1000 GENERAL PROVISIONS

1000.1 This chapter governs the process by which registered qualified elector(s) of the District of Columbia may present initiative or referendum measures to the electorate for their approval or disapproval.

1000.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:

(a) The term “Home Rule Act” means the “District of Columbia Self Government and Governmental Reorganization Act”, Public Law 93-198 (codified at D.C. Official Code § 1-201.01 et seq.), and any subsequent amendments.

(b) The term “qualified petition circulator” means any individual who is:

(i) At least 18 years of age; and

(ii) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

(c) The term “initiative” means the process by which the electors of the District of Columbia may propose laws (except laws appropriating funds) and present such proposed laws directly to the registered qualified electors of the District of Columbia for their approval or disapproval.

(d) The term “referendum” means the process by which the registered qualified electors of the District of Columbia may suspend acts of the Council of the District of Columbia (except emergency acts, acts levying taxes, or acts appropriating funds for the general operation budget) until such acts have been presented to the registered qualified electors of the District of Columbia for their approval or rejection, provided that the Chairman of the Council has transmitted the Act to the Speaker of the House of Representatives, and the President of the Senate, under D.C. Official Code § 1-206.02(c)(1) (2006 Repl.).

1000.3 In order to commence the initiative or referendum process, a registered qualified elector(s) shall file the following documents in-person at the Board’s office:

(a) Five (5) printed or typewritten copies of the full text of the initiative or referendum measure;

(b) A summary statement of the measure not exceeding one hundred (100) words in length;

(c) A short title of the measure to be proposed by initiative or of the act or part of the act to be referred; and

(d) An affidavit under oath containing the name, telephone number, and residence address of the proposer, and a statement that the proposer is a registered qualified elector of the District of Columbia; and

(e) A copy of the statement of organization and report(s) of receipts and expenditures filed with the Office of Campaign Finance.

1000.4 Within one business day after the receipt of a proposed initiative or referendum measure, the Board shall:

(a) Provide notice in the District of Columbia Register of the measure's receipt and the Board's intent to review the measure at a public hearing to determine whether it presents a proper subject for initiative or referendum, whichever is applicable ("Notice of Public Hearing: Receipt and Intent to Review");

(b) Request advisory opinions from the Attorney General and the General Counsel for the Council on whether the measure is a proper subject of initiative or referendum: provided that, advisory opinions regarding proposed initiatives are due within 15 business days after the request, and advisory opinions regarding proposed referenda are due within five business days after the request.

1000.5 A measure does not present a proper subject for initiative or referendum, and must be refused by the Board, if:

(a) The measure presented would violate the Home Rule Act;

(b) The measure presented seeks to amend the Home Rule Act;

(c) The measure presented would appropriate funds;

(d) The measure presented would violate the U.S. Constitution;

1. (e) The statement of organization and the report(s) of receipts and expenditures have not been filed with the Office of Campaign Finance;
2. (f) The form of the measure does not include legislative text, a short title, or a summary statement containing no more than one hundred (100) words;
3. (g) The measure authorizes or would have the effect of authorizing discrimination prohibited under the Human Rights Act of 1977 or any subsequent amendments; or
4. (h) The measure would negate or limit an act of the Council enacted pursuant to § 446 of the Home Rule Act.1000.6 Within ten (10) days after the refusal, the proposer(s) of a rejected initiative or referendum measure may petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the measure. The Board shall retain the submitted petition pending appeal.1000.7 If the Board determines that the initiative or referendum measure presents a proper subject, or if the Superior Court of the District of Columbia grants a writ in the nature of mandamus compelling the Board to accept the measure, the Board shall accept the initiative or referendum measure as a proper subject matter and shall assign a serial number to the measure.1000.8 The first initiative measure shall be numbered one (1) in numerals. Succeeding measures shall be numbered consecutively 2, 3, 4, and so on ad infinitum.1000.9 The first referendum measure shall be numbered 001 in numerals. Succeeding measures shall be numbered 002, 003, 004, and so on ad infinitum.1000.10 Once assigned a serial number, an initiative or referendum measure shall be known and designated on all petitions, election ballots, and proceedings as 'Initiative Measure No. ' or 'Referendum Measure No. .'

SOURCE: Final Rulemaking published at 43 DCR 103-4 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022).