1011 POSTING OF INITIATIVE AND REFERENDUM PETITIONS

1011.1 The Board shall post, by making available for public inspection, initiative or referendum petitions, or facsimiles of those petitions, in the office of the Board for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the petition has been accepted for filing.1011.2 Any qualified elector may within that ten (10) day period challenge the validity of any petition by a written statement duly signed by the challenger and filed with the Board, specifying concisely the alleged defects in the petition.1011.3 An 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 1009.9(d)'.1011.4 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 fifteen (15) days after the challenge has been filed.1011.5 Petition challenges shall be adjudicated in accordance with the procedures prescribed by chapter 4 of this title, and §§ 1011.2 and 1011.3 of this section.1011.6 The Board may, on its own motion, dismiss a petition challenge as moot 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.1011.7 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.1011.8 The scope of the search shall be limited to matters raised in the petition challenge, including, but not limited to, whether the signer is a duly registered elector; whether the signature is that of the duly registered elector whose name appears on the petition; and whether the signer is a resident of the ward involved.1011.9 In the event the Board discovers a fatal defect pursuant to a record search for a specific allegation or challenge, the Board may, on its own motion, declare the signature invalid, notwithstanding the defect was not alleged or challenged.1011.10 The Board shall consider any other evidence as may be submitted, including, but not limited to, documentary evidence, affidavits and oral testimony.1011.11 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); and further amended by Final Rulemaking published at 47 D.C. Reg. 5927 (July 28, 2000).