D.C. Mun. Regs. tit. 3, r. 3-815

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 3-815 - PETITIONS FOR RECOUNT, RECOUNT DEPOSITS, AND REFUND OF RECOUNT DEPOSITS

815.1

Any qualified candidate in any election may, within seven (7) days after the Board certifies the election results, petition the Board for a recount of the ballots cast in that election. Such petition shall be in writing and shall specify the precincts in which the recount shall be conducted.

815.2

Upon receipt of a recount petition, the Board shall prepare and provide to the petitioner an estimate of:

(a) The costs to perform the recount; and

(b) The number of hours required to complete the recount.

815.3

If the petitioner chooses to proceed, they shall submit a deposit to the Board that shall go toward the payment of the actual costs incurred for the recount. The deposit shall be submitted within seven (7) days of receipt of the estimate of the costs to perform the recount and the number of hours required to complete the recount.

815.4

The amount of the deposit shall be calculated by multiplying the number of precincts included in the recount by fifty dollars ($50).

815.5

Deposits shall be paid by certified check or money order made payable to the order of the "D.C. Treasurer." No cash will be accepted.

815.6

The petitioner shall not be required to make a deposit for or pay the cost of any recount in any election where the difference between the number of votes received by the petitioner and the number of votes received by the person certified as having been elected to that office is:

(a) In the case of a ward-wide contest, less than one percent (1%) of the total valid ballots cast in the contest or less than fifty (50) votes, whichever is less; or

(b) In the case of an at-large contest, less than one percent (1%) of the total valid ballots cast in the contest or less than three hundred fifty (350) votes, whichever is less; and

(c) In the case of an Advisory Neighborhood Commission Single-Member District contest, less than ten (10) votes.

815.7

If the recount changes the result of the election, the entire amount deposited by the petitioner shall be refunded.

815.8

If the result of the election is not changed, the petitioner is liable for the actual cost of the recount, minus the deposit already made.

815.9

If the results of the election are not changed as a result of the recount, but the actual costs to perform the recount was less than the amount deposited by the petitioner, the difference shall be refunded to the petitioner.

815.10

A candidate may, at any time, request in writing that the recount be terminated. In that event, the petitioner is liable for the actual cost of the partial recount, minus the deposit already made. If the amount of the deposit exceeds the actual cost of the partial recount, the Board shall refund the difference between the amount of the deposit and the actual cost of the recount.

D.C. Mun. Regs. tit. 3, r. 3-815

Final Rulemaking published at 51 D.C. Reg. 7432-7433 (July 30, 2004); as amended by Final Rulemaking published at 51 D.C. Reg. 5070-5071 (May 14, 2004); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11149, 11165 (November 26, 2010); amended by Final Rulemaking published at 62 DCR 14744 (11/13/2015); amended by Final Rulemaking published at 63 DCR 014814 (12/2/2016); amended by Final Rulemaking published at 69 DCR 9504 (7/29/2022)

3 DCMR § 815 is formerly entitled, "Automatic Recount."

Authority: The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Code § 1-1001.05(a)(14).