D.C. Mun. Regs. r. 3-700

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-700 - ELIGIBILITY OF ELECTORS
700.1

For the purpose of determining eligibility of an elector in a primary election, a change in party affiliation status occurs when a voter:

(a) Changes his or her party registration from one political party to another;
(b) Changes his or her party registration from "no party (independent)" to a political party; or
(c) Changes his or her party registration from a political party to "No Party (independent)."
700.2

[Repealed]

700.3

For the purpose of determining eligibility of an elector during any election for President and Vice President, an individual shall qualify as an elector in the District of Columbia for the offices of President and Vice President only (qualified federal elector) if:

(a) He or she resided in the District of Columbia and has moved into another state or territory and does not meet the voter registration residency requirements of that state or territory; and
(b) He or she otherwise meets the requirements of a qualified elector in the District of Columbia as of the date of change of residence.
700.4

Eligible electors shall be permitted to cast a regular ballot during the early voting period or on Election Day. Eligible electors shall include:

(a) In the case of primary elections:
(1) Duly registered voters whose registration record indicates an affiliation with the party conducting the primary and have not changed their party affiliation status during the twenty-one (21) days preceding the primary;
(2) Registered voters who have filed a change of address and/or name notification with valid proof of residence at the time of voting and whose registration record indicates an affiliation with the party conducting the primary that has not been changed during the twenty-one (21) days preceding the primary; or
(3) Qualified electors who newly register to vote during the early voting period or on Election Day; provide valid proof of residence; and affiliate with a party conducting a primary election.
(b) In the case of general elections:
(1) Duly registered voters;
(2) Registered voters who have filed a change of address and/or name notification with valid proof of residence at the time of voting; or
(3) Qualified electors who newly register to vote during the early voting period or on Election Day and provide valid proof of residence.
(c) In the case of special elections:
(1) Duly registered voters residing in the political subdivision in which the special election is occurring;
(2) Registered voters residing in the political subdivision in which the special election is occurring who have filed a change of address and/or name notification with valid proof of residence at the time of voting; or
(3) Qualified electors residing in the political subdivision in which the special election is occurring who newly register to vote during the early voting period or on Election Day and provide valid proof of residence.
700.5

An individual whose eligibility to vote in an election cannot be determined at the time of voting shall cast a special (provisional) ballot. An individual's eligibility may be unable to be determined for any of the following reasons:

(a) The individual attempted to register to vote at a vote center but did not provide valid proof of residence;
(b) The individual filed a change of address notification at a vote center but did not provide valid proof of residence;
(c) The individual filed a change of name notification at a vote center but did not provide valid proof of residence;
(d) [Repealed];
(e) The individual has already signed the poll book for the current election;
(f) The individual is listed as having cast a ballot in the election;
(g) The individual has not previously voted in a federal election in the District and who registered to vote by mail and failed to present, either at the time of registration, at a vote center, or when voting by mail, either a copy of a current and valid government-issued photo identification, a copy of a current (the issue, bill, or statement date is no earlier than ninety (90) days before the attempt to register and/or vote, whichever is applicable) utility bill, bank statement, government check, or paycheck, or other government-issued document that shows his or her name and address;
(h) The individual is listed on the poll book but claims, in a primary election, that the party affiliation indicated on the listing is in error;
(i) The individual is listed on the poll book but claims, in a general election, that the ANC Single-Member District indicated on the listing is in error;
(j) The individual's qualifications as an elector have been challenged pursuant to this chapter, and that challenge is accepted;
(k) The individual is listed on the poll book as eligible to vote in local elections only but claims he or she is eligible to vote in an election for federal office; or
(l) The individual is attempting to vote in an election for federal office during extended voting hours as a result of a federal or District of Columbia court order, or any other order.
700.6

An individual who casts a special (provisional) ballot due to failure to provide valid proof of residence or identification at the time of voting must provide such proof by no later than the seventh day after the election at issue in order for their ballot to be counted.

D.C. Mun. Regs. r. 3-700

Final Rulemaking published at 39 DCR 2478-79 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7401 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); repealed 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 68 DCR 13610 (12/17/2021); amended by Final Rulemaking published at 69 DCR 9504 (7/29/2022); amended by Final Rulemaking published at 70 DCR 12730 (9/22/2023); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023)
Authority: D.C. Official Code § 1-1001.05(a)(14)