D.C. Mun. Regs. tit. 3, r. 3-1106

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 3-1106 - PETITION CHALLENGES

1106.1

The Executive Director or his or her designee shall post all timely submitted petitions, or facsimiles thereof, in the Board's office for public inspection and opportunity for challenge on the basis of an insufficient number of valid signatures or any other grounds (except as to the merits of the recall) by any qualified elector(s) for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petitions are filed. A challenge to a recall petition that is not properly submitted to the Board within the challenge period shall not be accepted.

1106.2

Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge to the validity of the signatures on the petition is properly filed if:

(a) It cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;

(b) It is signed and submitted in-person at the Board's office by a qualified elector within the ten (10)-day posting period;

(c) It alleges the minimum number of signature defects which, if valid, would render the proposed measure ineligible for ballot access; and

(d) It appears on its face to be based on a good faith review of each signature and circulator affidavit. An absence of good faith may be determined where the Board's review of the challenge indicates that the defect(s) alleged for a substantial number of signatures and/or circulator affidavits could not reasonably be found to apply to such signatures and/or circulator affidavits.

A challenge on grounds other than the alleged invalidity of any petition signature will be properly filed if sets forth concisely a procedural or other defect that is not based on the merits of the reasons for or against the recall.

1106.3

Upon the receipt of a properly filed challenge, the General Counsel or his or her designee shall promptly serve a copy of the challenge upon the proposer by first-class mail or email. In addition, the Board's General Counsel may schedule a prehearing conference between the parties.

1106.4

After receipt of a properly filed challenge that is based on allegedly invalid signatures, the Board's staff shall search the Board's registration records to prepare a recommendation to the Board as to the validity of the challenge.

1106.5

The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1106.6

The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:

(a) Objections and specifications of such objections, if any, to the petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1106.7

Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the proposed measure whose petition was challenged.

1106.8

If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or the proposer may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

D.C. Mun. Regs. tit. 3, r. 3-1106

Final Rulemaking published at 42 DCR 4419, 4428-30 (August 18, 1995); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Notice of Final Rulemaking published at 59 DCR 4773, 4776 (May 11, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023)

Authority: The District of Columbia Election Code of 1955, as amended, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) ).