1401 NOMINATING PETITIONS

1401.1 Each nominating petition circulated for signatures shall contain:

(a) The full name and state of residence of the presidential candidate;

(b) The name, address, and telephone number of the person circulating the petition; and

(c) A statement that all of the signatories to the petition shall be of the same political party as the nominee.

1401.2 If the plan submitted by the party provides that convention delegates and alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot, each nominating petition shall also list the name, address, voter registration number, and office sought by each candidate for convention delegate or alternate.

1401.3 If the petition is used to nominate an uncommitted delegation pursuant to the party plan, the word "uncommitted" shall be placed on the petition in the space provided for the presidential candidate's name and state of residence.

1401.4 In order to circulate petitions pursuant to this chapter, a person shall:

(a) Be at least 18 years of age;

(b) Be a citizen of the United States;

(c) Not be incarcerated for a crime that is a felony in the District;

(d) Not have been found by a court of law to be legally incompetent to vote; and

(e) Either be a resident in the District of Columbia or, if not a resident in the District of Columbia, have registered as a non-resident petition circulator prior to circulating a petition in accordance with Sections 1401.5 and 1401.6.

1401.5 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition under this chapter, complete and file with the Board a Non-Resident Petition Circulator Registration Form in which he or she:

(a) Provides the name of (and office sought by) the candidate or ballot measure in support of which he or she will circulate the petition;

(b) Provides his or her name, residential address, telephone number, and email address;

(c) Swears or affirms that he or she, while not a resident of the District of Columbia, is otherwise eligible to vote in the District of Columbia;

(d) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;

(e) Consents to submit to the Board's subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.

1401.6 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator's name and residence address. Acceptable forms of proof of residence include:

1. (a) A copy of a current and valid government-issued photo identification;
2. (b) A copy of a current utility bill, bank statement, government check, paycheck;
3. (c) A copy of a government-issued document; or
4. (d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.

1401.7 Each circulator of a petition sheet shall swear or affirm under oath:

1. (a) That he or she has personally circulated the petition;
2. (b) That he or she has personally witnessed the signing of each signature on the petition;
3. (c) That he or she is responsible for the contents of the petition sheet, and that according to the best information available to the circulator, each signer is a registered, qualified elector of the same party as the candidate; and
4. (d) That he or she meets the petition circulator requirements set forth in § 1401.4.

1401.8 Signatures appearing on a nominating petition sheet shall not be counted as valid unless all required information is provided by the circulator in his or her affidavit.

1401.9 The individual who files the petition shall execute an affidavit attesting that to the best of his or her knowledge and belief that the petition being filed is complete and contains the legally required number of valid signatures.

1401.10 If the plan submitted by the party provides that convention delegates and

alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot, each candidate for convention delegate/alternate shall file a Declaration of Candidacy with the Board no later than the deadline for filing the petition, under Chapter 6 of this title.

1401.11 A candidate for convention delegate/alternate shall attest, inter alia, that he or she was properly selected, according to the rules of his or her political party.

1401.12 The Board may refuse to accept nominating petitions of individuals who fail to submit the declaration of proper selection required by § 1401.9.

1401.13 No nominating petition shall be issued by the Board unless the name of the presidential candidate is included in all appropriate spaces on the petition.

1401.14 If the party plan provides that convention delegates and alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot, no nominating petition shall be issued by the Board unless the names of each candidate for delegate/alternate are provided in all appropriate spaces on the petition.

SOURCE: Final Rulemaking published at 43 DCR 1350-51 (March 15, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013).