D.C. Mun. Regs. tit. 3, r. 3-521

Current through Register Vol. 72, No. 1, January 3, 2025

Rule 3-521 - CANCELLATION OF VOTER REGISTRATION: CHALLENGE AND REQUEST FOR ADDITIONS TO REGISTRATION ROLL

521.1

Any duly registered voter may:

(a) "Challenge" the registration (but not pre-registration) of any person on the following grounds:

(i) The voter is fictitious;

(ii) The voter is deceased;

(iii) The voter, by the time of the primary election, will not be at least seventeen (17) years of age and will not be eighteen (18) on or before the next general election;

(iv) The voter will not be at least eighteen (18) years of age on or before the date of the general or special election;

(v) The voter will not have lived within the District for at least thirty (30) days preceding the next election;

(vi) The voter claims voting residence or the right to vote in any state, territory, or country; or

(vii) The voter has been adjudged legally incompetent to vote by a court of competent jurisdiction.

(b) "Request" the addition of any person whose name has been erroneously omitted or cancelled from the registration roll.

521.2

A voter registration challenge or request to add a person whose name has been erroneously omitted or cancelled shall not be accepted:

(a) If, within three (3) business days of receipt of the challenge or request, the Board's General Counsel issues a determination that the challenge or request is insufficiently supported. In the event of such determination, the voter submitting the challenge or request may re-submit the challenge or request with additional support or, within three (3) business days of notice of the General Counsel's determination, appeal that determination in writing to the Board; or

(b) If the challenge or request was submitted after the forty-fifth (45th) day preceding an election.

521.3

During the period beginning on the ninetieth (90th) day before any election and ending on the forty-fifth (45th) day before any election, the Board shall expedite the process as further described in this section.

521.4

Requests for the correction of the voter roll or the challenge of the right to vote of any person named on the voter roll shall be in writing and shall include any evidence in support of the challenge that the registrant is not a qualified elector.

521.5

If the General Counsel does not find that the challenge was insufficiently supported, the Board shall send notice to any person whose registration has been challenged at the address listed on the Board's record, along with a copy of any evidence filed in support of the challenge.

521.6

The notice sent to a person whose registration has been challenged shall be sent to the address listed on the Board's records, and shall include a statement that the registrant must respond to the challenge not later than thirty (30) days from the date of the mailing of the notice, or ten (10) days if the challenge is received between ninety (90) and forty-five (45) days from the election, or be cancelled from the voter roll.

521.7

The Registrar shall make a determination with respect to the challenge, based on any evidence presented, within ten (10) days of receipt of the challenged registrant's response, or three (three) days if the challenge is received between ninety (90) and forty- five (45) days from the election.

521.8

After making a determination with respect to the challenge, the Registrar shall notify, by first class mail, both the challenged registrant and the person who filed the challenge.

521.9

Within fourteen (14) days of the date that the Registrar of Voters' notice is mailed, or five (5) days if the challenge is received between ninety (90) and forty-five (45) days from the election, any aggrieved party may appeal the Registrar's determination to the Board.

521.10

The Board shall conduct a hearing and issue a decision within thirty (30) days of receipt of the written appeal notice, or ten (10) days if the challenge is received between ninety (90) and forty- five (45) days from the election.

521.11

With respect to a request for the addition of a person to the voter roll, if the Board's records indicate that the omission or cancellation was proper, the Board shall send notice of its determination, by first-class (forwardable) mail, to both the individual named in the request and the person who filed the request. The notice shall advise both parties that the person whose name was removed from the registration roll is required to submit a new voter registration application in order to become registered.

D.C. Mun. Regs. tit. 3, r. 3-521

Final Rulemaking published at 57 D.C. Reg. 3267, 3291 (April 16, 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, 956 (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 71 DCR 7243 (6/21/2024)

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.).