whether or not the recall measure qualifies. In a case in which an officer elected at-large is sought to be recalled, if a person who signs a recall petition for that elected officer is found to be a registered qualified elector in a ward other than what was indicated on the petition sheet, such person shall be counted from the correct ward in determining whether or not a recall measure for an at-large elected officer qualified. In a case in which an Advisory Neighborhood Commissioner is sought to be recalled, if a person who signs a petition to recall that Advisory Neighborhood Commissioner is found not to be a registered qualified elector in the single-member district indicated on the petition, the person’s name and signature shall not be counted toward determining whether or not the recall measure qualifies. If the Board finds that the same person has signed a petition for the same recall measure more than once, it shall count only 1 signature of such person. Two persons representing the petitioner(s) seeking the recall and 2 persons representing the elected officer sought to be recalled may be present to observe during the counting and validating procedure.

(2) The Board shall post, within 3 calendar days after the acceptance of a recall petition, whether in the normal course or at the direction of a court, by making available for public inspection in the office of the Board, the petition for the recall measure or facsimile. Any registered qualified elector, during a 10-day period (including Saturdays, Sundays, and holidays, except that with respect to a petition to recall a member of an Advisory Neighborhood Commission SMD, the 10-day period shall not include Saturdays, Sundays, and holidays), beginning on the day the recall petition was posted by the Board, may challenge the validity of such petition by a written statement duly signed by the challenger and filed with the Board, specifying concisely the alleged defects in the petition. The provisions of § 1-1001.08(o)(2) shall be applicable to a challenge and the Board may establish any necessary rules and regulations consistent that concerns the process of the challenge.

(3) For the purpose of verifying a signature on any petition filed pursuant to this section, the Board shall first determine that the address on the petition is the same as the residence shown on the signer’s voter registration record. If the address is different, the signature shall not be counted as valid unless the Board’s records show that the person was registered to vote from the address listed on the petition at the time the person signed the petition.

(l)(1) After determining that the number and validity of signatures in the recall petition meet the requirements established in this section, and that determination is upheld if challenged, the Board shall certify the sufficiency of such recall petition. The Board shall conduct a special election to determine whether the elected officer who is the subject of the recall shall be removed from office within 114 days after the date the petition to recall has been certified as to its sufficiency. If a previously scheduled general, primary, or special election will occur between 54 and 114 days after the date the petition to recall has been certified as to its sufficiency, the Board may present the recall measure at that election.

(2) If the elected officer who is the subject of the recall represents a particular ward, the recall election shall be conducted only in that ward.

(3) If the elected officer who is the subject of the recall is an Advisory Neighborhood Commissioner, the recall election shall be conducted only in that single-member district. A special election called to consider the recall of an Advisory Neighborhood Commissioner shall not be considered an election for the purposes of § 1-1001.16(p).

(4) Notwithstanding any other provision of this subchapter for a special election called to consider the recall of an Advisory Neighborhood Commissioner, the Board shall determine the number and location of ballot drop boxes and Vote Centers used.

(m) The Board shall place the recall measure on the ballot in substantially the following form:

FOR the recall of (insert the name of the elected officer and the office

held)

AGAINST the recall of (insert the name of the elected officer and the office held)

(n) Based on the results of the special election held to decide the outcome of the recall measure, the elected officer sought to be recalled shall be removed from that office: Provided, that a majority of the qualified electors voting in the recall election vote to remove the elected officer. The vacancy, as created by the removal, shall be filled in the same manner as other vacancies, as provided in §§ 1-204.01(b)(3) and (d), 1-204.21(c)(2), 1-309.06(d), and 1-1001.10.

(Aug. 12, 1955, 69 Stat. 704, ch. 862, § 17; as added June 7, 1979, D.C. Law 3-1, § 2(d), 25 DCR 9454; Mar. 16, 1982, D.C. Law 4-88, § 2(l), (n)-(q), (s), 29 DCR 458; Mar. 16, 1988, D.C. Law 7-92, § 3(o), 35 DCR 716; Mar. 6, 1991, D.C. Law 8-203, § 2, 37 DCR 8420; Mar. 11, 1992, D.C. Law 9-75, § 2(f), 39 DCR 310; Sept. 22, 1994, D.C. Law 10-173, § 2(h), (i), 41 DCR 5154; Apr. 18, 1996, D.C. Law 11-110, § 5(b), 43 DCR 530; Apr. 9, 1997, D.C. Law 11-255, § 6(b), 44 DCR 1271; June 27, 2000, D.C. Law 13-135, § 6, 47 DCR 2741; Feb. 4, 2010, D.C. Law 18-103, § 2(j), 56 DCR 9169; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(7), 59 DCR 1862; Oct. 17, 2013, D.C. Law 20-31, § 2(d), 60 DCR 11535; Oct. 8, 2016, D.C. Law 21-160, § 1072(d), 63 DCR 10775; Mar. 16, 2021, D.C. Law 23-192, § 2(m), 68 DCR 001073; Apr. 6, 2023, D.C. Law 24-342, § 3(k), 69 DCR 14609.)

Prior Codifications

1981 Ed., § 1-1321.

1973 Ed., § 1-1117.

Section References

This section is referenced in § 1-123, § 1-1001.07, § 1-1001.09, § 1-1001.11, § 1-1001.14, § 1-1021.04, and § 1-1163.11.

Effect of Amendments

D.C. Law 13-135 rewrote par. (3) of subsec. (h), which formerly read:

“A recall petition for an elected officer from a single-member district shall include the valid signatures of 10% of the registered qualified electors of the single-member district from which the officer was elected. The 10% shall be computed from the total number of registered qualified electors from the single-member district in accordance with the same procedures established in paragraph (1) of this subsection.”

D.C. Law 18-103 rewrote subsec. (g), which had read as follows: “(g) The proposer of a recall shall have 180 days, or, in the case of a proposed recall of an Advisory Neighborhood Commissioner, 60 days, beginning on the date when the elected officer has filed with the Board his or her response to the proposer’s notice of intention to recall pursuant to subsection (d)(2) of this section, to circulate the recall petition and file such petition with the Board. If the elected officer sought to be recalled files no response to the notice of intention to recall, the time limitation shall begin on the deadline date for a response established in subsection (d)(2) of this section.”

D.C. Law 19-124, in subsec. (i)(1), substituted “§§ 1-1163.07 and 1-1163.09” for “§§ 1-1102.04 and 1-1102.06”.

The 2013 amendment by D.C. Law 20-31 substituted “was a qualified petition circulator at the time of circulation; and” for “is a registered elector of the electoral jurisdiction of the officer sought to be recalled; and” in (f)(5); and rewrote (i)(6), which read: “The petition was circulated by persons who, if the officer sought to be recalled was elected at-large, were not qualified registered electors of the District of Columbia or if the officer sought to be recalled was elected from a ward, qualified registered electors of that ward, or if the officer sought to be recalled was elected from an Advisory Neighborhood Commission SMD, qualified registered electors of that SMD.”

Cross References

Constitutional convention, assembly, approval or rejection of proposed constitution, election and recall of representatives elected to Congress, see § 1-123.

Political committees, statements of organization, required disclosures, see § 1-1102.04.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(j) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 401(g)(7) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary amendment of (i)(6), see § 2(c) of the Board of Elections Petition Circulation Requirements Emergency Amendment Act of 2012 (D.C. Act 19-587, January 7, 2013, 60 DCR 977).

§ 1–1001.18. Enforcement of subchapter; penalties.

(a) Recommendations of criminal or civil, or both, violations of this subchapter shall be presented by the General Counsel to the Board in accordance with the rules and regulations adopted by the Board in accordance with the provisions of subchapter I of Chapter 5 of Title 2.

(b) Any person who violates any provision of this subchapter may be assessed a civil penalty for each violation of not more than $2,000 by the Board pursuant to subsection (d) of this section. For the purposes of this section, each day of noncompliance with an order of the Board shall constitute a separate offense.

(c) A person who aids, abets, or participates in the violation of any provision of this subchapter shall be subject to a civil penalty not to exceed $1,000.

(d)(1) A civil penalty shall be assessed by the Board by order. An order assessing a civil penalty may be issued only after the person charged with a violation has been given an opportunity for a hearing and the Board has determined, by a decision incorporating its findings of facts, that a violation did occur, and the amount of the penalty. Any hearing under this section shall be on the record and shall be held in accordance with subchapter I of Chapter 5 of Title 2.

(2) If a person against whom a civil penalty is assessed fails to pay the penalty, the Board shall file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be sent by registered or certified mail to the respondent and the respondent's attorney of record, and the Board shall certify and file in court the record upon which the order sought to be enforced was issued. The court shall have jurisdiction to enter a judgment enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order and the decision of the Board, or it may remand the proceedings to the Board for further action as it may direct. The court may determine de novo all issues of law, but the Board's findings of fact, if supported by substantial evidence, shall be conclusive.

(e) For the purposes of this subchapter, actions of an agent acting for a candidate shall be imputed to the candidate; provided, that the actions of the agent may not be imputed to the candidate in the presence of a provision of law requiring a willful and knowing violation of this subchapter, unless the agency relationship to engage in the act is shown by clear and convincing evidence.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 18; as added Mar. 13, 2019, D.C. Law 22-250, § 5(e), 66 DCR 985.)

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the creation of this section by § 5(e) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Subchapter II. Election Wards.

§ 1–1011.01. Election wards.

(a)(1) Not later than 10 days after receiving the official report of the federal decennial census (“census report”) for the District of Columbia (“District”) by the United States Bureau of the Census, the Mayor shall transmit the census report to the Council, including all information pertaining to the official total population of the District and the official population size of each of the census tracts, census blocks, and election wards in the District.

(2) The Mayor and the District of Columbia Board of Elections and Ethics (“Board”) shall provide the Council with technical and analytical services necessary for decennial redistricting, including but not limited to, statistical and demographic analysis of official census data and production of computerized election district maps.

(3) The Mayor and the Board shall make available to the public, at cost, copies of the census data base and any maps to be used for redistricting in hard copy or machine readable form.

(b) The Council shall, by act after public hearing, make any adjustment in the boundaries of election wards that is necessary as a result of population shifts and changes, not later than 90 days after the Council’s receipt of the census report, or not later than July 14th of the year in which the census report is received, whichever is later.

(c) The Council shall divide the District into 8 compact and contiguous election wards, each of which shall be approximately equal in population size.

(d) The total District population and the population of the District’s defined sub-units, as determined by the census report, or any official adjustment of the census report, shall be the exclusive permissible population data for apportionment of election wards.

(e) The boundaries of each of the 8 election wards shall conform to the greatest extent possible with the boundaries of the census tracts that are established by the United States Bureau of the Census.

(f) No redistricting plan or proposed amendment to a redistricting plan shall result in district populations with a deviation range more than 10% or a relative deviation greater than plus-or-minus 5%, unless the deviation results from the limitations of census geography or from the promotion of a rational public policy, including but not limited to respect for the political geography of the District, the natural geography of the District, neighborhood cohesiveness, or the development of compact and contiguous districts.

(g) No redistricting plan or proposed amendment to a redistricting plan shall be considered if the plan or amendment has the purpose and effect of diluting the voting strength of minority citizens.

(h) Except as may otherwise be provided in § 1-1041.03, any adjustment made less than 180 days prior to a regularly scheduled election shall not be effective for that election, or, if that election is a primary election, for the general election following the primary election.

Subchapter III. Provisions Relating to 1978 Amendments.

§ 1–1021.01. Timeliness of action.

For purposes of this or any other act administered by the Board of Elections and Ethics, if the final date for any action falls on a Saturday, Sunday, or legal holiday, such action shall be considered timely if taken on the next regular business day immediately thereafter; provided, that if the action is required for compliance with the Uniformed and Overseas Citizens Absentee Voter Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.), and the final date for completing the action falls on a Saturday, Sunday, or legal holiday, it shall be considered timely if taken on the immediately preceding regular business day.

(June 7, 1979, D.C. Law 3-1, § 6, 25 DCR 9454; May 2, 2015, D.C. Law 20-273, § 3, 62 DCR 1938.)

Prior Codifications

1981 Ed., § 1-1322.

1973 Ed., § 1-1118.

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 added “provided, that if the action is required for compliance with the Uniformed and Overseas Citizens Absentee Voter Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.), and the final date for completing the action falls on a Saturday, Sunday, or legal holiday, it shall be considered timely if taken on the immediately preceding regular business day.”

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

References in Text

“This ____ act,” referenced in this section is the Initiative, Referendum and Recall Procedures Act of 1979, effective June 7, 1979, D.C. Law 3-1.

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Acts administered by Board: Chapter 13 (except §§ 1-207.52 and 1-1011.01) and Chapter 11 of Title 1 are administered by the Board of Elections and Ethics.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1021.02. Issuance of rules and regulations.

The Board of Elections and Ethics shall issue rules and regulations to effect the provisions of this act, in accordance with the District of Columbia Administrative Procedure Act (§ 2-501 et seq.).

§ 1–1021.03. Applicability of § 1-1001.16 to initiative petitions circulated on or after October 1, 1978, and before June 7, 1979.

With respect to any initiative petition circulated on or after October 1, 1978, and before June 7, 1979, that is presented to or offered for filing to the Board of Elections and Ethics, § 1-1001.16 shall apply: Except, that:

(1) The provisions of subsections (h)(1), (j)(1), (j)(3), (k)(1)(B) and (k)(1)(C) of § 1-1001.16 shall not be applied in the case of such petition;

(2) Subsection (b) of § 1-1001.16 shall not apply to the extent that it would require the assignment and use of a serial number prior to the circulation and filing of such petition;

(3) Subsections (c) through (f) of § 1-1001.16 shall not apply to the extent that they would require the approval of a summary statement, short title, and legislative form for an initiative measure prior to the circulation and filing of such petitions; and

(4) Subsection (g) of § 1-1001.16 shall not apply to such petition: Provided, however, that each sheet of the petition shall include a statement declaring that each person signing must be or is a registered voter in the District of Columbia.

§ 1–1021.04. Effective date.

This act shall take effect at the end of the 30-day period provided for the Congressional review of acts of the Council of the District of Columbia in § 1-206.02(c)(1): Provided, however, that no initiative, referendum or recall measure may be initiated as provided in §§ 1-1001.16 and 1-1001.17 until on or after October 1, 1978.

Subchapter IV. Multilingual Election Materials.

§ 1–1031.01. “Non-English speaking person” defined.

As used in this section, the term “non-English speaking person” shall mean a person whose native speaking language is a language other than English, and who continues to use his or her native language as his or her primary means of oral and written communication.

§ 1–1031.02. Election materials to be supplied in Non-English language and in English.

(a) In election wards in the District of Columbia in which non-English speaking persons who speak the same language constitute 5 percent or more of the eligible voting population, as determined by the Statistical Office of the District of Columbia government, the Board of Elections and Ethics (hereinafter in this section referred to as the “Board”) shall cause all election materials, including, but not limited to, ballots, voting instructions, and voter pamphlets, to be supplied in both the native language of such non-English speaking eligible voters and English.

(b) The Board may by regulation adopt lesser percentages of non-English speaking persons in a particular ward or precinct who would be sufficient to obtain election materials in a language other than English, and may by regulation, establish procedures to allow non-English speaking persons to participate in the electoral process where such non-English speaking persons do not constitute 5 percent or more of the eligible voting population in 1 ward or precinct.

Subchapter V. Election Area Boundaries.

§ 1–1041.01. Establishment of ward task forces on Advisory Neighborhood Commissions.

(a) Each member of the Council of the District of Columbia (“Council”) elected from a ward shall appoint a broadly-based ward task force on Advisory Neighborhood Commissions (“ward task force”) for his or her ward.

(b) In appointing the members of a ward task force, each Councilmember shall give full consideration to assuring fair representation for all racial and ethnic minorities, women, and geographical areas in his or her ward.

(c) Each member of a ward task force shall be a registered voter and resident of the ward for which his or her ward task force is appointed.

(d) Each member of the Council elected at-large and the Chairman of the Council may appoint a person to each ward task force.

(e) Ward task force members shall serve until the ward task force files its final report with the Council unless the Council, by resolution, extends the term of the ward task force.

(f) Each ward task force member shall serve without compensation.

§ 1–1041.02. Report of ward task forces.

(a)(1) Each ward task force shall submit a report to the Council not later than 90 days after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) of legislation that reapportions the boundaries of the election wards pursuant to § 1-1011.01.

(2) The Mayor and the District of Columbia Board of Elections and Ethics (“Board”) shall provide each ward task force with technical and analytical services necessary for decennial redistricting, including, but not limited to, statistical and demographic analysis of official census data and production of computerized election district maps.

(3) The Mayor and the Board shall make available to the public, at cost, copies of the census data base and any maps to be used for redistricting in hard copy or machine readable form.

(b) The report submitted by a ward task force shall contain:

(1) Alternative recommendations for the adjustment of the boundaries of Advisory Neighborhood Commission area and single-member districts for that ward; and

(2) Other recommendations with respect to the operation of advisory neighborhood commissions.

(c) In developing its report, each ward task force shall comply with the requirements of this section and the requirements of § 1-309.03.

(d) The total District population and the population of defined sub-units of the District population as determined by the federal decennial census, or any official adjustment to the federal decennial census, shall be the exclusive permissible population data for apportionment of single-member districts.

(e) No redistricting plan or proposed amendment to a redistricting plan shall result in district populations with a deviation range greater than 10% or a relative deviation greater than plus-or-minus 5%, unless the deviation results from the limitations of census geography or from the promotion of a rational public policy, including, but not limited to, respect for the political geography of the District, the natural geography of the District, neighborhood cohesiveness, or the development of compact and contiguous districts.

(f) No redistricting plan or proposed amendment to a redistricting plan shall be considered if the plan or amendment has the purpose and effect of diluting the voting strength of minority citizens.

§ 1–1041.03. Adoption of election ward boundaries effective January 1, 2022.

(a) Notwithstanding § 1-1011.01(h), and notwithstanding any other provision of law, the Council adopts the following election ward boundaries to be effective January 1, 2022, and to be used in all elections held after February 1, 2022, in the District of Columbia:

WARD 1

Starting at the intersection of a line projected from Rock Creek to Piney Branch Parkway, N.W.; thence in an easterly direction along said Piney Branch Parkway, N.W., to Sixteenth Street, N.W.; thence in a southerly direction along said Sixteenth Street, N.W., to Spring Road, N.W.; thence in an easterly direction along said Spring Road, N.W., to New Hampshire Avenue, N.W.; thence in a northeasterly direction along said New Hampshire Avenue, N.W., to Rock Creek Church Road, N.W.; thence in an easterly direction along said Rock Creek Church Road, N.W., to Park Place, N.W.; thence in a southerly direction along said Park Place, N.W., to Michigan Avenue, N.W.; thence in an easterly direction along said Michigan Avenue, N.W., to First Street, N.W.; thence in a southerly direction along said First Street, N.W., to Bryant Street, N.W.; thence in a westerly direction along said Bryant Street, N.W., to Second Street, N.W.; thence in a southerly direction along said Second Street, N.W., to Rhode Island Avenue, N.W.; thence in a westerly direction along said Rhode Island Avenue, N.W., to New Jersey Avenue, N.W.; thence in a northerly direction along said New Jersey Avenue, N.W., to Florida Avenue, N.W.; thence in a northwesterly direction along said Florida Avenue, N.W., to T Street, N.W.; thence in a westerly direction along said T Street, N.W., to Wiltberger Street, N.W; thence in a southerly direction along said Wiltberger Street, N.W., to S Street, N.W., thence in a westerly direction along said S Street N.W. to Fourteenth Street, N.W.; thence in a northerly direction along said Fourteenth Street, N.W., to U Street, N.W.; thence in a westerly direction along said U Street, N.W., to Florida Avenue, N.W.; thence in a southwesterly direction along said Florida Avenue, N.W., to Connecticut Avenue, N.W.; thence in a northwesterly direction along said Connecticut Avenue, N.W., to the center line of Rock Creek; thence in a northeasterly direction along said center line of Rock Creek to the intersection of a line projected from the end of Piney Branch Parkway, N.W.; and thence in an easterly direction along said projected line to the point of beginning at its intersection with Piney Branch Parkway, N.W.

WARD 2

Starting at the intersection of Connecticut Avenue, N.W., and the center line of Rock Creek; thence in a southeasterly direction along said Connecticut Avenue, N.W., to Florida Avenue, N.W.; thence in a northeasterly direction along said Florida Avenue, N.W., to U Street, N.W.; thence in an easterly direction along said U Street, N.W., to Fourteenth Street, N.W.; thence in a southerly direction along said Fourteenth Street, N.W., to S Street, N.W.; thence in an easterly direction along said S Street, N.W., to Wiltberger Street, N.W.; thence in a northerly direction along said Wiltberger Street, N.W., to T Street, N.W.; thence in an easterly direction along said T Street, N.W., to Florida Avenue, N.W.; thence in an southeasterly direction along said Florida Avenue, N.W., to New Jersey Avenue, N.W.; thence in a southeasterly direction along said New Jersey Avenue, N.W., to New York Avenue, N.W.; thence in a southwesterly direction along said New York Avenue, N.W., to Seventh Street, N.W.; thence in a southerly direction along said Seventh Street, N.W., to Massachusetts Avenue, N.W.; thence in a southeasterly direction along said Massachusetts Avenue, N.W., to Fifth Street, N.W.; thence in a southerly direction along said Fifth Street, N.W., to Indiana Avenue, N.W.; thence in a southwesterly direction along said Indiana Avenue, N.W., to Sixth Street, N.W.; thence in a southerly direction along said Sixth Street, N.W., to Pennsylvania Avenue, N.W.; thence in a southeasterly direction along said Pennsylvania Avenue, N.W., to Third Street, N.W.; thence in a southerly direction along said Third Street, N.W., and Third Street, S.W., to Independence Avenue, S.W.; thence in a westerly direction along said Independence Avenue, S.W., to Fourteenth Street, S.W.; thence in a southerly direction along said Fourteenth Street, S.W., to the northern boundary of Interstate 395; thence in a westerly direction along said northern boundary of Interstate 395 to the Commonwealth of Virginia-District of Columbia boundary line at the Commonwealth of Virginia shore of the Potomac River; thence in a northwesterly direction along said boundary line to its intersection with a projected line extending the eastern boundary of Glover Archbold Park south to the Commonwealth of Virginia shore of the Potomac River; thence in a northerly direction along said projected line to the southeast corner of Glover Archbold Park; thence in a northerly direction along the eastern boundary of Glover Archbold Park to its intersection with the southern boundary of the eastern leg of Glover Archbold Park; thence in an easterly direction along the southern boundary of the eastern leg of Glover Archbold Park to Whitehaven Parkway, N.W.; thence in an easterly direction along said Whitehaven Parkway, N.W., to Thirty-Fifth Street, N.W.; thence in a northerly direction along said Thirty-Fifth Street, N.W., to Wisconsin Avenue, N.W.; thence in a southeasterly direction along said Wisconsin Avenue, N.W., to Whitehaven Street, N.W.; thence in a northeasterly direction along said Whitehaven Street, N.W., to the northwest boundary of Dumbarton Oaks Park; thence in a northerly direction along said northwest boundary of Dumbarton Oaks Park to Whitehaven Street, N.W.; thence in an easterly direction along said Whitehaven Street, N.W., to Massachusetts Avenue, N.W.; thence in a southeasterly direction along said Massachusetts Avenue, N.W., to the center line of Rock Creek; and thence in a northeasterly direction along said center line of Rock Creek to the point of beginning at its intersection with Connecticut Avenue, N.W.

WARD 3

Starting at the intersection of the State of Maryland-District of Columbia boundary line and Broad Branch Road, N.W.; thence in a southerly direction along said Broad Branch Road, N.W., to Twenty-Seventh Street, N.W.; thence in a northerly direction along said Twenty-Seventh Street, N.W., to Military Road, N.W.; thence in an easterly direction along said Military Road, N.W., to the center line of Rock Creek; thence in a southerly direction along said center line of Rock Creek to its intersection with Massachusetts Avenue, N.W.; thence in a northwesterly direction along said Massachusetts Avenue, N.W., to Whitehaven Street, N.W.; thence in a westerly direction along said Whitehaven Street, N.W., to the northwestern boundary of Dumbarton Oaks Park; thence in a westerly direction along said northwestern boundary of said Dumbarton Oaks Park to Whitehaven Street, N.W.; thence in a southwesterly direction along said Whitehaven Street, N.W., to Wisconsin Avenue, N.W.; thence in a northwesterly direction along said Wisconsin Avenue, N.W., to Thirty-Fifth Street, N.W.; thence in a southerly direction along said Thirty-Fifth Street, N.W., to Whitehaven Parkway, N.W.; thence in a westerly direction along said Whitehaven Parkway, N.W., to the southern boundary of the eastern leg of Glover Archbold Park; thence in a westerly direction along said southern boundary of the eastern leg of Glover Archbold Park to a point where it intersects with the eastern boundary of Glover Archbold Park; thence in a southerly direction along such eastern boundary to the southeast corner of Glover Archbold Park; thence in a southerly direction along a line projected from the southeast corner of Glover Archbold Park to the Commonwealth of Virginia shore of the Potomac River; thence in a northwesterly direction along the Commonwealth of Virginia-District of Columbia boundary line where it follows said Commonwealth of Virginia shore of the Potomac River to the western corner of the District of Columbia; and thence in a northeasterly direction along the State of Maryland-District of Columbia boundary line to the point of beginning at its intersection with Broad Branch Road, N.W.

WARD 4

Starting at the intersection of the State of Maryland-District of Columbia boundary line and Broad Branch Road, N.W.; thence in a southerly direction along said Broad Branch Road, N.W., to Twenty-Seventh Street, N.W.; thence in a northerly direction along said Twenty-Seventh Street, N.W., to Military Road, N.W.; thence in an easterly direction along said Military Road, N.W., to the center line of Rock Creek; thence in a southerly direction along said center line of Rock Creek to the intersection of a line projected from the end of Piney Branch Parkway, N.W.; thence in a northeasterly direction along said projected line to Piney Branch Parkway, N.W.; thence in an easterly direction along said Piney Branch Parkway, N.W., to Sixteenth Street, N.W.; thence in a southerly direction along said Sixteenth Street, N.W., to Spring Road, N.W.; thence in an easterly direction along said Spring Road, N.W., to New Hampshire Avenue, N.W.; thence in a northeasterly direction along said New Hampshire Avenue, N.W., to Rock Creek Church Road, N.W.; thence in a northeasterly direction along said Rock Creek Church Road, N.W., to North Capitol Street; thence in a northerly direction along said North Capitol Street to Riggs Road, N.E.; thence in a northeasterly direction along said Riggs Road, N.E., to South Dakota Avenue, N.E.; thence in a southeasterly direction along said South Dakota Avenue, N.E., to Kennedy Street, N.E.; thence in an easterly direction along said Kennedy Street, N.E., to its intersection with the State of Maryland-District of Columbia boundary line; thence in a northwesterly direction along said boundary line to the northern corner of the District of Columbia; and thence in a southwesterly direction along said boundary line to the point of beginning at its intersection with Broad Branch Road, N.W.

WARD 5

Starting at the intersection of First Street, N.W., and Michigan Avenue, N.W.; thence in a southerly direction along said First Street, N.W., to Bryant Street, N.W.; thence in a westerly direction along said Bryant Street, N.W., to Second Street, N.W.; thence in a southerly direction along said Second Street, N.W., to Rhode Island Avenue, N.W.; thence in a westerly direction along said Rhode Island Avenue, N.W., to New Jersey Avenue, N.W.; thence in a southerly direction along said New Jersey Avenue, N.W., to New York Avenue, N.W.; thence in an easterly direction along said New York Avenue, N.W., and New York Avenue, N.E., to Florida Avenue, N.E.; thence in an easterly direction along said Florida Avenue, N.E., to Benning Road, N.E.; thence in an easterly direction along said Benning Road, N.E., to the center line of the Anacostia River; thence in a northerly direction along said center line of the Anacostia River to its intersection with the State of Maryland-District of Columbia boundary line; thence in a northwesterly direction along said boundary line to Kennedy Street, N.E.; thence in a westerly direction along said Kennedy Street, N.E., to South Dakota Avenue, N.E.; thence in a northwesterly direction along said South Dakota Avenue, N.E., to Riggs Road, N.E.; thence in a westerly direction along Riggs Road, N.E., to North Capitol Street; thence in a southerly direction along said North Capitol Street to Rock Creek Church Road, N.W.; thence in a southwesterly direction along said Rock Creek Church Road, N.W., to Park Place, N.W.; thence in a southerly direction along said Park Place, N.W., to Michigan Avenue, N.W.; and thence in an easterly direction along said Michigan Avenue, N.W., to the point of beginning at its intersection with First Street, N.W.

WARD 6

Starting at the intersection of Florida Avenue, N.E., and New York Avenue, N.E.; thence in a southwesterly direction along said New York Avenue, N.E., and New York Avenue, N.W., to Seventh Street, N.W.; thence in a southerly direction along said Seventh Street, N.W., to Massachusetts Avenue, N.W.; thence in a southeasterly direction along said Massachusetts Avenue, N.W., to Fifth Street, N.W.; thence in a southerly direction along said Fifth Street, N.W., to Indiana Avenue, N.W.; thence in a southwesterly direction along said Indiana Avenue, N.W., to Sixth Street, N.W.; thence in a southerly direction along said Sixth Street, N.W., to Pennsylvania Avenue, N.W.; thence in a southeasterly direction along said Pennsylvania Avenue, N.W., to Third Street, N.W.; thence in a southerly direction along said Third Street, N.W., and Third Street, S.W., to Independence Avenue, S.W.; thence in a westerly direction along said Independence Avenue, S.W., to Fourteenth Street, S.W.; thence in a southerly direction along said Fourteenth Street, S.W., to the northern boundary of Interstate 395; thence in a westerly direction along said northern boundary of Interstate 395 to the Commonwealth of Virginia-District of Columbia boundary line at the Commonwealth of Virginia shore of the Potomac River; thence in a southerly direction along said boundary line to its intersection with a center line projection of the Anacostia River; thence in a northeasterly direction along said center line projection of the Anacostia River to South Capitol Street; thence in a northerly direction along said South Capitol Street to M Street, S.E.; thence in an easterly direction along said M Street, S.E., to New Jersey Avenue, S.E.; thence in a northerly direction along said New Jersey Avenue, S.E., to H Street S.E.; thence in an easterly direction along said H Street, S.E., to Virginia Avenue, S.E.; thence in a southeasterly direction along the border of the southern right-of-way of said Virginia Avenue, S.E., to Ninth Street, S.E.; thence continuing southeast on a projection line of the southern right-of-way of Virginia Avenue, S.E., to its intersection with the western boundary of Square 952; thence in a clockwise direction around said boundary of Square 952 to its northeast corner; thence in an easterly direction along a line projecting due east from said northeast corner of Square 952 to Eleventh Street, S.E.; thence in a southerly direction along said Eleventh Street, S.E., to a center line projection of the Anacostia River; thence in a northeasterly direction along said center line of the Anacostia River to a line extending from the Northern boundary of Congressional Cemetery; thence in a westerly direction along said line extending from the northern boundary of Congressional Cemetery to the northern boundary of Congressional Cemetery; thence in a westerly and northerly direction along the said northern boundary of Congressional Cemetery, to E Street, S.E.; thence in a westerly direction along said E Street, S.E., to Eighteenth Street, S.E.; thence in a northerly direction along said Eighteenth Street, S.E., to Potomac Avenue, S.E.; thence in a southwesterly direction along said Potomac Avenue, S.E., to Fifteeth Street, S.E.; thence in a northerly direction along said Fifteenth Street, S.E., and Fifteenth Street, N.E., to Florida Avenue N.E.; thence in a northwesterly direction along said Florida Avenue N.E., to the point of beginning at its intersection with New York Avenue, N.E.

WARD 7

Starting at the intersection of the State of Maryland-District of Columbia boundary line and the center line of the Anacostia River; thence in a southerly direction along the center line of said Anacostia River to Benning Road, N.E.; thence in a westerly direction along said Benning Road, N.E., to Fifteenth Street, N.E.; thence in a southerly direction along said Fifteenth Street, N.E., and Fifteenth Street, S.E., to Potomac Avenue, S.E.; thence in a northeasterly direction along said Potomac Avenue, S.E., to Eighteenth Street, S.E.; thence in a southerly direction along said Eighteenth Street, S.E., to E Street, S.E.; thence in an easterly direction along said E Street, S.E., to the northern boundary of Congressional Cemetery; thence in a southerly and easterly direction along the northern boundary of Congressional Cemetery to the easternmost point of Congressional Cemetery; thence in an easterly direction along a line extending east from the northern boundary of Congressional Cemetery to the center line of the Anacostia River; thence in a southwesterly direction along said center line of the Anacostia River to its intersection with Pennsylvania Avenue, S.E.; thence in a southeasterly direction along a projected line connecting to the intersection of Nicholson Street, S.E., and Anacostia Drive, S.E.; thence in a southeasterly direction along said Nicholson Street, S.E., to Minnesota Avenue, S.E.; thence in a northeasterly direction along said Minnesota Avenue, S.E., to Twenty-Fifth Street, S.E.; thence in a southerly direction along said Twenty-Fifth Street, S.E., to Naylor Road, S.E.; thence in a southerly direction along said Naylor Road, S.E., to the State of Maryland-District of Columbia boundary line; thence in a northeasterly direction along said boundary line to the eastern corner of the District of Columbia; and thence in a northwesterly direction along said boundary line to the point of beginning at its intersection with the center line of the Anacostia River.

WARD 8

Starting at the intersection of the Commonwealth of Virginia-District of Columbia boundary line on the Commonwealth of Virginia shore of the Potomac River with the projection of the center line of the Anacostia River; thence in a northeasterly direction along said center line projection of the Anacostia River to South Capitol Street; thence in a northerly direction along said South Capitol Street to M Street, S.E.; thence in an easterly direction along said M Street, S.E., to New Jersey Avenue, S.E.; thence in a northerly direction along said New Jersey Avenue, S.E., to H Street, S.E.; thence in an easterly direction along said H Street, S.E., to Virginia Avenue, S.E.; thence in a southeasterly direction along the border of the southern right-of-way of said Virginia Avenue, S.E., to Ninth Street, S.E.; thence continuing southeast on a projection line of the southern right-of-way of Virginia Avenue, S.E., to its intersection with the western boundary of Square 952; thence in a clockwise direction around said boundary of Square 952 to its northeast corner; thence in an easterly direction along a line projecting due east from said northeast corner of Square 952 to Eleventh Street, S.E.; thence in a southerly direction along said Eleventh Street, S.E., to the center line of the Anacostia River; thence in a northeasterly direction along said center line of the Anacostia River to Pennsylvania Avenue, S.E.; thence in a southeasterly direction along a projected line connecting to the intersection of Nicholson Street, S.E., and Anacostia Drive, S.E.; thence in a southeasterly direction along said Nicholson Street, S.E., to Minnesota Avenue, S.E.; thence in a northeasterly direction along said Minnesota Avenue, S.E., to Twenty-Fifth Street, S.E.; thence in a southerly direction along said Twenty-Fifth Street, S.E., to Naylor Road, S.E.; thence in a southerly direction along said Naylor Road, S.E., to the State of Maryland-District of Columbia boundary line; thence in a southwesterly direction along said boundary line to the southern corner of the District of Columbia on the Commonwealth of Virginia shore of the Potomac River; thence in a northerly direction along the Commonwealth of Virginia-District of Columbia boundary line to the point of beginning at its intersection with the projection of the center line of the Anacostia River.

(b) Except where otherwise stated, the ward boundary line is the center of the street.

(Mar. 16, 1982, D.C. Law 4-87, § 4, 29 DCR 433; Aug. 17, 1991, D.C. Law 9-26, § 2, 38 DCR 4198; Mar. 11, 1992, D.C. Law 9-65, § 2, 39 DCR 8; Oct. 2, 2001, D.C. Law 14-27, § 2, 48 DCR 6380; Nov. 16, 2011, D.C. Law 19-38, § 2, 58 DCR 5823; Sept. 26, 2012, D.C. Law 19-171, § 147, 59 DCR 6190; Feb. 24, 2022, D.C. Law 24-74, § 2, 69 DCR 000010; July 12, 2022, D.C. Law 24-147, §§ 174, 175, 69 DCR 003386.)

Prior Codifications

1981 Ed., § 1-1333.

Section References

This section is referenced in § 7-1671.06, § 25-340.01, § 25-342, § 25-343, § 25-345, § 25-346, and § 25-374.

Effect of Amendments

D.C. Law 14-27 rewrote the section.

The 2012 amendment by D.C. Law 19-171 added “Notwithstanding § 1-1011.01(h), and notwithstanding any other provision” in the introductory language of (a); substituted “to N Street, N.W.; thence east along said N Street, N.W., to Kirby Street, N.W.; thence south along said Kirby Street, N.W., to New York Avenue, N.W.; thence in an easterly direction along said New York Avenue, N.W.” for “to New York Avenue, N.W.; thence in an easterly direction along said New York Avenue, N.W.” in the boundary description for Ward V in (a); and substituted “thence along a line connecting to the intersection of Nicholson Street, S.E., and Anacostia Drive, S.E.; thence south along said Nicholson Street, S.E., to Minnesota Avenue, S.E.; thence in a northerly direction along said Minnesota Avenue, S.E.” for “thence in an easterly direction along said Pennsylvania Avenue, S.E.” in the boundary description for Ward VIII in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Ward Redistricting Technical Corrections Emergency Amendment Act of 2022 (D.C. Act 24-333, Feb. 25, 2022, 69 DCR 001462).

For temporary (90 days) amendment of this section, see § 2 of Ward Redistricting Technical Corrections Emergency Amendment Act of 2022 (D.C. Act 24-333, Feb. 25, 2022, 69 DCR 001462).

For temporary (90 days) amendment of this section, see § 2 of Ward Redistricting Emergency Amendment Act of 2021 (D.C. Act 24-264, Dec. 29, 2021, 69 DCR 000001).

For temporary (90 day) amendment of section, see §§ 2, 4 of Ward Redistricting Emergency Amendment Act of 2011 (D.C. Act 19-218, November 4, 2011, 58 DCR 9464).

For temporary (90 day) amendment of section, see § 2 of Ward Redistricting Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-311, February 21, 2012, 59 DCR 1699).

Temporary Legislation

Section 2 of D.C. Law 19-92, in subsec. (a), substituted “Notwithstanding section 2(h) of the Boundaries Act of 1975, effective December 16, 1975 (D.C. Law 1-38; D.C. Official Code § 1-1011.01(h)), and notwithstanding any other provision, the Council” for “The Council”,; in the boundaries for Ward 5 in subsec. (a), substituted “to N Street, N.W.; thence east along said N Street, N.W., to Kirby Street, N.W.; thence south along said Kirby Street, N.W., to New York Avenue, N.W.; thence in an easterly direction along said New York Avenue, N.W.,” for “to New York Avenue, N.W.; thence in an easterly direction along said New York Avenue, N.W.,”; in the boundaries for Ward 8 in subsec. (a), substituted “thence along a line connecting to the intersection of Nicholson Street, S.E., and Anacostia Drive, S.E.; thence south along said Nicholson Street, S.E., to Minnesota Avenue, S.E.; thence in a northerly direction along said Minnesota Avenue, S.E.,” for “thence in an easterly direction along said Pennsylvania Avenue, S.E.,”; and added subsec. (c) to read as follows: “(c) The election ward boundaries set forth in subsection (a) of this section that become effective January 1, 2012, shall apply for the purpose of determining the ward residence of a person signing a nominating petition for the April 3, 2012 primary election during the period from November 14, 2011 through December 31, 2011.”.

Section 4(b) of D.C. Law 19-92 provided that the act shall expire after 225 days of its having taken effect.

§ 1–1041.04. Residency requirement.

No official elected from any ward or from any single-member district shall be required to forfeit his or her office solely by reason of a change in boundaries which places the residence of such official outside the ward or single-member district from which he or she was elected. Such official shall be permitted to complete his or her term of office, but in future elections he or she may be a candidate only in the ward or single-member district in which he or she resides.

Subchapter VI. National Popular Vote Interstate Agreement.

§ 1–1051.01. Enactment.

Agreement Among The States To Elect The President By National Popular Vote.

ARTICLE I MEMBERSHIP Any State of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.

ARTICLE II RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR PRESIDENT AND VICE PRESIDENT Each member state shall conduct a statewide popular election for President and Vice President of the United States.

ARTICLE III MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each State of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a “national popular vote total” for each presidential slate.

The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the “national popular vote winner.”

The presidential elector certifying official of each member state shall certify the appointment in that official’s own state of the elector slate nominated in that state in association with the national popular vote winner.

At least 6 days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the chief election official of each other member state.

The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state’s final determination conclusive as to the counting of electoral votes by Congress.

In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official’s own state.

If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state’s number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state’s presidential elector certifying official shall certify the appointment of such nominees.

The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.

This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.

ARTICLE IV OTHER PROVISIONS This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.

Any member state may withdraw from this agreement, except that a withdrawal occurring 6 months or less before the end of a President’s term shall not become effective until a President or Vice President shall have been qualified to serve the next term.

The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official’s state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.

This agreement shall terminate if the Electoral College is abolished.

If any provision of this agreement is held invalid, the remaining provisions shall not be affected.

ARTICLE V DEFINITIONS For the purposes of this agreement, the term:

“Chief election official” shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate;

“Chief executive” shall mean the Governor of a State of the United States or the Mayor of the District of Columbia;

“Elector slate” shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;

“Presidential elector” shall mean an elector for President and Vice President of the United States;

“Presidential elector certifying official” shall mean the state official or body that is authorized to certify the appointment of the state’s presidential electors;

“Presidential slate” shall mean a slate of 2 persons, the first of whom has been nominated as a candidate for President of the United States and the second of whom has been nominated as a candidate for Vice President of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state;

“State” shall mean a State of the United States and the District of Columbia; and

“Statewide popular election” shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.

Subchapter VII. Uniform Military and Overseas Voters Act.

§ 1–1061.01. Short title.

This subchapter may be cited as the “Uniform Military and Overseas Voters Act of 2012.”

§ 1–1061.02. Definitions.

For the purposes of this subchapter, the term:

(1) “Board” means the Board of Elections and Ethics, established by § 1-1001.03.

(2) “Covered voter” means:

(A) A uniformed-service voter or an overseas voter who is registered to vote in the District;

(B) A uniformed-service 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 residency 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 was born outside the United States, is not described in subparagraphs (C) or (D) of this paragraph, and, except for a District residency requirement, otherwise satisfies the District’s voter eligibility requirements if:

(i) Before leaving the United States, the voter’s last place of residence was with a parent or legal guardian who resided within the District; and

(ii) The voter has not previously registered to vote in any other state.

(3) “Dependent” means an individual recognized as a dependent of a uniformed service voter.

(4) “District” means the District of Columbia.

(5) “Federal postcard application” means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. § 1973ff(b)(2)).

(6) “Federal write-in absentee ballot” means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925; 42 U.S.C. § 1973ff-2).

(7) “Military-overseas ballot” means:

(A) A federal write-in absentee ballot;

(B) A ballot specifically prepared or distributed for use by a covered voter in accordance with this subchapter; or

(8) “Overseas voter” means a United States citizen who is outside the United States.

(9) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(10) “Uniformed service” means:

(A) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(B) 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; or

(11) “Uniformed-service voter” means 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 of the United States 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;

(D) A spouse or dependent of a member referred to in this paragraph.

(12) “United States,” used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

§ 1–1061.03. Elections covered.

The voting procedures in this subchapter apply to:

(1) A general, special, or primary election for President, Vice President, or District of Columbia Delegate to the United States House of Representatives;

(2) Repealed;

(3) Repealed; and

(4) Repealed.

(June 5, 2012, D.C. Law 19-137, § 103, 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 4(a), 62 DCR 1938.)

Section References

This section is referenced in § 1-1061.09 and § 1-1061.11.

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 repealed (2)-(4).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Uniform Law: This section is based on § 3 of the Uniform Military and Overseas Voters Act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1061.04. Role of Board.

(a) The Board is responsible for implementing this subchapter and the District’s responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. 1973ff et seq.).

(b) The Board shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.

(c) The Board shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this subchapter.

(d) The Board shall:

(1) Develop standardized absentee-voting materials, including privacy and transmission envelopes, authentication materials, and voting instructions to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in the District; and

(2) Repealed.

(e) The Board shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter’s identity, eligibility to vote, status as a covered voter, and timely and proper completion of an overseas-military ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this subchapter. The Board shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

(June 5, 2012, D.C. Law 19-137, § 104, 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 4(b), 62 DCR 1938.)

Section References

This section is referenced in § 1-1061.06 and § 1-1061.07.

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 repealed (d)(2).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Uniform Law: This section is based on § 4 of the Uniform Military and Overseas Voters Act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1061.05. Overseas voter’s registration address.

In registering to vote, an overseas voter who is eligible to vote in the District must be assigned to the voting precinct of the address of the last place of residence of the voter in the District, or, in the case of a voter described by § 1-1061.02(2)(E), the address of the last place of residence in the District of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter must be assigned an address for voting purposes.

§ 1–1061.06. Methods of registering to vote.

(a) To apply to register to vote, a covered voter may use a federal postcard application or the application’s electronic equivalent, or any other method approved under federal law.

(b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote if the declaration is received by 21 days before the election.

(c) The Board shall ensure that the electronic transmission system described in § 1-1061.04(c) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to register to vote.

§ 1–1061.07. Methods of applying for military-overseas ballot.

(a) A covered voter who is registered to vote in the District may apply for a military-overseas ballot using either the regular absentee ballot application on the form prescribed by the Board or the federal postcard application or the application’s electronic equivalent.

(b) A covered voter who is not registered to vote in the District may use a federal postcard application or the application’s electronic equivalent to apply to register to vote under § 1-1061.06 and for a military-overseas ballot.

(c) The Board shall ensure that the electronic transmission system described in § 1-1061.04(c) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to apply for a military-overseas ballot.

(d) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the Board by the 7th day before the election.

(e) To receive the benefits of this subchapter, a covered voter must inform the Board that the voter is a covered voter. Methods of informing the Board that a voter is a covered voter include:

(1) The use of a federal postcard application or federal write-in absentee ballot;

(2) The use of an overseas address on an approved voter registration application or ballot application; and

(3) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.

(f) This subchapter does not preclude a covered voter from voting with a regular absentee ballot as authorized by the Board.

§ 1–1061.08. Timeliness and scope of application for military-overseas ballot. [Repealed]

Repealed.

(June 5, 2012, D.C. Law 19-137, § 108, 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 4(c), 62 DCR 1938.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 repealed this section.

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Uniform Law: This section is based on § 8 of the Uniform Military and Overseas Voters Act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1061.09. Transmission of unvoted ballots.

(a) For an election described in § 1-1061.03 for which the District has not received a waiver pursuant to section 102(g)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925; 42 U.S.C. § 1973ff-1(g)(2)), no later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, no later than the business day preceding the 45th day, the Board shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.

(b) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the District, Internet delivery. The Board shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.

(c) If a ballot application from a covered voter arrives after the District begins transmitting ballots and balloting materials to voters, the Board shall transmit the ballot and balloting materials to the voter no later than 2 business days after the application arrives.

§ 1–1061.10. Timely casting of ballot.

To be valid, a military-overseas ballot must be postmarked or otherwise proven to have been sent on or before the day of the election, and received by the Board of Elections no later than the 10th day after the election.

(June 5, 2012, D.C. Law 19-137, § 110, 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 4(d), 62 DCR 1938; Dec. 24, 2019, D.C. Law 23-36, § 3, 66 DCR 14304; Apr. 6, 2023, D.C. Law 24-342, § 4, 69 DCR 14609.)

Section References

This section is referenced in § 1-1061.12.

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 substituted “received by the Board of Elections no later than 8:00 p.m. on the date of the election” for “submitted by the voter on the date of the election by mailing or other authorized means of delivery no later than 12:01 a.m. at the place where the voter completes the ballot.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 806 of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 806 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 806 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 806 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Uniform Law: This section is based on § 10 of the Uniform Military and Overseas Voters Act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1061.11. Federal write-in absentee ballot.

A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in § 1-1061.03.

§ 1–1061.12. Receipt of voted ballot. [Repealed]

Repealed.

(June 5, 2012, D.C. Law 19-137, § 112, 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 4(e), 62 DCR 1938.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 repealed this section.

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Uniform Law: This section is based on § 12 of the Uniform Military and Overseas Voters Act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1061.13. Declaration.

A military-overseas ballot must include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of making a false statement under the laws of the District.

§ 1–1061.14. Confirmation of receipt of application and voted ballot.

The Board shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether:

(1) The voter’s federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

(2) The voter’s military-overseas ballot has been received and the current status of the ballot.

§ 1–1061.15. Use of voter’s electronic-mail address.

(a) The Board shall request an electronic-mail address from each covered voter who registers to vote after June 5, 2012. An electronic-mail address provided by a covered voter, or by any other District voter, may not be made available to the public or any individual or organization other than an authorized agent of the Board and is exempt from disclosure under subchapter II of Chapter 5 of Title 2. The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter’s mailing address and physical location. The request for an electronic-mail address must describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.

(b) A covered voter who provides an electronic-mail address may request that the voter’s application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year of the date of the application or another shorter period that the voter specifies. The Board shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election.

§ 1–1061.16. Publication of election notice.

(a) At least 60 days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the Board shall prepare an election notice, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal and District offices that as of that date the Board expects to be on the ballot on the date of the election. The notice also must contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter’s choice for each office to be filled and for each ballot measure to be contested.

(b) A covered voter may request a copy of an election notice. The Board shall send the election notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.

(c) No later than 45 days before an election, the Board shall update the election notice described in subsection (a) of this section with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.

(d) The Board shall make the election notice prepared under subsection (a) of this section and updated versions of the election notice regularly available on the Board’s Internet website.

(June 5, 2012, D.C. Law 19-137, § 116, 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 4(f), 62 DCR 1938.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 substituted “60 days” for “100 days” in (a).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Uniform Law: This section is based on § 16 of the Uniform Military and Overseas Voters Act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1061.17. Prohibition of nonsubstantive requirements.

(a) If a voter’s mistake or omission in the completion of a document under this subchapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, shall not invalidate a document submitted under this subchapter. In a write-in ballot authorized by this subchapter or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernable under the District’s uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.

(b) Notarization is not required for the execution of a document under this subchapter. An authentication, other than the declaration specified in § 1-1061.13 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for the execution of a document under this subchapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.

§ 1–1061.18. Equitable relief.

The Superior Court of the District of Columbia may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with or to enforce this subchapter on application by:

(1) A covered voter alleging a grievance under this subchapter; or

(2) An election official in the District.

§ 1–1061.19. Uniformity of application and construction. [Repealed]

Repealed.

(June 5, 2012, D.C. Law 19-137, § 119, 59 DCR 2542; May 2, 2015, D.C. Law 20-273, § 4(g), 62 DCR 1938.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-273 repealed this section.

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-273, § 5, see § 21 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

Editor's Notes

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Uniform Law: This section is based on § 19 of the Uniform Military and Overseas Voters Act.

The Budget Director of the Council of the District of Columbia has determined that the fiscal effect of D.C. Law 20-273 has been included in an approved budget and financial plan.

§ 1–1061.20. Relation to Electronic Signatures in Global and National Commerce Act.

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000, (114 Stat. 464; 15 U.S.C. § 7001 et seq.) (“Act”), but does not modify, limit, or supersede section 101(c) of that Act (15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in section 103(b) of that Act (15 U.S.C. § 7003(b) ).