1001 COMMENCEMENT OF INITIATIVE OR REFERENDUM PROCESS

1001.1 In order to commence the initiative or referendum process, a registered qualified elector(s) shall file the following documents with the Board:

(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, as defined in § 1002.8;

(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.

1001.2 Upon receipt, the Board shall immediately transmit a copy of the measure to its General Counsel, who shall prepare for publication in the D.C. Register a "Notice of Public Hearing: Receipt and Intent to Review" the proposed initiative or referendum measure.

1001.3 Following publication of the "Notice of Public Hearing: Receipt and Intent to Review" in the D.C. Register, the Board, at a public hearing, shall determine whether to approve the measure as proper subject matter for an initiative or referendum measure, or to reject it based on the following reasons:

(a) The measure presented is not a proper subject for an initiative or referendum under Title IV of the Self-Government Act;

(b) The statement of organization and the report(s) of receipts and expenditures have not been filed with the Office of Campaign Finance;

(c) The form of the measure does not comply with the requirements set forth in §1001.1;

(d) The measure authorizes or would have the effect of authorizing discrimination prohibited under the Human Rights Act of 1977; or

(e) The measure would negate or limit an act of the Council enacted pursuant to § 446 of the District of Columbia Self-Government and Governmental Reorganization Act.

1001.4 In the event of a refusal to accept the measure as a proper subject matter, the Board shall endorse on the measure the words "received but not accepted," and the date, and retain the measure pending appeal.

1001.5 The proposer(s) of a rejected initiative or referendum measure may, under D.C. Code § 1-1001.16(b)(3) (2006 Repl.), as amended, petition the Superior Court of the District of Columbia, within ten (10) days after the refusal, for a writ in the nature of mandamus to compel the Board to accept the measure.

1001.6 If none of the grounds for refusal specified in § 1001.3 exist, the Board shall accept the initiative or referendum measure as a proper subject matter and shall assign a serial number to the measure.

1001.7 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.

1001.8 The first referendum measure shall be numbered 001 in numerals. Succeeding measures shall be numbered 002, 003, 004, and so on ad infinitum.

1001.9 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 D.C. Reg. 103, 104-05 (January 12, 1996).

EDITOR'S NOTE: Section 11717 of Title XI of the National Capital Revitalization and Self Government Improvement Act of 1997 amended section 101 of the District of Columbia Self-Government Reorganization Act by striking 'District of Columbia Self Government and Governmental Reorganization Act' and inserting 'District of Columbia Home Rule Act.' Therefore, all reference, to the 'District of Columbia Self-Government and Governmental Reorganization Act' shall mean the 'District of Columbia Home Rule Act.'