Washington, DC Glossary

§ 4–555.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Actual address" means a participant's residential, work, or school address, or a combination thereof, as specified on an applicant's application to participate in the Program.

(2) "Applicant" means a District resident who:

(A) Submits or intends to submit an application to OVSJG to participate in the Program; and

(B) Is a victim of a covered offense or a covered employee.

(3) "Application assistant" means a person trained and designated by OVSJG to assist an applicant or an applicant's representative in the preparation of an application to participate in the Program.

(4) "Covered employee" means an individual, including a volunteer, who provides services at an organization:

(A) That focuses on reproductive healthcare; or

(B) Whose primary purpose is serving victims of a covered offense.

(5) "Covered offense" means domestic violence, a sexual offense, stalking, or human trafficking.

(6) "Day" means calendar day, unless otherwise specified in this subchapter.

(7) "District agency" means any office, department, division, board, commission, or other unit of the District government, including an independent agency, required by law or by the Mayor or the Council to administer any law or any rule adopted under the authority of a law.

(8) "Domestic violence" shall have the same meaning as provided in § 4-551(1).

(9) "Human trafficking" means an act prohibited by § 22-1833 or § 22-1834.

(10) "Law enforcement agency" means the Metropolitan Police Department, the Office of the Attorney General, or any other District agency, except the Office of the Chief Medical Examiner and the Department of Forensic Sciences, that has the authority to investigate, make arrests for, or prosecute or adjudicate District criminal or delinquency offenses. The term "law enforcement agency" includes a covered Federal law enforcement agency, as that term is defined in § 5-133.17(d), that has entered into a cooperative agreement with the Metropolitan Police Department pursuant to § 5-133.17, to the extent the covered Federal law enforcement agency is acting pursuant to the cooperative agreement.

(11) "OVSJG" means the Office of Victim Services and Justice Grants.

(12) "Participant" means an applicant who is certified under § 4-555.03.

(13) "Program" means the Address Confidentiality Program established by this subchapter to protect the confidentiality of an actual address of a participant.

(14) "Representative" means a parent, guardian, or legal representative of:

(A) A minor, if the minor resides with the parent, guardian, or legal representative; or

(B) An incapacitated person.

(15) "Sexual offense" means any of the following offenses:

(A) Incest, as described in § 22-1901);

(B) First degree sexual abuse, as described in § 22-3002;

(C) Second degree sexual abuse, as described in § 22-3003;

(D) Third degree sexual abuse, as described in § 22-3004;

(E) Fourth degree sexual abuse, as described in § 22-3005;

(F) Misdemeanor sexual abuse, as described in § 22-3006;

(G) First degree sexual abuse of a secondary education student, as described in § 22-3009.03;

(H) Second degree sexual abuse of a secondary education student, as described in § 22-3009.04;

(I) First degree sexual abuse of a ward, patient, client, or prisoner, as described in § 22-3013;

(J) Second degree sexual abuse of a ward, patient, client, or prisoner, as described in § 22-3014;

(K) First degree sexual abuse of a patient or client, as described in § 22-3015;

(L) Second degree sexual abuse of a patient or client, as described in § 22-3016; or

(M) Attempts to commit sexual offenses, as described in § 22-3018.

(16) "Stalking" means an act prohibited by § 22-3133.

(17) "Substitute address" means an address designated by OVSJG under the Program that can be used by a participant or a participant's representative pursuant to this subchapter, instead of the participant's actual address.

(18) "Tribunal" means a court, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter.

(July 3, 2018, D.C. Law 22-118, § 101, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 101 of D.C. Law 22-118 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.

§ 4–555.02. Establishment of the Address Confidentiality Program.

(a) There is established the Address Confidentiality Program to be administered by OVSJG to protect the confidentiality of the actual address of a participant.

(b) Under the Program, OVSJG shall:

(1) Designate a substitute address for a participant that shall be used as provided in this subchapter; and

(2) Receive first-class, certified, and registered mail sent to a participant's substitute address and forward the mail to the participant or the participant's representative within 3 business days after receipt.

(c) OVSJG shall maintain records of any certified or registered mail received on behalf of a participant.

(d) A participant's actual address shall not be disclosed under subchapter II of Chapter 5 of Title 2.

(July 3, 2018, D.C. Law 22-118, § 102, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 102 of D.C. Law 22-118 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.

§ 4–555.03. Program applications and certification of participants.

(a) OVSJG shall:

(1) Establish a training program for a person to complete before the person may be designated as an application assistant; and

(2) Designate application assistants to assist an applicant or an applicant's representative in submitting an application to the Program.

(b) A person may be designated as an application assistant if the person successfully completes the training program established pursuant to subsection (a)(1) of this section and provides:

(1) Counseling, referral, or other services to victims of a covered offense; or

(2) Services at an organization that focuses on reproductive healthcare.

(c) To apply to participate in the Program, an applicant or an applicant's representative shall meet with an application assistant to fill out an application together.

(d) The application shall be on a form prescribed by OVSJG and contain the following:

(1) The applicant's name;

(2) Evidence that the applicant is a victim of a covered offense or is a covered employee, including at least one of the following:

(A) A sworn affidavit by the applicant or the applicant's representative, stating that the applicant:

(i) Is a victim of a covered offense or is a covered employee; and

(ii) Fears for her or his safety;

(B) Law enforcement agency or other District agency records or files;

(C) An order of a tribunal;

(D) If the applicant is alleged to be a victim of domestic violence, documentation from a domestic violence program or facility, including a shelter or safe house;

(E) If the applicant is alleged to be a victim of a sexual offense, documentation from a sexual assault program or facility;

(F) If the applicant is alleged to be a victim of human trafficking, documentation from a human trafficking program or facility, including a shelter or safe house;

(G) If the applicant is alleged to be a victim of stalking, documentation from a program or facility providing services for victims of stalking; or

(H) Documentation from a medical professional from whom the applicant has sought assistance in dealing with the alleged covered offense;

(3) A statement by the applicant or the applicant's representative that disclosure of the applicant's actual address would endanger the applicant's safety;

(4) The actual address that the applicant is seeking to have protected by OVSJG;

(5) A statement as to whether there are any existing orders or pending actions of a tribunal involving the applicant, and if so, describing those orders or actions;

(6) A statement designating the Director of OVSJG, or the Director's designee, as an agent for purposes of service of process and receiving mail;

(7) If applicable, the name and contact information of the applicant's representative; and

(8) A statement by the applicant or the applicant's representative, under penalty of perjury, that to the best of the applicant's or the applicant's representative's knowledge, the information contained in the application is true.

(e)(1) Before submitting an application to OVSJG, the application assistant may attach a statement to the application describing whether the application assistant believes the applicant to be a strong candidate for the Program, and the application assistant's reasoning.

(2) A completed application shall be signed and dated by the applicant or the applicant's representative and the application assistant.

(f) After reviewing a completed application, OVSJG shall certify an applicant to be a participant if the applicant:

(1) Meets the requirements of this subchapter; and

(2) Would benefit from participation in the Program.

(g) Upon certifying a participant, OVSJG shall issue to the participant or the participant's representative a Program authorization card, which shall identify the participant's substitute address.

(h)(1) A certification shall remain valid for 3 years following the date of certification unless the certification is cancelled by OVSJG or the participant or the participant's representative before the end of the 3-year period.

(2) At least 60 days before a participant's certification expires, OVSJG shall send the participant or the participant's representative written notice of the upcoming expiration.

(3) A certification may be renewed for an additional 2 years by filing a renewal application with the Director. The renewal application shall be signed and dated by the participant or the participant's representative and an application assistant. The renewal application shall contain a statement by the participant or the participant's representative, under penalty of perjury, that, to the best of the participant's or the participant's representative's knowledge, the information contained in the renewal application is true.

(i) If any of the information provided in an application or renewal application changes, including the participant's name, address, or telephone number, the participant or the participant's representative shall notify OVSJG within 30 days of the change.

(July 3, 2018, D.C. Law 22-118, § 103, 65 DCR 5064; May 10, 2019, D.C. Law 22-313, § 6(a), 66 DCR 1627.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 103 of D.C. Law 22-118 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.

§ 4–555.04. Certification cancellation.

(a) OVSJG may cancel a participant's certification if:

(1) The participant or the participant's representative fails to comply with the requirements of this subchapter; or

(2) Mail forwarded to the participant by OVSJG is returned as undeliverable.

(b) If the Director determines that there are grounds for cancelling the certification of a participant pursuant to subsection (a) of this section, the Director shall, at least 60 days before cancelling the participant's certification, send written notice of the upcoming cancellation to the participant or the participant's representative that explains the reasons for cancellation.

(c)(1) A participant or the participant's representative may cancel her or his certification at any time.

(2) If a participant or the participant's representative cancels the participant's certification because the participant is moving to another jurisdiction, the person or the person's representative may provide OVSJG with the new address, to which OVSJG shall continue to forward the person's mail for 30 days after the Director receives the person's new address.

(d) When a certification is canceled, regardless of the reason for the cancellation, the person who was a participant or the person's representative shall be responsible for notifying others that the certification was canceled and the person will no longer receive mail at the substitute address.

(July 3, 2018, D.C. Law 22-118, § 104, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 104 of D.C. Law 22-118 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.

§ 4–555.05. Address use by District agencies.

(a) Notwithstanding any other law, except as provided in this section, a participant or the participant's representative shall not be required to provide the participant's actual address for any purpose for which a District agency requires or requests a residential, work, or school address.

(b) Only a participant's actual address shall be used as part of a registration required by Chapter 40 of Title 22.

(c)(1) After a participant who is eligible to vote is certified to participate in the Program, unless the participant opts out, OVSJG shall send the participant's actual address and a copy of the participant's Program authorization card to the District of Columbia Board of Elections ("Board"), which the Board shall maintain.

(2) If a participant decides to vote, the participant shall vote by absentee ballot.

(3) If a participant decides to sign a petition to be filed with the Board, the participant may use her or his substitute address to sign the petition.

(d)(1) Only a participant's actual address shall be used on any document filed with the Office of Tax and Revenue.

(2) The Office of Tax and Revenue shall not index by a participant's name in any online database of the agency relating to:

(A) Assessment and tax information; and

(B) All recorded documents; provided, that a court order, a judgment, a lien, or any document related to debt collection that is not a security interest instrument, may be indexed by the participant's name.

(3) The participant's name may be included in any notice or index published by the Office of Tax and Revenue for the collection of debt, including taxes.

(4) This subsection shall not require the Office of Tax and Revenue to redact or otherwise erase a participant's name or address in any document or electronic record in its online database.

(5) Except as provided in this subsection, the Office of Tax and Revenue shall not disclose a participant's actual address, unless OVSJG permits disclosure pursuant to the rules issued under § 4-555.12.

(e)(1) Upon written request by a supervisor at the rank of sergeant or above of the Metropolitan Police Department ("MPD"), OVSJG shall provide a participant's actual address to MPD for law enforcement purposes only.

(2) MPD shall not publish a participant's actual address pursuant to § 5-113.06.

(f)(1) If a participant or a participant's representative is or becomes aware that a District agency has made public the participant's actual address, the participant or the participant's representative may submit a written request, along with a copy of the participant's Program authorization card, to the District agency, asking the District agency to remove any publicly accessible references to the participant's actual address.

(2) Upon receipt of a request pursuant to paragraph (1) of this subsection, the District agency shall remove publicly accessible references to the participant's actual address, including any references on the District agency's website, within 10 business days of receiving the request.

(3) This subsection shall not apply to the Office of Tax and Revenue.

(July 3, 2018, D.C. Law 22-118, § 105, 65 DCR 5064; May 10, 2019, D.C. Law 22-313, § 6(b), 66 DCR 1627.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 105 of D.C. Law 22-118 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.

§ 4–555.06. Requests by a District agency for disclosure of an actual address.

(a) A District agency may request disclosure of a participant's actual address from OVSJG pursuant to this section by sending a written request to OVSJG on the District agency's letterhead with the following information:

(1) The name of the participant for whom the District agency seeks disclosure of the actual address;

(2) An explanation of the reasons that the District agency is requesting the participant's actual address;

(3) A statement that the agency has adopted internal procedures that would ensure that the confidentiality of the participant's actual address will be protected; and

(4) Any other information that OVSJG may reasonably request to identify the participant in the records of OVSJG.

(b)(1) Upon the receipt of a request pursuant to this section, OVSJG shall provide the participant or the participant's representative with:

(A) Written notice of the request for disclosure received pursuant to this section; and

(B) An opportunity to express whether the request should be granted.

(2) Paragraph (1) of this subsection shall not apply if the request for disclosure is made by a law enforcement agency investigating alleged criminal or delinquent conduct by the participant or when complying with paragraph (1) of this subsection would jeopardize an ongoing investigation or the safety of law enforcement personnel.

(c)(1) Within 30 days after receiving a request under this section, OVSJG shall determine whether to grant the request.

(2)(A) Upon making a determination under paragraph (1) of this subsection, OVSJG shall provide the participant or the participant's representative with written notice describing whether the request is being granted or denied.

(B) Subparagraph (A) of this paragraph shall not apply if the request for disclosure is made by a law enforcement agency investigating alleged criminal or delinquent conduct by the participant or when complying with subparagraph (A) of this paragraph would jeopardize an ongoing investigation or the safety of law enforcement personnel.

(d)(1) If OVSJG grants a request pursuant to this section, OVSJG shall provide the District agency that submitted the request with the following information:

(A) The participant's actual address;

(B) A statement setting forth the permitted uses of the actual address and the persons permitted to have access to the actual address; and

(C) The date on which the permitted use expires, if expiration is appropriate, after which the agency may no longer use the actual address.

(2) If a District agency's request is granted pursuant to this section, the District agency may only use the participant's actual address as set forth in the statement required by paragraph (1)(B) of this subsection.

(e) If OVSJG denies a request under this section, OVSJG shall provide prompt written notice to the District agency that submitted the request, setting forth the specific reasons for the denial.

(July 3, 2018, D.C. Law 22-118, § 106, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 106 of D.C. Law 22-118 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.

§ 4–555.07. Program participation and procedures.

(a) If, at any time, a participant is subject to an order or is involved in an action of a tribunal, OVSJG shall notify the relevant tribunal of the participant's certification.

(b)(1) No person shall be compelled to disclose a participant's actual address during any proceeding before a tribunal unless the tribunal finds, based upon clear and convincing evidence, that:

(A) A party will suffer material harm without disclosure of the participant's actual address;

(B) The harm to the participant is substantially outweighed by the material harm to the party requesting disclosure of the participant's actual address;

(C) There are no alternatives to disclosure of the participant's actual address that would address the material harm; and

(D) The disclosure is narrowly tailored in both scope and manner to disclose the minimum amount of participant information necessary to address the material harm.

(2) A tribunal may seal the portion of any record that contains a participant's actual address.

(c) Nothing in this subchapter, including the fact that a person is a participant, shall affect an existing or future order relating to the allocation of custody, parental responsibilities, or parenting time.

(d) Participation in the Program shall not constitute evidence of a covered offense.

(e) Whenever the laws of the District provide a participant a legal duty to act within a prescribed period of 10 days or less after the service of a notice or other paper upon the participant, and the notice or paper is served upon the participant by mail pursuant to this subchapter, 5 days shall be added to the prescribed period.

(July 3, 2018, D.C. Law 22-118, § 107, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 107 of D.C. Law 22-118 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.

§ 4–555.08. Penalties.

(a) Except as provided by this subchapter, no person shall intentionally obtain from a District agency, other than the Office of Tax and Revenue, or disclose a participant's actual address knowing that the participant is participating in the Program, unless required by existing law or by OVSJG pursuant to the rules issued under § 4-555.12.

(b) A person violating subsection (a) of this section shall be subject to a civil fine of not more than $10,000.

(July 3, 2018, D.C. Law 22-118, § 108, 65 DCR 5064; May 10, 2019, D.C. Law 22-313, § 6(c), 66 DCR 1627.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 108 of D.C. Law 22-118 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.

§ 4–555.09. Immunity from liability.

Neither the District government nor its employees, nor an application assistant, shall be liable for the failure of a participant to receive any mail forwarded to her or him by OVSJG pursuant to this subchapter.

(July 3, 2018, D.C. Law 22-118, § 109, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 109 of D.C. Law 22-118 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.

Any person aggrieved by an action of OVSJG taken pursuant to this subchapter may appeal the action of OVSJG to the Office of Administrative Hearings pursuant to § 2-1831.03.

(July 3, 2018, D.C. Law 22-118, § 110, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 110 of D.C. Law 22-118 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.

§ 4–555.11. Program review.

By January 1, 2020, and annually thereafter, OVSJG shall submit a review of the Program to the chairperson of the Council committee with jurisdiction over OVSJG.

(July 3, 2018, D.C. Law 22-118, § 111, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 111 of D.C. Law 22-118 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.

§ 4–555.12. Rules.

OVSJG, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.

(July 3, 2018, D.C. Law 22-118, § 112, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 112 of D.C. Law 22-118 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.

§ 1–1001.03. 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.

(c) Each member of the Board, including the Chairperson, shall receive compensation as provided in § 1-611.08(c-1)(10).

(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.

(Aug. 12, 1955, 69 Stat. 699, ch. 862, § 4; Sept. 22, 1970, 84 Stat. 854, Pub. L. 91-405, title II, § 205(i); Dec. 23, 1971, 85 Stat. 794, Pub. L. 92-220, § 1(26); Aug. 14, 1974, 88 Stat. 471, Pub. L. 93-376, title VII, § 706(b); Sept. 2, 1976, D.C. Law 1-79, title I, § 102(3), (4), 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title I, § 103(a), title IV, § 402, 24 DCR 2372; Mar. 10, 1978, D.C. Law 2-50, § 2, 24 DCR 4806; 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; Aug. 7, 1980, D.C. Law 3-81, § 2(gg), 27 DCR 2632; Mar. 16, 1982, D.C. Law 4-88, § 2(n), (q), (s), 29 DCR 458; Feb. 4, 2010, D.C. Law 18-103, § 2(b), 56 DCR 9169; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(3), 59 DCR 1862; Sept. 20, 2012, D.C. Law 19-168, § 1133, 59 DCR 8025; Aug. 19, 2017, D.C. Law 22-13, § 2(a), 64 DCR 6245; Mar. 13, 2019, D.C. Law 22-250, § 5(b), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 2(c), 68 DCR 001073.)

Prior Codifications

1981 Ed., § 1-1304.

1973 Ed., § 1-1104.

Section References

This section is referenced in § 1-636.02.

Effect of Amendments

D.C. Law 18-103 rewrote subsec. (a); and added subsec. (b)(3A).

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

The 2012 amendment by D.C. Law 19-168 rewrote (c).

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(b) 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 § 2(a) 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(a) 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), 4(a) 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)(3) 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

Section 4(a) of D.C. Law 18-103 provided: “(a) Section 2(b)(1) shall not apply to any individual who is a member of the Board of Elections and Ethics on the effective date of this act.”

§ 1–1001.05. Board of Elections — Duties.

*NOTE: This section includes amendments by temporary legislation that will expire on August 5, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(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) Publish in the District of Columbia Register no later than 45 days before each election held under this subchapter, a fictitious name sample design and layout of the ballot to be used in the election. This requirement shall not apply to any special election to fill a vacancy in an Advisory Neighborhood Commission single-member district;

(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; 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 polling places, including a polling place for individuals incarcerated in the Department of Corrections' custody or care at the Central Detention Facility and Correctional Treatment Facility;

(9A) Before any upcoming voter registration or absentee 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; and

(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;

(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) Without first requiring an absentee ballot application to be submitted, an absentee ballot and postage-paid return envelope;

(10) Provide information regarding procedures for voter registration and absentee ballots to absent uniformed services voters and overseas voters in United States elections, accept valid voter registration applications, absentee ballot applications, and absentee ballots including write-in ballots from all of 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;

(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 all residents and voters of elections and means of casting votes therein, including by establishing a system to permit voters to elect to receive a voter guide by electronic means in lieu of by mail, if such a guide is published by the Board;

(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 blind persons and persons with physical and developmental 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 his or her 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; and

(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

(C) A weblink to the Board's website, which shall identify:

(i) The date of the next scheduled election;

(ii) Polling place 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.

(a-1)(1) The Board shall hold regular monthly meetings in accordance with a schedule to be established by the Board. 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 the polling places, including precinct captains who shall oversee the operations of polling places in accordance with rules prescribed by the Board, and polling place workers who shall assist the precinct captains. Precinct captains shall be qualified registered electors in the District. Polling place workers shall be qualified registered electors in the District; provided, that the Board may also appoint as polling place workers individuals who are at least 16 years of age on 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. Any polling place worker shall be required to:

(i) Complete at least 4 hours of training;

(ii) Receive certification as a polling place worker under standards that the Board shall promulgate; and

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

(B) The Board shall establish standards to measure the performance of polling place workers, including the past performance of a polling place worker, and shall consider the polling place worker’s past performance before appointing the polling place worker to work as a polling place worker in a subsequent election.

(C) Election workers, including precinct captains and polling place workers, 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 polling place 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 polling places 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 polling place.

(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 absentee 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 30 days preceding the election;

(B) Between 30 days preceding the election and the date of the election; and

(C) On the date of the election;

(3) The number of polling place workers, by precinct;

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

(5) A synopsis of any issues identified in precinct captain or area representative logs;

(6) Performance measurement data of polling place workers;

(7) A description of any irregularities experienced 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.)

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

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 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 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.

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 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 § 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 § 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.

§ 1–1001.07. 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 physical 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; or

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

(3) The Board approves the person's registration application as provided in subsection (e) 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:

(i) Each DMV application for a DMV-issued driver's license (including any renewal application) or nondriver's identification card shall automatically serve as an application to register to vote or update the applicant's voter registration information; 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.

(C) Each automatic voter registration agency and the Board shall jointly develop an application that captures:

(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, or, if already registered in the District, ability to decline to update the applicant's voter registration.

(D) For each applicant who did not decline to register to vote or update the applicant's voter registration information under subparagraph (B) of this paragraph and stated that the applicant is a citizen of the United States, 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) Any application for the purpose of a change of address or name submitted pursuant to this subsection shall be considered notification to the Board of the change of address or name unless the applicant states on the application that the change of address or name is not for voter registration purposes.

(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) Any form issued by mail for the purposes of correcting or updating a driver's permit or nondriver's identification card shall be designed so that the individual may decline to correct or update the individual's address or name for voter registration purposes and provide a mailing address, if mail is not received at the residence address.

(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.

(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 citizens 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”), the address of the applicant’s polling place and the hours during which the polls will be open. 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 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 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 and voter registration update notifications 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 absentee 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) 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 and submitting it in person at the Board’s office. A qualified elector shall not change the qualified elector's party affiliation after the 21st day preceding an election.

(5) A qualified elector may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence 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 precinct captain shall keep a record of individuals who attempt to register on election day and shall indicate the form of proof of residency provided by the person. The record shall be forwarded to the Board with the election returns for that precinct.

(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.

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, on the day of the election, 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 at the polling place that serves the current residence address by filing an election day change of address notice pursuant to paragraph (4) of this subsection.

(3) Each registered voter who votes at a polling place on election day shall affirm the registered voter's residence address as it appears on the official registration roll for the precinct. The act of signing a copy of the official registration roll for the precinct 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, at the polling place serving the current residence address; 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 an election day change of address may vote by regular ballot on election day at the polling place serving the current residence address or the accessible polling place assigned by the Board pursuant to § 1-1001.09(b)(3).

(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 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 registration, at the polling place, or when voting 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) In January 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 30th 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) The Board may, in addition, utilize information obtained from the United States Postal Service, the National Change of Address System (“NCOA”), the DMV (subject to the provisions of subsection (c)(1)(D) of this section, 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.

(2)(A) Upon mailing of the notice required in paragraph (1)(B) of this subsection, the registrant’s voter registration status shall be designated 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 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 Bureau of Vital Statistics, who have moved from the District and no notification was received from the registrant or the United States Postal Service, or who otherwise no longer meets the qualifications as 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);

(C) Shall not be included where the Board is required:

(i) To provide lists of registered voters at the polls on election day or for public inspection;

(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.

(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.

(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.)

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 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.

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 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.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 7a; as added June 24, 2020, D.C. Law 23-110, § 2, 67 DCR 5057.)

Applicability

Section 7079 of D.C. Law 23-149 repealed section 3 of D.C. Law 23-110 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-110 has been implemented.

Applicability of D.C. Law 23-110: § 3 of D.C. Law 23-110 provided that the creation of this section by § 2 of D.C. Law 23-110 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.

§ 1–1001.09. 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 polling place; deposit, inspection, and destruction of ballots.

(a) Voting in all elections shall be secret.

(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, each registered qualified elector shall cast the registered qualified elector's vote in the voting precinct that serves the registered qualified elector's current residence address.

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

(3) No registered qualified elector of the District may cast a vote in a precinct that does not serve the registered qualified elector's current residence; provided, that a senior or voter with a disability whose precinct is inaccessible as defined by section 8 of the Voting Accessibility for the Elderly and Handicapped Act, approved September 28, 1984 (98 Stat. 1678; 42 US.C. § 1973ee-6), may be assigned by the Board to an accessible polling place.

(b-1)(1) For each primary and general election, the Board shall designate no fewer than 8 early voting centers, with at least one early voting center available in a central location within each election ward.

(2) At each early voting center, the Board shall allow persons to vote in person for 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 use as early voting centers.

(4) The Chief Technology Officer shall assist the Board in ensuring that each early voting center maintains a secure network environment with the Board’s office.

(5) Before January 31, 2011, the Board shall submit a report to the Council on the effectiveness of using early voting centers, including information about:

(A) The effect of early voting centers on turnout rates;

(B) Whether the expanded use of early voting centers could permit for consolidation of precincts; or

(C) Other information about cost savings opportunities for the use of polling places.

(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 polling places 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 polling place and the counting of votes.

(c-1) The Board shall issue rules for granting access to the electoral process, including access to polling places, ballot-tabulation centers, and other similar locations, to election observers. The rules shall take into account the need to avoid disruption and crowding in polling places 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 absentee 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 polling place 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 precinct captain or other official in charge of the polling place 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 precinct captain 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 precinct captain or the watcher has violated the provisions of this paragraph.

(3) The precinct captain shall review the evidence presented and shall affirm the challenge if the precinct captain 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 precinct captain shall deny the challenge if the precinct captain 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 precinct captain shall record the decision and the rationale for the decision on a form provided by the Board.

(4) If the precinct captain denies the challenge, the precinct captain 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 precinct captain’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 polling place, whichever is earlier. If the challenger does not appeal the precinct captain’s decision to deny the challenge, the challenged voter shall cast a regular ballot.

(5) If the challenger appeals the precinct captain’s decision to deny the challenge, the precinct captain 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 precinct captain 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 precinct captain, 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

(C) Role in the challenge.

(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 precinct captain’s initial decision to deny the challenge.

(7) The hearing officer shall notify the precinct captain of the hearing officer's decision on the appeal of the unsuccessful challenge, and the precinct captain shall notify each party of the hearing officer's decision. If the hearing officer affirms the precinct captain's decision to deny the challenge, the challenged voter shall cast a regular ballot. The precinct captain 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 precinct captain'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 precinct captain affirms the challenge made at the polling place, or if the Board’s hearing officer overturns the decision of the precinct captain to deny a challenge, the precinct captain 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 precinct captain 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 in 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 polling place 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 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) 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.), 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 not later than 2 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 not later than 2 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 polling place 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 polling place 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 himself or herself 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) or § 1-1001.17(i) 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) or § 1-1001.17(i), 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 polling place.

(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 precinct, the Board shall post a summary count of votes cast at the precinct. The summary shall be posted in a conspicuous place that can be seen from the outside of the precinct immediately upon completion of voting.

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

(1) Votes cast in a polling place;

(2) Persons who have signed in;

(3) Voter-verifiable records that arrived at the polling place 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

(C) A paper ballot created through the use of a ballot marking device.

(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.)

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.

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.

§ 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;

(C) The owner of the material;

(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.

(Aug. 12, 1955, 69 Stat. 704, ch. 862, § 14; Oct. 4, 1961, 75 Stat. 820, Pub. L. 87-389, § 1(24); Sept. 22, 1970, 84 Stat. 854, Pub. L. 91-405, title II, § 205(k); Dec. 16, 1975, D.C. Law 1-37, § 2(8), 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; June 7, 1979, D.C. Law 3-1, § 2(b), 25 DCR 9454; Mar. 16, 1982, D.C. Law 4-88, § 2(i), (n), (o), (q), 29 DCR 458; Sept. 22, 1994, D.C. Law 10-173, § 2(f), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(d), 42 DCR 1547; Dec. 10, 2009, D.C. Law 18-88, § 201, 56 DCR 7413; Mar. 31, 2011, D.C. Law 18-330, § 2(c), 58 DCR 20; Mar. 16, 2021, D.C. Law 23-192, § 2(j), 68 DCR 001073.)

Prior Codifications

1981 Ed., § 1-1318.

1973 Ed., § 1-1114.

Section References

This section is referenced in § 1-1001.02 and § 1-1001.07.

Effect of Amendments

D.C. Law 18-88 added subsec. (b-1).

D.C. Law 18-330 added subsec. (a-1).

Cross References

Election campaigns, lobbying, and conflicts of interest, violation of laws, prosecutions, see § 1-1107.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 201 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 201 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

§ 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;

(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 or territory; 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) “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) “Qualified petition circulator” means an individual who is 18 years of age or older 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

(C) Request an absentee ballot.

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

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

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

(31) "Polling place" includes Vote Centers operated by the Board throughout the District.

(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.

(Aug. 12, 1955, 69 Stat. 699, ch. 862, § 2; Oct. 4, 1961, 75 Stat. 820, Pub. L. 87-389, § 1(26); Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(2); Sept. 22, 1970, 84 Stat. 849, Pub. L. 91-405, title II, §§ 203(a), 205(a); Dec. 23, 1971, 85 Stat. 788, Pub. L. 92-220, § 1(2)-(4); Aug. 14, 1973, 87 Stat. 311, Pub. L. 93-92, § 1(1); Dec. 24, 1973, 87 Stat. 832, Pub. L. 93-198, title VII, § 751(2); 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(1), title VI, § 602, 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title III, § 301(a), (b), 24 DCR 2372; June 7, 1979, D.C. Law 3-1, § 2(a), 25 DCR 9454; Mar. 16, 1982, D.C. Law 4-88, § 2(b), 29 DCR 458; Aug. 2, 1983, D.C. Law 5-17, § 5(a), 30 DCR 3196; Sept. 22, 1994, D.C. Law 10-173, § 2(a), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(a), 42 DCR 1547; Apr. 12, 2000, D.C. Law 13-91, § 123(a), 47 DCR 520; Dec. 7, 2004, D.C. Law 15-218, § 2(a), 51 DCR 9132; June 25, 2008, D.C. Law 17-177, § 4(a), 55 DCR 3696; Feb. 4, 2010, D.C. Law 18-103, § 2(a), 56 DCR 9169; May 27, 2010, D.C. Law 18-160,§ 131(b), 57 DCR 3012; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(1), 59 DCR 1862; Oct. 17, 2013, D.C. Law 20-31, § 2(a), 60 DCR 11535; Feb. 26, 2015, D.C. Law 20-158, § 2(a), 61 DCR 10730; Mar. 3, 2015, D.C. Law 20-167, § 2(b), 61 DCR 10738; Oct. 8, 2016, D.C. Law 21-160, § 1072(a), 63 DCR 10775; Mar. 16, 2021, D.C. Law 23-192, § 2(a), 68 DCR 001073; Apr. 27, 2021, D.C. Law 23-277, § 2(a), 67 DCR 13867.)

Prior Codifications

1981 Ed., § 1-1302.

1973 Ed., § 1-1102.

Section References

This section is referenced in § 1-301.83, § 1-309.09, § 1-401, § 1-1001.07, and § 38-2651.

Effect of Amendments

D.C. Law 13-91, in par. (13), inserted “United States Senator and Representative,”.

D.C. Law 15-218 added pars. (22) and (23).

D.C. Law 17-177 added par. (24).

D.C. Law 18-103 rewrote pars. (2) and (7); and added par. (25).

D.C. Law 18-160 added par. (9A); and, in par. (13), inserted “the Attorney General,”.

D.C. Law 19-124, in par. (3), substituted “Board of Elections” for “Board of Elections and Ethics”; in par. (7), substituted “§ 1-1162.32 and 1-1163.35” for “§ 1-1105.07 or § 1-1107.01”; and, in par. (15), substituted “§ 1-1161.01(44) for purposes of this subchapter” for “§ 1-1101.01 for purposes of this subchapter”.

The 2013 amendment by D.C. Law 20-31 added (26).

The 2015 amendment by D.C. Law 20-158 would have added (27) and (28).

The 2015 amendment by D.C. Law 20-167 rewrote (5); and substituted “members of the State Board of Education” for “the President and members of the Board of Education” in (13).

Cross References

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

Delegate to the House of Representatives, qualifications, see § 1-401.

Applicability

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(a) 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 201(a) 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(a) 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) amendment of this section, see § 2(a) 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(a) 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(a) 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(a) 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(a) 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(a) 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(a) 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(a) 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(a) 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(a) 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)(1) 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 days) amendment of this section, see §§ 2(a) 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).

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

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

References in Text

The National Voter Registration Act, referred to in (17), is classified at Pub. L. 103-31, May 20, 1993, 107 Stat. 77.

§ 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.

(Mar. 16, 1982, D.C. Law 4-87, § 2, 29 DCR 433; Mar. 10, 1983, D.C. Law 4-199, § 5, 30 DCR 119.)

Prior Codifications

1981 Ed., § 1-1331.

Section References

This section is referenced in § 1-309.03.

Cross References

Single-member districts, establishment and boundaries, subsequent adjustment of boundaries, see § 1-309.03.

§ 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 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.)

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).

§ 1–1001.10. 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) All elections prescribed by this subchapter shall be conducted by the Board in conformity with the provisions of this subchapter. In all elections held pursuant to this subchapter, the polls shall be open from 7:00 a.m. to 8:00 p.m., 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 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. 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 polling place or within a 50-foot distance from the entrance and exit of a polling place. 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.)

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.

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.

§ 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.

(Dec. 7, 2010, D.C. Law 18-274, § 2, 57 DCR 9869.)

§20501. Findings and purposes

(a) Findings

The Congress finds that-

(1) the right of citizens of the United States to vote is a fundamental right;

(2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and

(3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm voter participation by various groups, including racial minorities.

(b) Purposes

The purposes of this chapter are-

(1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office;

(2) to make it possible for Federal, State, and local governments to implement this chapter in a manner that

enhances the participation of eligible citizens as voters in elections for Federal office;

(3) to protect the integrity of the electoral process; and

(4) to ensure that accurate and current voter registration rolls are maintained.

( Pub. L. 103–31, §2, May 20, 1993, 107 Stat. 77 .)

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 103–31, May 20,

1993, 107 Stat. 77 , which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Section was formerly classified to section 1973gg of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

EFFECTIVE DATE

Pub. L. 103–31, §13, May 20, 1993, 107 Stat. 89 , provided that: "This Act [see Tables for classification] shall take effect-

"(1) with respect to a State that on the date of enactment of this Act [May 20, 1993] has a provision in the constitution of the State that would preclude compliance with this Act unless the State maintained separate Federal and State official lists of eligible voters, on the later of-

"(A) January 1, 1996; or

"(B) the date that is 120 days after the date by which, under the constitution of the State as in effect on the date of enactment of this Act, it would be legally possible to adopt and place into effect any amendments to the constitution of the State that are necessary to permit such compliance with this Act without requiring a special election; and

"(2) with respect to any State not described in paragraph (1), on January 1, 1995."

PROOF OF CITIZENSHIP

Pub. L. 104–132, title IX, §902, Apr. 24, 1996, 110 Stat. 1317 , provided that: "Notwithstanding any other provision of law, a Federal, State, or local government agency may not use a voter registration card (or other related document) that evidences registration for an election for Federal office, as evidence to prove United States citizenship."

Similar provisions were contained in section 117 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, §101(a), Jan. 6, 1996, 110 Stat. 11 , as amended by Pub. L. 104–99, title II, §211, Jan. 26, 1996, 110 Stat. 37 .

§20502. Definitions

As used in this chapter-

(1) the term "election" has the meaning stated in section 30101(1) of this title;

(2) the term "Federal office" has the meaning stated in section 30101(3) of this title;

(3) the term "motor vehicle driver's license" includes any personal identification document issued by a State motor vehicle authority;

(4) the term "State" means a State of the United States and the District of Columbia; and

(5) the term "voter registration agency" means an office designated under section 20506(a)(1) of this title to perform voter registration activities.

( Pub. L. 103–31, §3, May 20, 1993, 107 Stat. 77 .)

CODIFICATION

Section was formerly classified to section 1973gg–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§20503. National procedures for voter registration for elections for Federal office

(a) In general

Except as provided in subsection (b), notwithstanding any other Federal or State law, in addition to any other method of voter registration provided for under State law, each State shall establish procedures to register to vote in elections for Federal office-

(1) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 20504 of this title;

(2) by mail application pursuant to section 20505 of this title; and

(3) by application in person-

(A) at the appropriate registration site designated with respect to the residence of the applicant in accordance with State law; and

(B) at a Federal, State, or nongovernmental office designated under section 20506 of this title.

(b) Nonapplicability to certain States

This chapter does not apply to a State described in either or both of the following paragraphs:

(1) A State in which, under law that is in effect continuously on and after August 1, 1994, there is no voter registration requirement for any voter in the State with respect to an election for Federal office.

(2) A State in which, under law that is in effect continuously on and after August 1, 1994, or that was enacted on or prior to August 1, 1994, and by its terms is to come into effect upon the enactment of this chapter, so long as that law remains in effect, all voters in the State may register to vote at the polling place at the time of voting in a general election for Federal office.

( Pub. L. 103–31, §4, May 20, 1993, 107 Stat. 78 ; Pub. L. 104–91, title I, §101(a), Jan. 6, 1996, 110 Stat. 11 , amended Pub. L. 104–99, title II, §211, Jan. 26, 1996, 110 Stat. 37 .)

REFERENCES IN TEXT

Upon the enactment of this chapter, referred to in subsec. (b)(2), means the date of enactment of Pub. L. 103–31, which was approved May 20, 1993.

CODIFICATION

Section was formerly classified to section 1973gg–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendment by Pub. L. 104–91 is based on section 116(a) of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104–91.

AMENDMENTS

1996-Subsec. (b). Pub. L. 104–91, as amended by Pub. L. 104–99, substituted "August 1, 1994" for "March 11, 1993" wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 116(b) of H.R. 2076, One Hundred Fourth Congress, as passed by the House of

Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, §101(a), Jan. 6, 1996,

110 Stat. 11 , as amended by Pub. L. 104–99, title II, §211, Jan. 26, 1996, 110 Stat. 37 , provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if included in the provisions of the National Voter Registration Act of 1993 [Pub. L. 103–31, see Tables for classification]."

§20504. Simultaneous application for voter registration and application for motor vehicle driver's license

(a) In general

(1) Each State motor vehicle driver's license application (including any renewal application) submitted to the appropriate State motor vehicle authority under State law shall serve as an application for voter registration with respect to elections for Federal office unless the applicant fails to sign the voter registration application.

(2) An application for voter registration submitted under paragraph (1) shall be considered as updating any previous voter registration by the applicant.

(b) Limitation on use of information

No information relating to the failure of an applicant for a State motor vehicle driver's license to sign a voter registration application may be used for any purpose other than voter registration.

(c) Forms and procedures

(1) Each State shall include a voter registration application form for elections for Federal office as part of an application for a State motor vehicle driver's license.

(2) The voter registration application portion of an application for a State motor vehicle driver's license-

(A) may not require any information that duplicates information required in the driver's license portion of the form

(other than a second signature or other information necessary under subparagraph (C));

(B) may require only the minimum amount of information necessary to-

(i) prevent duplicate voter registrations; and

(ii) enable State election officials to assess the eligibility of the applicant and to administer voter registration and

other parts of the election process;

(C) shall include a statement that-

(i) states each eligibility requirement (including citizenship);

(ii) contains an attestation that the applicant meets each such requirement; and

(iii) requires the signature of the applicant, under penalty of perjury;

(D) shall include, in print that is identical to that used in the attestation portion of the application-

(i) the information required in section 20507(a)(5)(A) and (B) of this title;

(ii) a statement that, 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

(iii) a statement that if an applicant does register to vote, the office at which the applicant submits a voter

registration application will remain confidential and will be used only for voter registration purposes; and

(E) shall be made available (as submitted by the applicant, or in machine readable or other format) to the

appropriate State election official as provided by State law.

(d) Change of address

Any change of address form submitted in accordance with State law for purposes of a State motor vehicle driver's license shall serve as notification of change of address for voter registration with respect to elections for Federal office for the registrant involved unless the registrant states on the form that the change of address is not for voter registration purposes.

(e) Transmittal deadline

(1) Subject to paragraph (2), a completed voter registration portion of an application for a State motor vehicle driver's license accepted at a State motor vehicle authority shall be transmitted to the appropriate State election official not later than 10 days after the date of acceptance.

(2) If a registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate State election official not later than 5 days after the date of acceptance.

( Pub. L. 103–31, §5, May 20, 1993, 107 Stat. 78 .)

CODIFICATION

Section was formerly classified to section 1973gg–3 of Title 42, The Public Health and Welfare, prior to

editorial reclassification and renumbering as this section.

§20505. Mail registration

(a) Form

(1) Each State shall accept and use the mail voter registration application form prescribed by the Federal Election Commission pursuant to section 20508(a)(2) of this title for the registration of voters in elections for Federal office.

(2) In addition to accepting and using the form described in paragraph (1), a State may develop and use a mail voter registration form that meets all of the criteria stated in section 20508(b) of this title for the registration of voters in elections for Federal office.

(3) A form described in paragraph (1) or (2) shall be accepted and used for notification of a registrant's change of address.

(b) Availability of forms

The chief State election official of a State shall make the forms described in subsection (a) available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.

(c) First-time voters

(1) Subject to paragraph (2), a State may by law require a person to vote in person if-

(A) the person was registered to vote in a jurisdiction by mail; and

(B) the person has not previously voted in that jurisdiction.

(2) Paragraph (1) does not apply in the case of a person-

(A) who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.];

(B) who is provided the right to vote otherwise than in person under section 20102(b)(2)(B)(ii) of this title; or

(C) who is entitled to vote otherwise than in person under any other Federal law.

(d) Undelivered notices

If a notice of the disposition of a mail voter registration application under section 20507(a)(2) of this title is sent by nonforwardable mail and is returned undelivered, the registrar may proceed in accordance with section 20507(d) of this title.

( Pub. L. 103–31, §6, May 20, 1993, 107 Stat. 79 .)

REFERENCES IN TEXT

The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (c)(2)(A), is Pub. L.

99–410, Aug. 28, 1986, 100 Stat. 924 , which is classified principally to chapter 203 (§20301 et seq.) of this

title. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Section was formerly classified to section 1973gg–4 of Title 42, The Public Health and Welfare, prior to

editorial reclassification and renumbering as this section.

§20506. Voter registration agencies

(a) Designation

(1) Each State shall designate agencies for the registration of voters in elections for Federal office.

(2) Each State shall designate as voter registration agencies-

(A) all offices in the State that provide public assistance; and

(B) all offices in the State that provide State-funded programs primarily engaged in providing services to persons with disabilities.

(3)(A) In addition to voter registration agencies designated under paragraph (2), each State shall designate other offices within the State as voter registration agencies.

(B) Voter registration agencies designated under subparagraph (A) may include-

(i) State or local government offices such as public libraries, public schools, offices of city and county clerks (including marriage license bureaus), fishing and hunting license bureaus, government revenue offices, unemployment compensation offices, and offices not described in paragraph (2)(B) that provide services to persons with disabilities; and

(ii) Federal and nongovernmental offices, with the agreement of such offices.

(4)(A) At each voter registration agency, the following services shall be made available:

(i) Distribution of mail voter registration application forms in accordance with paragraph (6).

(ii) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance.

(iii) Acceptance of completed voter registration application forms for transmittal to the appropriate State election official.

(B) If a voter registration agency designated under paragraph (2)(B) provides services to a person with a disability at the person's home, the agency shall provide the services described in subparagraph (A) at the person's home.

(5) A person who provides service described in paragraph (4) shall not-

(A) seek to influence an applicant's political preference or party registration;

(B) display any such 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.

(6) A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall-

(A) distribute with each application for such service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance-

(i) the mail voter registration application form described in section 20508(a)(2) of this title, including a statement that-

(I) specifies each eligibility requirement (including citizenship);

(II) contains an attestation that the applicant meets each such requirement; and

(III) requires the signature of the applicant, under penalty of perjury; or

(ii) the office's own form if it is equivalent to the form described in section 20508(a)(2) of this title,

unless the applicant, in writing, declines to register to vote;

(B) provide a form that includes

(i) the question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?";

(ii) if the 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.";

(iii) boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (C)), 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.";

(iv) the statement, "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private."; and

(v) the statement, "If you believe that someone has interfered with your right to register or to 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 blank being filled by the name, address, and telephone number of the appropriate official to whom such a complaint should be addressed; and

(C) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance.

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

(b) Federal Government and private sector cooperation

All departments, agencies, and other entities of the executive branch of the Federal Government shall, to the greatest extent practicable, cooperate with the States in carrying out subsection (a), and all nongovernmental entities are encouraged to do so.

(c) Armed Forces recruitment offices

(1) Each State and the Secretary of Defense shall jointly develop and implement procedures for persons to apply to register to vote at recruitment offices of the Armed Forces of the United States.

(2) A recruitment office of the Armed Forces of the United States shall be considered to be a voter registration agency designated under subsection (a)(2) for all purposes of this chapter.

(d) Transmittal deadline

(1) Subject to paragraph (2), a completed registration application accepted at a voter registration agency shall be transmitted to the appropriate State election official not later than 10 days after the date of acceptance.

(2) If a registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate State election official not later than 5 days after the date of acceptance.

( Pub. L. 103–31, §7, May 20, 1993, 107 Stat. 80 .)

CODIFICATION

Section was formerly classified to section 1973gg–5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

EX. ORD. NO. 12926. IMPLEMENTATION OF NATIONAL VOTER REGISTRATION ACT OF 1993

Ex. Ord. No. 12926, Sept. 12, 1994, 59 F.R. 47227, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and in order to ensure, as required by section 7(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg [sic]) [52 U.S.C. 20506(b)] ("the Act"), that departments, agencies, and other entities of the executive branch of the Federal Government cooperate with the States in carrying out the Act's requirements, it is hereby ordered as follows:

SECTION 1. Assistance to States. To the greatest extent practicable, departments, agencies, and other entities of the executive branch of the Federal Government that provide, in whole or in part, funding, grants, or assistance for, or with respect to the administration of, any program of public assistance or services to persons with disabilities within the meaning of section 7(a) of the Act shall: (a) provide, to State agencies administering any such program, guidance for the implementation of the requirements of section 7 of the Act, including guidance for use and distribution of voter registration forms in connection with applications for service;

(b) assist each such State agency administering any such program with the costs of implementation of

the Act [52 U.S.C. 20501 et seq.], consistent with legal authority and the availability of funds, and promptly indicate to each State agency the extent to which such assistance will be made available; and (c) designate an office or staff to be available to provide technical assistance to such State agencies.

SEC. 2. Armed Forces Recruitment Offices. The Secretary of Defense is directed to work with the appropriate State elections authorities in each State to develop procedures for persons to apply to register to vote at Armed Forces recruitment offices as required by section 7(c) of the Act.

SEC. 3. Acceptance of Designation. To the greatest extent practicable, departments, agencies, or other entities of the executive branch of the Federal Government, if requested to be designated as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the Act, shall: (a) agree to such a designation if agreement is consistent with the department's, agency's, or entity's legal authority and availability of funds; and (b) ensure that all of its offices that are located in a particular State will have available to the public at least one of the national voter registration forms that are required under the Act to be available in that State.

WILLIAM J. CLINTON.

§20507. Requirements with respect to administration of voter registration

(a) In general

In the administration of voter registration for elections for Federal office, each State shall-

(1) ensure that any eligible applicant is registered to vote in an election-

(A) in the case of registration with a motor vehicle application under section 20504 of this title, if the valid voter registration form of the applicant is submitted to the appropriate State motor vehicle authority not later than the lesser of 30 days, or the period provided by State law, before the date of the election;

(B) in the case of registration by mail under section 20505 of this title, if the valid voter registration form of the applicant is postmarked not later than the lesser of 30 days, or the period provided by State law, before the date of the election;

(C) in the case of registration at a voter registration agency, if the valid voter registration form of the applicant is accepted at the voter registration agency not later than the lesser of 30 days, or the period provided by State law, before the date of the election; and

(D) in any other case, if the valid voter registration form of the applicant is received by the appropriate State election official not later than the lesser of 30 days, or the period provided by State law, before the date of the election;

(2) require the appropriate State election official to send notice to each applicant of the disposition of the application;

(3) provide that the name of a registrant may not be removed from the official list of eligible voters except-

(A) at the request of the registrant;

(B) as provided by State law, by reason of criminal conviction or mental incapacity; or

(C) as provided under paragraph (4);

(4) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of-

(A) the death of the registrant; or

(B) a change in the residence of the registrant, in accordance with subsections (b), (c), and (d);

(5) inform applicants under sections 20504, 20505, and 20506 of this title of-

(A) voter eligibility requirements; and

(B) penalties provided by law for submission of a false voter registration application; and

(6) ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public.

(b) Confirmation of voter registration

Any State program or activity to protect the integrity of the electoral process by ensuring the maintenance of an accurate and current voter registration roll for elections for Federal office-(1) shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.]; and (2) shall not result in the removal of the name of any person from the official list of voters registered to vote in an election for Federal office by reason of the person's failure to vote, except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to remove an individual from the official list of eligible voters if the individual-

(A) has not either notified the applicable registrar (in person or in writing) or responded during the period described in subparagraph (B) to the notice sent by the applicable registrar; and then (B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office.

(c) Voter removal programs

(1) A State may meet the requirement of subsection (a)(4) by establishing a program under which-

(A) change-of-address information supplied by the Postal Service through its licensees is used to identify registrants whose addresses may have changed; and

(B) if it appears from information provided by the Postal Service that-

(i) a registrant has moved to a different residence address in the same registrar's jurisdiction in which the registrant is currently registered, the registrar changes the registration records to show the new address and sends the registrant a notice of the change by forwardable mail and a postage prepaid pre-addressed return form by which the registrant may verify or correct the address information; or (ii) the registrant has moved to a different residence address not in the same registrar's jurisdiction, the registrar uses the notice procedure described in subsection (d)(2) to confirm the change of address.

(2)(A) A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters.

(B) Subparagraph (A) shall not be construed to preclude-

(i) the removal of names from official lists of voters on a basis described in paragraph (3)(A) or (B) or (4)(A) of subsection (a); or

(ii) correction of registration records pursuant to this chapter.

(d) Removal of names from voting rolls

(1) A State shall not remove the name of a registrant from the official list of eligible voters in elections for Federal office on the ground that the registrant has changed residence unless the registrant-

(A) confirms in writing that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered; or

(B)(i) has failed to respond to a notice described in paragraph (2); and

(ii) has not voted or appeared to vote (and, if necessary, correct the registrar's record of the registrant's address) in an 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.

(2) A notice is described in this paragraph if it is a postage prepaid and pre-addressed return card, sent by forwardable mail, on which the registrant may state his or her current address, together with a notice to the following effect:

(A) If the registrant did not change his or her residence, or changed residence but remained in the registrar's jurisdiction, the registrant should return the card not later than the time provided for mail registration under subsection (a)(1)(B). If the card is not returned, affirmation or confirmation of the registrant's address may be required before the registrant is permitted to vote in a Federal 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 the registrant does not vote in an election during that period the registrant's name will be removed from the list of eligible voters.

(B) If the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered, information concerning how the registrant can continue to be eligible to vote.

(3) A voting registrar shall correct an official list of eligible voters in elections for Federal office in accordance with change of residence information obtained in conformance with this subsection.

(e) Procedure for voting following failure to return card

(1) A registrant who has moved from an address in the area covered by a polling place to an address in the same area shall, notwithstanding failure to notify the registrar of the change of address prior to the date of an election, be permitted to vote at that polling place upon oral or written affirmation by the registrant of the change of address before an election official at that polling place.

(2)(A) A registrant who has moved from an address in the area covered by one polling place to an address in an area covered by a second polling place within the same registrar's jurisdiction and the same congressional district and who has failed to notify the registrar of the change of address prior to the date of an election, at the option of the registrant-

(i) shall be permitted to correct the voting records and vote at the registrant's former polling place, upon oral or written affirmation by the registrant of the new address before an election official at that polling place; or

(ii)(I) shall be permitted to correct the voting records and vote at a central location within the same registrar's jurisdiction designated by the registrar where a list of eligible voters is maintained, upon written affirmation by the registrant of the new address on a standard form provided by the registrar at the central location; or

(II) shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling place for the current address and, if permitted by State law, shall be permitted to vote in the present election, upon confirmation by the registrant of the new address by such means as are required by law.

(B) If State law permits the registrant to vote in the current election upon oral or written affirmation by the registrant of the new address at a polling place described in subparagraph (A)(i) or (A)(ii)(II), voting at the other locations described in subparagraph (A) need not be provided as options.

(3) If the registration records indicate that a registrant has moved from an address in the area covered by a polling place, the registrant shall, upon oral or written affirmation by the registrant before an election official at that polling place that the registrant continues to reside at the address previously made known to the registrar, be permitted to vote at that polling place.

(f) Change of voting address within a jurisdiction

In the case of a change of address, for voting purposes, of a registrant to another address within the same registrar's jurisdiction, the registrar shall correct the voting registration list accordingly, and the registrant's name may not be removed from the official list of eligible voters by reason of such a change of address except as provided in subsection

(d).

(g) Conviction in Federal court

(1) On the conviction of a person of a felony in a district court of the United States, the United States attorney shall give written notice of the conviction to the chief State election official designated under section 20509 of this title of the State of the person's residence.

(2) A notice given pursuant to paragraph (1) shall include-

(A) the name of the offender;

(B) the offender's age and residence address;

(C) the date of entry of the judgment;

(D) a description of the offenses of which the offender was convicted; and

(E) the sentence imposed by the court.

(3) On request of the chief State election official of a State or other State official with responsibility for determining the effect that a conviction may have on an offender's qualification to vote, the United States attorney shall provide such additional information as the United States attorney may have concerning the offender and the offense of which the offender was convicted.

(4) If a conviction of which notice was given pursuant to paragraph (1) is overturned, the United States attorney shall give the official to whom the notice was given written notice of the vacation of the judgment.

(5) The chief State election official shall notify the voter registration officials of the local jurisdiction in which an offender resides of the information received under this subsection.

(h) Omitted

(i) Public disclosure of voter registration activities

(1) Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such

records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.

(2) The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all persons to whom notices described in subsection (d)(2) are sent, and information concerning whether or not each such person has responded to the notice as of the date that inspection of the records is made.

(j) "Registrar's jurisdiction" defined For the purposes of this section, the term "registrar's jurisdiction" means-

(1) an incorporated city, town, borough, or other form of municipality;

(2) if voter registration is maintained by a county, parish, or other unit of government that governs a larger geographic area than a municipality, the geographic area governed by that unit of government; or

(3) if voter registration is maintained on a consolidated basis for more than one municipality or other unit of government by an office that performs all of the functions of a voting registrar, the geographic area of the consolidated municipalities or other geographic units.

( Pub. L. 103–31, §8, May 20, 1993, 107 Stat. 82 ; Pub. L. 107–252, title IX, §903, Oct. 29, 2002, 116 Stat. 1728 .)

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in subsec. (b)(1), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437 ,

which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et

seq.) of this title. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Section was formerly classified to section 1973gg–6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section is comprised of section 8 of Pub. L. 103–31. Subsec. (h) of section 8 of Pub. L. 103–31 enacted section 3629 of Title 39, Postal Service, and amended sections 2401 and 3627 of Title 39.

AMENDMENTS

2002-Subsec. (b)(2). Pub. L. 107–252 inserted before period at end ", except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to remove an individual from the official list of eligible voters if the individual- "(A) has not either notified the applicable registrar (in person or in writing) or responded during the period described in subparagraph (B) to the notice sent by the applicable registrar; and then "(B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office".

§20508. Federal coordination and regulations

(a) In general

The Election Assistance Commission-

(1) in consultation with the chief election officers of the States, shall prescribe such regulations as are necessary to carry out paragraphs (2) and (3);

(2) in consultation with the chief election officers of the States, shall develop a mail voter registration application form for elections for Federal office;

(3) not later than June 30 of each odd-numbered year, shall submit to the Congress a report assessing the impact of this chapter on the administration of elections for Federal office during the preceding 2-year period and including recommendations for improvements in Federal and State procedures, forms, and other matters affected by this chapter; and

(4) shall provide information to the States with respect to the responsibilities of the States under this chapter.

(b) Contents of mail voter registration form The mail voter registration form developed under subsection (a)(2)-

(1) may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant), as is necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;

(2) shall include a statement that-

(A) specifies each eligibility requirement (including citizenship);

(B) contains an attestation that the applicant meets each such requirement; and

(C) requires the signature of the applicant, under penalty of perjury;

(3) may not include any requirement for notarization or other formal authentication; and

(4) shall include, in print that is identical to that used in the attestation portion of the application-

(i) the information required in section 20507(a)(5)(A) and (B) of this title;

(ii) a statement that, 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

(iii) a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes. ( Pub. L. 103–31, §9, May 20, 1993, 107 Stat. 87 ; Pub. L. 107–252, title VIII, §802(b), Oct. 29, 2002, 116 Stat. 1726 .)

CODIFICATION

Section was formerly classified to section 1973gg–7 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

AMENDMENTS

2002-Subsec. (a). Pub. L. 107–252 substituted "Election Assistance Commission" for "Federal Election Commission" in introductory provisions.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107–252 effective upon appointment of all members of the Election Assistance

Commission under section 20923 of this title, see section 21134(a) of this title.

§20509. Designation of chief State election official

Each State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State responsibilities under this chapter.

( Pub. L. 103–31, §10, May 20, 1993, 107 Stat. 87 .)

CODIFICATION

Section was formerly classified to section 1973gg–8 of Title 42, The Public Health and Welfare, prior to

editorial reclassification and renumbering as this section.

§20510. Civil enforcement and private right of action

(a) Attorney General

The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this chapter.

(b) Private right of action

(1) A person who is aggrieved by a violation of this chapter may provide written notice of the violation to the chief election official of the State involved.

(2) If the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation.

(3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2).

(c) Attorney's fees

In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.

(d) Relation to other laws

(1) The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this chapter shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.].

(2) Nothing in this chapter authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.].

( Pub. L. 103–31, §11, May 20, 1993, 107 Stat. 88 .)

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in subsec. (d), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437 , which is classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Section was formerly classified to section 1973gg–9 of Title 42, The Public Health and Welfare, prior to

editorial reclassification and renumbering as this section.

§20511. Criminal penalties

A person, including an election official, who in any election for Federal office-

(1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for-

(A) registering to vote, or voting, or attempting to register or vote;

(B) urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or

(C) exercising any right under this chapter; or

(2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by-

(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or (B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held, shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.

( Pub. L. 103–31, §12, May 20, 1993, 107 Stat. 88 .)

CODIFICATION

Section was formerly classified to section 1973gg–10 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as 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.

(C) 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 must be filed with the Board in hard copy but may be electronically provided by the:

(i) Board to the candidate;

(ii) Candidate to qualified petition circulators; and

(iii) Qualified petition circulator to the candidate.

(B) Signatures on such petition sheets shall not 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 

(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 that 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.

(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 office of 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

(C) Has been nominated directly as a candidate for such office in such ward under subsection (j) of this section.

(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

(C) Have been nominated directly as a candidate under subsection (j) of this section.

(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

(C) Has been nominated directly as a candidate under subsection (j) of this section.

(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;

(C) The title of the offices and the total number of members to be elected by ward, if any; and

(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 school district or ward to enable a voter registered in that school district or ward to vote for any 1 candidate duly nominated to be elected to such office from such school district or ward, and to vote for as many candidates duly nominated for election at large to such office as there are State Board of Education members to be elected at large in such election.

(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. 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 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 during the first 10 days of the period designated for resolving challenges to petitions.

(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 4:45 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 4:45 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.)

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.

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.

§ 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

(C) A ballot cast by a covered voter in accordance with this subchapter.

(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

(C) The National Guard and state militia.

(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;

(C) A member on activated status of the National Guard or state militia; or

(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.

(June 5, 2012, D.C. Law 19-137, § 102, 59 DCR 2542.)

Section References

This section is referenced in § 1-1061.05.

Editor's Notes

Uniform Law: This section is based on § 2 of the Uniform Military and Overseas Voters Act.

§ 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.

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.

§ 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.

(June 5, 2012, D.C. Law 19-137, § 105, 59 DCR 2542.)

Editor's Notes

Uniform Law: This section is based on § 5 of the Uniform Military and Overseas Voters Act.

§ 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.

(June 5, 2012, D.C. Law 19-137, § 106, 59 DCR 2542; Feb. 18, 2017, D.C. Law 21-208, § 3, 63 DCR 15285.)

Section References

This section is referenced in § 1-1061.07.

Applicability

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 change made to this section by § 3 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.

Emergency Legislation

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).

Editor's Notes

Uniform Law: This section is based on § 6 of the Uniform Military and Overseas Voters Act.

§ 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.

(June 5, 2012, D.C. Law 19-137, § 107, 59 DCR 2542.)

Editor's Notes

Uniform Law: This section is based on § 7 of the Uniform Military and Overseas Voters Act.

§ 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.

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.

§ 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.

(June 5, 2012, D.C. Law 19-137, § 109, 59 DCR 2542.)

Editor's Notes

Uniform Law: This section is based on § 9 of the Uniform Military and Overseas Voters Act.

§ 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 7th 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.)

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.

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.

§ 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.

(June 5, 2012, D.C. Law 19-137, § 111, 59 DCR 2542.)

Editor's Notes

Uniform Law: This section is based on § 11 of the Uniform Military and Overseas Voters Act.