1706 POSTING OF NOMINATING PETITIONS

1706.1 The Board shall post, by making available for public inspection, the nominating petitions or facsimiles of the petitions, in the office of the Board, for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) day after the filing deadline required by law.1706.2 Any qualified elector may within the 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.1706.3 An 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 1704.7 (d)'.1706.4 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.1706.5 Within three (3) working days of receipt of a challenge the Board shall serve in person or by certified mail, a copy of the challenge upon the candidate.1706.6 The Board shall receive evidence in support of and in opposition to the challenge, and shall determine the validity of the challenged petition, within fifteen (15) days after the challenge has been filed.1706.7 Within three (3) days after announcement of the determination of the Board with respect to the validity of a nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.1706.8 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.1706.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate and the candidate's name shall be printed on the official election ballot.

SOURCE: Final Rulemaking published at 35 D.C. Reg. 2006, 2026 (March 11, 1988); as amended by Final Rulemaking published at 46 D.C. Reg. 4335, 4337 (May 14, 1999); and further amended by Final Rulemaking published at 47 D.C. Reg. 5927 (July 28, 2000).

HISTORICAL NOTE: Prior to March 11, 1988, the Board of Elections and Ethics published Final Rulemaking notices published at 27 D.C. Reg. 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 D.C. Reg. 1929, 1982-83 (May 9, 1980); at 29 D.C. Reg. 2798, 2802-03 (July 2, 1982); and at 30 D.C. Reg. 5289, 5308 (October 14, 1983) 46 D.C. Reg. 4337 (May 19, 1999); and further amended by Final Rulemaking published at 47 D.C. Reg. 5927 (July 28, 2000).