D.C. Mun. Regs. tit. 7, r. 7-1518

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 7-1518 - VALIDITY OF BALLOTS AND VOTES

1518.1

Only official ballots shall be validated and counted. Improper ballots or votes shall be deemed invalid and not counted. Improper ballots or votes shall include, but are not limited to:

(a) Any ballot which is received by the election official after the date and time determined by the election official for return of ballots, except for those ballots postmarked prior to the deadline but delayed in the mail and received prior to the date in which ballot counting begins;

(b) Any ballot which is not an original, replacement, or provisional ballot issued by the election official to a qualified voter;

(c) Any ballot cast in which the qualified voter fails to mark a choice;

(d) Any ballot which is signed, initialed, or otherwise marked in a manner which serves to reveal the identity of the qualified voter;

(e) Any ballot on which the qualified voter has filled in the voting positions for more than one eligible candidate name included on the ballot (extraneous marks or other matter on a ballot which do not lead to confusion as to the intention of the qualified voter, may be disregarded and the ballot considered valid);

(f) Any ballot on which a qualified voter has written in the name of a person other than an eligible candidate whose name is pre-printed on the ballot; and

(g) Any paper ballot which is not returned within a pre-addressed, postage paid return envelope with a unique control number corresponding with the unique control number included on the ballot (except for any ballot submitted by an authorized electronic means).

1518.2

No qualified voter shall cast more than one ballot, in any form, in an election or vote in a category other than the category in which he or she is a qualified voter. Duplicate or unauthorized ballots or votes shall be deemed improper and not counted.

1518.3

Nothing contained in Section 1518.1 of these Rules shall be construed as invalidating any ballot solely because of a voter's failure to follow the instructions for filling out an official ballot provided pursuant to Section 1517.3(a) of these Rules. If a voter draws an arrow pointing to an eligible candidate's name, circles an eligible candidate's name or the voting box next to an eligible candidate's name, places a check, asterisk, or other mark in such a manner that clearly indicates his or her intended choice, the ballot shall be considered valid and shall be counted as a vote for such eligible candidate.

1518.4

The election official shall make determinations of the validity of ballots or votes. The determination of the election official in charge as to the validity of any ballot or vote shall be final and only subject to further administrative review at the discretion of the Executive Director.

1518.5

Any ballot counter or authorized watcher who is uncertain whether a ballot or vote is valid shall refer the ballot to the election official in charge for a determination.

1518.6

No ballot counter shall mark on any ballot. The election official in charge may only mark a ballot to denote that the ballot has been determined to be invalid. The election official in charge shall initial the ballot below his or her marking. A ballot determined to be invalid shall remain in the custody of the election official in charge and stored in a secure location, separate from ballots deemed valid.

D.C. Mun. Regs. tit. 7, r. 7-1518

Final Rulemaking published at 65 DCR 2951 (3/23/2018)