D.C. Mun. Regs. tit. 3, r. 3-721
The provisions of this section are inapplicable to absentee ballot requests submitted by covered voters, as that term is defined in D.C. Official Code § 1-1061.02(2).
Challenges to voter qualifications where the voter seeks to cast an absentee ballot shall be conducted according to the procedures of this section. Challenges to the qualifications of an elector who seeks to cast an emergency absentee ballot are specifically exempted. Challenges to a voter's registration, as described in D.C. Official Code § 1-1001.07(e)(5), may occur only pursuant to the provisions of Chapter 5.
The Board shall post in its office a list of all prospective voters who have submitted requests for absentee ballots for three (3) days beginning on the seventh (7th) day preceding an election.
During the three (3) day posting period, any duly registered voter may challenge the qualifications of any prospective voters who have submitted requests for absentee ballots.
Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge. The challenge form shall be submitted in-person at the Board's Office.
The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.
The voter's signature on the request for an absentee ballot shall serve as an affidavit from the voter that he or she is a qualified elector of the District.
On the same day that the challenge is submitted at the Board's Office, the absentee ballot official shall review the evidence presented and shall:
The absentee ballot official shall record the decision and the rationale for the decision on a form provided by the Board.
If the absentee ballot official denies the challenge, the absentee ballot official shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the rules regarding challenges and appeals to the Board. Any appeal from a decision to deny the challenge must be made immediately.
If the challenger does not appeal the absentee ballot official's decision to deny the challenge, the absentee ballot shall be counted as a regular ballot.
If the challenger appeals the absentee ballot official's decision to deny the challenge, the absentee ballot official shall state the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.
Either a Board member, the Board's Executive Director, or the Board's Registrar of Voters official may serve as the Board's hearing officer for the appeal.
The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation of the absentee ballot official's initial decision to deny the challenge.
The hearing officer shall take testimony under oath from the challenger, the challenged voter (if available), the absentee ballot official, and any witnesses who wish to testify.
Each person who testifies before the hearing officer shall state for the record their name as recorded on the Board's voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.
The hearing officer shall receive evidence and testimony and shall then close the hearing.
After reviewing all evidence pertaining to the challenge and making a decision based upon his or her determination of whether the challenger has presented substantial evidence that is specific to the voter being challenged and probative of the challenged voter's status as a qualified elector, the hearing officer shall either:
If the absentee ballot official affirms the challenge, or if the Board's hearing officer overturns the decision of the absentee ballot official to deny a challenge, the voter's absentee ballot and envelope shall be considered a special ballot and envelope, marked and processed as such.
D.C. Mun. Regs. tit. 3, r. 3-721