D.C. Mun. Regs. tit. 3, r. 3-601

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 3-601 - DECLARATION OF CANDIDACY
601.1

Each candidate for nomination to elected office shall declare his or her candidacy on an affidavit form prescribed by the Board (after this, "Declaration of Candidacy").

601.2

The Declaration of Candidacy filed by the candidate shall contain the following information:

(a) The name, and address of the candidate;
(b) The office that the candidate seeks;
(c) The date of the election;
(d) The ward or Advisory Neighborhood Commission Single-Member District from which the candidate seeks election, where applicable;
(e) The candidate's party affiliation, where applicable;
(f) The candidate's residence addresses for the applicable period to determine eligibility;
(g) The candidate's designation of how he or she would like his or her name to be listed on the ballot;
(h) A statement that the candidate meets the qualifications for holding the office sought; and
(i) A notice of the penalties for making false representations as to one's qualifications for holding elective office.
601.3

Each candidate shall swear under oath or affirm before a District notary or Board official that the information provided in the Declaration of Candidacy is true to the best of the candidate's knowledge and belief.

601.4

The Declaration of Candidacy shall also contain sufficient space for the candidate to print his or her email address and phone number. By providing an email address, the candidate consents to receiving official communication by email at the address provided.

601.5

The Declaration of Candidacy must be filed before the Registrar will issue nominating petitions for the particular office sought, except that in the event the nomination of candidates for election to the office of presidential elector is made by message to the Board pursuant to D.C. Code §§ 1-1001.08(d) (2011 Repl.), the deadline for filing the Declaration of Candidacy shall be the same date as the deadline for making nominations by message.

601.6

Within three (3) business days after the deadline for filing nominating petitions for the particular office sought, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the declarant to be candidate for the particular office sought.

601.7

Notice of the Executive Director's preliminary determination shall be served immediately by email or first-class mail upon each candidate.

601.8

The preliminary determination of eligibility shall be based solely upon information contained in the Declaration of Candidacy and upon information contained in other public records and documents as may be maintained by the Board. The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.

601.9

The preliminary determination of eligibility shall in no way be deemed to preclude further inquiry into or challenge to the eligibility of an individual for candidacy or office made prior to the certification of election results. The Executive Director or his or her designee may reverse a preliminary determination of eligibility based upon evidence which was not known to the Executive Director at the time of the preliminary determination or upon evidence of changed circumstances. Except insofar as the Executive Director may exercise his or her discretion to revisit a preliminary favorable determination of eligibility, a preliminary favorable determination is subject to review exclusively through nominating petition challenge procedures (including challenge filing deadlines) set forth at D.C. Code §§ 1-1001.08(o).

601.10

In the event that the Executive Director determines that an individual is ineligible to be a candidate for the particular office sought, the individual's nominating petition shall nevertheless be posted for the challenge period specified in D.C. Code §§ 1-1001.08(o) (2011 Repl.), along with the Executive Director's preliminary determination.

601.11

Within three (3) days of receipt of notice of an adverse determination of eligibility, a declarant aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the declarant and specifying concisely the grounds for appeal.

601.12

The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.

601.13

The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 2-501et seq. (2011 Repl.), and may be heard by a one-member panel (D.C. Official Code §§ 1-1001.05(g) (2011 Repl.)).

601.14

Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code §§ 1-1001.05(g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.

D.C. Mun. Regs. tit. 3, r. 3-601

Final Rulemaking published at 30 DCR 5289 (October 14, 1983); as amended by Final Rulemaking published at 31 DCR 4524 (September 14, 1984); as amended by Final Rulemaking published at 40 DCR 8633-34 (December 17, 1993); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023); amended by Final Rulemaking published at 71 DCR 5415 (5/10/2024)
Authority: D.C. Official Code § 1-1001.05(a)(14).