1309

POSTING OF PETITIONS FOR PUBLIC INSPECTION

1309.1 The Board shall post nominating petitions, or facsimiles thereof, in its office for public inspection for five (5) working days beginning on the third (3rd) working day after the filing deadline required by law.

1309.2 Any qualified elector may, within the five (5)-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.

1309.3 A qualified elector may also challenge the validity of a nominating 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 § 1307.7(d)".

1309.4 The Board shall not accept any challenge which, on its face, does not allege defects in the petition which, if valid, would render the prospective candidate ineligible.

1309.5 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.

1309.6 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 candidate.

1309.7 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged petition no more than twenty (20) days after the challenge has been filed.

1309.8 Petition challenges shall be adjudicated in accordance with the procedures prescribed in chapter 4 of this title.

1309.9 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.

1309.10 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 registered elector;

(b) Whether the signature is that of a registered elector whose name appears on the petition; and

(c) Whether the signer is a resident of the applicable single-member district

1309.11 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.

1309.12 The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1309.13 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 such objections, if any, to the nominating petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1309.14 If the Board upholds the validity of the petition, it shall certify the candidate and the candidate's name shall be printed on the official election ballot.

1309.15 If a one (1)-member Board panel makes a determination on the validity of a challenged nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

1309.16 Upon determining all challenges filed with respect to petitions, or if no challenges have been filed at the expiration of the challenge period referred to in this section, the Executive Director, or his or her designee, shall certify the names of all candidates whose petitions survived the challenge period or a challenge.

SOURCE: Final Rulemaking published at 43 DCR 1078, 1101-02 (March 1, 1996); as amended by Final Rulemaking published at 46 DCR 4335 (May 14, 1999); as amended by Final Rulemaking published at 47 DCR 5927-28 (July 28, 2000); as amended by Final Rulemaking published at 58 DCR 941, 973 (February 10, 2012); as amended by Final Rulemaking published at 59 DCR 4773, 4778 (May 11, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013).