D.C. Mun. Regs. tit. 3, r. 3-1105

Current through Register 71, No. 45, November 7, 2024

Rule 3-1105 - FILING PETITIONS

1105.1

Where the elected official sought to be recalled is an elected official other than an Advisory Neighborhood Commissioner, all pages of a recall petition shall be submitted in hard copy for filing no later than 5:00 p.m. on the one hundred and eightieth (180th) calendar day following the date upon which the Board provided the original petition form. Where the elected official sought to be recalled is an Advisory Neighborhood Commissioner, all pages of a recall petition shall be submitted in hard copy for filing no later than 5:00 p.m. on the sixtieth (60th) calendar day following the date upon which the Board provided the original petition form. A petition, or any sheet comprising the petition, that is not timely submitted shall not be accepted for filing

1105.2

All timely submitted petitions shall be received by the Executive Director or his or her designee. When a petition is offered for filing, the Executive Director shall:

(a) Count the petition pages and issue a receipt for the total number of petition pages submitted;

(b) Serially number the pages and obliterate any blank lines appearing on each petition page; and

(c) Prepare an initial total count, broken down by ward, of the signatures submitted.

1105.3

A signature shall not be accepted, and shall not be included in the Executive Director's initial total count, if it:

(a) Appears on a page that is not a proper reproduction of the paper form provided by the Board;

(b) Appears on a page which does not have a completed circulator affidavit;

(c) Appears on a page that was circulated by an individual who is not a qualified petition circulator; and

(d) Is the signature of a registered voter who submitted a notarized request to disallow his or her signature from being counted on the petition, provided that the request was received prior to the time the petition is filed.

1105.4

If the initial total count indicates that the petition contains the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director shall accept the petition, post the petition for public inspection and challenge, and proceed with registration verification of petition signers in accordance with the rules of this chapter. If the petition does not contain the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director shall refuse to accept the petition and shall notify the proposer(s) in writing of the refusal.

1105.5

Within ten (10) days after the refusal, the proposer(s) of a refused petition may, pursuant to D.C. Code § 1-1001.17(j)(l) (2016 Repl.), petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the petition.

D.C. Mun. Regs. tit. 3, r. 3-1105

Final Rulemaking published at 42 DCR 4419, 4426-28 (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 Final Rulemaking published at 61 DCR 625 (January 24, 2014); amended by Final Rulemaking published at 65 DCR 5644 (5/18/2018); 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) ).