D.C. Mun. Regs. tit. 3, § 1011
1011.1 The Board shall post initiative or referendum petitions, or facsimiles thereof, in its office for public inspection for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law.1011.2 Any qualified elector may within the ten (10)-day posting period challenge the validity of any petition by filing with the Board a written statement that concisely specifies the alleged defect(s) in the petition and is duly signed by the challenger.1011.3 A qualified elector may also challenge the validity of an initiative or referendum petition by citing the exact provision(s) in the Board's regulations upon which the challenge is based. For example, if the ground upon which a signature is challenged is that the signature is not dated, such challenge shall be expressed as follows: '3 DCMR § 1009.10(d)'.1011.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the proposed measure ineligible for ballot access.1011.5 The Board may, on its own motion, dismiss a petition challenge where the total number of challenged signatures would not reduce the total number of signatures submitted by the proposer(s) below the required statutory amount.1011.6 Within three (3) working days of receipt of a challenge, the Board shall serve in person, by certified mail, or email a copy of the challenge upon the proposer of the measure.1011.7 The Board shall receive evidence in support of and in opposition to the challenge and determine the validity of the challenged petition not more than twenty (20) days after the challenge has been filed.1011.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed by Chapter 4 of this title.1011.9 In the event a petition challenge is filed with the Board, the permanent registration records of the Board shall be searched by members of its staff and those staff persons shall be made available as witnesses to either party.1011.10 The scope of the search shall be limited to matters raised in the petition challenge, including, but not limited to, the following:- (a) Whether the signer is a duly registered elector;
- (b) Whether the signature is that of the duly registered elector whose name appears on the petition; and
(c) Whether the signer is a resident of the applicable ward.
1011.11 In the event the Board discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare the signature invalid, notwithstanding the defect was not alleged or challenged.
1011.12 The Board shall consider any other evidence as may be submitted, including, but not limited to, documentary evidence, affidavits, and oral testimony.
1011.13 The Board, in view of the fact that it shall hear and determine the validity of the challenged petition within a limited time, may limit examination and cross-examination of witnesses to the following:
(a) Objections and specifications of any objections, if any, to the initiative or referendum petition; and
(b) Objections and specifications of objections, if any, to the petition challenge.
SOURCE: Final Rulemaking published at 43 D.C. Reg. 103, 118 (January 12, 1996); as amended by Final Rulemaking published at 47 DCR 5927 (July 28, 2000); as amended by Final Rulemaking published at 58 DCR 941, 970 (February 10, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013).