D.C. Mun. Regs. tit. 3, r. 3-710

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 3-710 - CHALLENGE TO VOTER QUALIFICATIONS: IN-PERSON VOTING
710.1

Challenges to voter qualifications where the voter is present at the time of the challenge shall be conducted according to the procedures of this section. Challenges to a voter's registration, as described in D.C. Official Code § 1-1001.07(e)(5), may occur pursuant to the rules in Chapter 5, and may not occur at any voting place.

710.2

Any duly registered voter may challenge the qualifications of a prospective voter in a primary, special, or general election.

710.3

Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge.

710.4

The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.

710.5

After receiving a challenge or making a challenge on his or her own initiative, the Site Coordinator shall give the challenged voter an opportunity to respond.

710.6

The Site Coordinator shall review the evidence presented and shall:

(a) Affirm the challenge upon a finding 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; or
(b) Deny the challenge upon a finding that it is not based on substantial evidence specific to the voter being challenged and probative of the challenged voter's status as a qualified elector.
710.7

The Site Coordinator shall record the decision and the rationale for the decision on a form provided by the Board.

710.8

If the Site Coordinator denies the challenge, he or she 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.

710.9

Any appeal of the Site Coordinator's decision to deny the challenge shall be made either before the challenged voter casts a ballot, or before either the challenger or the challenged voter leaves the vote center, whichever is earlier.

710.10

If the challenger does not appeal the Site Coordinator's decision to deny the challenge, the challenged voter shall cast a regular ballot.

710.11

If the challenger appeals the Site Coordinator's decision to deny the challenge, the Site Coordinator shall state, over the telephone, the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.

710.12

Either a Board member, the Board's Executive Director, or the Board's Registrar of Voters may serve as the Board's hearing officer for the appeal.

710.13

The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation specified in this section of the Site Coordinator's initial decision to deny the challenge.

710.14

The hearing officer shall take testimony under oath from the challenger, the person challenged, the Site Coordinator, and any witnesses who wish to testify.

710.15

Each person who testifies before the hearing officer shall state for the record their name as recorded on the Board's voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.

710.16

The hearing officer shall receive evidence and testimony and shall then close the hearing.

710.17

After reviewing all evidence pertaining to the challenge and making a decision based upon their 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 hearing officer shall either:

(a) Affirm the Site Coordinator's decision to deny the challenge, in which case the challenged voter shall cast a regular ballot, and the Site Coordinator shall inform the challenger of their right to appeal the decision of the Board hearing officer to the Superior Court of the District of Columbia; or
(b) Overturn the Site Coordinator's decision to deny the challenge, in which case the challenged voter shall cast a "challenged" special ballot.
710.18

If the Site Coordinator affirms the challenge, or if the Board's hearing officer overturns the decision of the Site Coordinator to deny a challenge, the Site Coordinator shall allow the challenged voter to cast a "challenged" special ballot.

D.C. Mun. Regs. tit. 3, r. 3-710

Final Rulemaking published at 39 D.C. Reg. 2467, 2486-88 (April 10, 1992); as amended by Final Rulemaking published at 51 D.C. Reg. 7409-7412 (July 30, 2004); as amended by Final Rulemaking published at 56 D.C. Reg. 5753, 5755 (July 17, 2009); and as amended by Final Rulemaking published at 57 D.C. Reg. 4245, 4257 (May 14, 2010); amended by Final Rulemaking published at 62 DCR 14744 (11/13/2015); amended by Final Rulemaking published at 65 DCR 6543 (6/15/2018); amended by Final Rulemaking published at 69 DCR 5226 (5/13/2022); amended by Final Rulemaking published at 70 DCR 12730 (9/22/2023)
Authority: D.C. Official Code § 1-1001.05(a)(14)