D.C. Mun. Regs. tit. 3, r. 3-816

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

Rule 3-816 - RECOUNT PROCEDURES

816.1

The Executive Director shall conduct recount proceedings in accordance with provisions of this section.

816.2

The validity of ballots and votes recounted shall be determined pursuant to the provisions of this chapter.

816.3

Manual tabulation of votes in a recount proceeding shall be conducted in accordance with the provisions of this chapter.

816.4

Within two (2) days following the Board's determination to grant a recount petition or a court order directing the Board to conduct a recount, notice of recount proceedings shall be delivered via email to all qualified candidates for the contest being recounted. Public notice of recount proceedings shall be posted on the Board's website at least twenty- four (24) hours in advance of the commencement of the recount.

816.5

Each candidate, or organizational group in support of or opposition to a ballot question, in a contest involved in a recount shall be permitted to have no more than two (2) poll watchers at all phases of the recount, regardless of whether the candidate properly applied for poll watcher credentials pursuant to § 706. Candidates may also observe all phases of the recount in addition to their assigned poll watchers.

816.6

Apart from the election officials necessary to conduct the recount, priority of access to the place where the recount will occur will first be given to the candidate, or organizational groups in support of or opposition to a ballot question, in the contest being recounted. Space permitting, poll watchers and election observers credentialed pursuant to § 706, then members of the public and media shall also be given access.

816.7

Recount officials shall re-run all official ballots through a tabulator and count only the votes for the office or ballot question at issue in the recount. All ballots which are not machine-readable shall be tabulated manually, pursuant to the rules provided in this chapter.

816.8

[REPEALED].

816.9

At the conclusion of the recount proceedings, a recount results report shall be presented to the Board and posted on the Board's website. The Board shall determine the number of votes received by each candidate as a result of the recount, but shall not make a new certification of the results of the election unless the outcome of the contest has changed as a result of the recount.

816.10

There shall be only one (1) recount per contest.

816.11

Results of the recount are final and not appealable.

D.C. Mun. Regs. tit. 3, r. 3-816

Final Rulemaking published at 28 D.C. Reg. 1726 (April 26, 1981), incorporating the text of Proposed Rulemaking published at 28 D.C. Reg. 403, 411 (January 23, 1981); as amended by Final Rulemaking published at 51 D.C. Reg. 7433 (July 30, 2004); as amended by Final Rulemaking published at 51 D.C. Reg. 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, 11166 (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)

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).