D.C. Mun. Regs. tit. 3 § 720

Current through Register Vol. 71, No. 18, May 3, 2024
Rule 3-720 - ABSENTEE VOTING
720.1

The rules of this section shall govern the process by which eligible electors cast a ballot outside of a voting place ("absentee voting").

720.2

A qualified federal elector may request an absentee ballot for any primary or general election for the office of President and Vice President of the United States.

720.3

Any duly registered voter may request an absentee ballot for any of the following:

(a) Any single election;
(b) All elections in a calendar year; or
(c) All future elections that the voter may be eligible to vote (permanent request).
720.4

A duly registered voter's request to permanently receive an absentee ballot shall be honored until:

(a) The voter submits a written request to no longer receive absentee ballots;
(b) The voter is no longer a qualified elector;
(c) Any mail sent to the voter is returned to the Board as undeliverable; or
(d) The voter fails to return a voted absentee ballot for two back-to-back elections in which he or she is eligible to vote.
720.5

A duly registered voter or qualified federal elector may submit a written request for an absentee ballot electronically, by mail, or in-person at the Board's office. Qualified uniformed services and overseas voters may request an absentee ballot by using the Federal Post Card Application (FPCA) or the declaration accompanying a Federal Write-In Absentee Ballot (FWAB declaration). All requests for absentee ballots shall be received by the Board no later than the fifteenth (15th) day preceding the date of the election, except that requests for absentee ballots from qualified uniformed services and overseas voters shall be received no later than the third (3rd) day preceding the date of the election.

720.6

No person shall be permitted to execute an application for an absentee ballot for another registered voter.

720.7

A request for an absentee ballot shall include the following:

(a) The voter's name;
(b) Election(s) for which the absentee ballot is requested;
(c) Address from which the voter is registered to vote;
(d) Voter's current residence address, if different from the address listed on the Board's records;
(e) Address to which the absentee ballot shall be delivered, if applicable;
(f) Voter's DMV-issued identification number, the last four (4) digits of the voter's social security number, or the voter's unique voter identification number issued by the Board;
(g) Voter's date of birth; and
(h) Voter's signature, whether original or as a digitized image given directly by the applicant or received on behalf of the applicant through the Department of Motor Vehicles.
720.8

A qualified uniformed services or overseas voter may choose to have his or her absentee ballot electronically transmitted or delivered by mail. If no preference is given, the absentee ballot shall be delivered by mail.

720.9

An absentee ballot request from a uniformed services or overseas voter shall be treated as a valid, standing request for an absentee ballot for any and all elections that fall within the election cycle in which the request was received, unless the voter requests absentee ballots for a different time period.

720.10

If a duly registered voter who requests an absentee ballot provides a residence address that is different from the residence address listed on the Board's records, the application for an absentee ballot shall also be considered a request for a change of address.

720.11

Prior to returning the voted absentee ballot to the Board, a voter shall confirm the accuracy of his or her name, address, party affiliation, and ANC Single-Member District, where applicable, as it appears on the Board's records by signing either the absentee ballot envelope. The voter's signature shall be deemed an affirmation that the voter's information is correct as shown on the Board's records and that the voter is a qualified elector.

720.12

An absentee ballot may be returned to the Board by:

(a) Mail, provided it is postmarked or otherwise demonstrated to have been sent on or before the day of the election and received by no later than the 10th day after Election Day;
(b) Delivery to any voting place at any time before the close of the polls on Election Day;
(c) Delivery to the Board's office at any time before the close of the polls on Election Day;
(d) Fax or email (electronically) in the case of a qualified uniformed services or overseas voter, provided it is received no later than 8:00 p.m. on Election Day; or
(f) Use of the Board's accessible remote ballot service in the case of a voter with disabilities, provided it is received no later than 8:00 p.m. on Election Day.
720.13

A qualified uniformed services or overseas voter who submits his or her voted ballot electronically shall provide and sign the following statement on a separate document: "I understand that by electronically submitting my voted ballot I am voluntarily waiving my right to a secret ballot."

D.C. Mun. Regs. Tit. 3, § 720

Final Rulemaking published at 39 D.C. Reg. 2467, 2495 (April 10, 1992); as amended by Final Rulemaking published at 51 D.C. Reg. 7418 (July 30, 2004); as amended by Final Rulemaking published at 56 D.C. Reg. 5753, 5757 (July 17, 2009); as amended by Final Rulemaking published at 57 D.C. Reg. 4245, 4272 (May 14, 2010); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11123, 11140 (November 26, 2010); as amended by Notice of Emergency and Federal Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Notice of Final Rulemaking published at 58 DCR 941, 967 (February 10, 2012); 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 67 DCR 10944 (9/11/2020); amended by Final Rulemaking published at 67 DCR 14502 (12/11/2020); amended by Final Rulemaking published at 69 DCR 9504 (7/29/2022); amended by Final Rulemaking published at 71 DCR 4475 (4/19/2024)
Section 720 (Absentee Federal Ballot) is repealed and replaced with § 720 (Federal Electors and Absentee Federal Ballot) pursuant to Notice of Final Rulemaking published at 59 DCR 941 (February 10, 2012).
Authority: The District of Columbia Board of Elections and Ethics, pursuant to the authority set forth in D.C. Official Code § 1-1001.05(a)(14) (2011 Repl.).