602 FILING AND PROCESSING OF THE DECLARATION OF CANDIDACY

602.1 Except as provided in § 602.2, the deadline for filing the Declaration of Candidacy and Affidavit of Qualifications shall be the same date as the deadline for filing nominating petitions for the particular office sought.602.2 In the event the nomination of candidates for election to the office of presidential elector is made by message to the Board pursuant to D.C. Code § 1-1001.08(d) (2006 Repl.), the deadline for filing the Declaration shall be the same date as the deadline for making nominations by message.602.3 The Board shall reject the nominating petition of any individual who fails to timely file a Declaration of Candidacy and Affidavit of Qualifications.602.4 Within three (3) working days after the deadline for filing nomination petitions for any office, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the declarant to be candidate for the particular office sought.602.5 Notice of the Executive Director's determination shall be served immediately by certified mail upon each declarant and upon the chairperson of any political committee(s) registered as supporting that individual's candidacy.602.6 The preliminary determination of eligibility shall be based solely upon information contained in the Declaration of Candidacy and Affidavit of Qualifications and upon information contained in other public records and documents as may be maintained by the Board.602.7 The preliminary determination of eligibility shall in no way be deemed to preclude further inquiry into or challenge to the eligibility of an individual for candidacy or office made prior to the certification of election results by the Board and based upon evidence which was not known to the Board at the time of the preliminary determination or upon evidence of changed circumstances.602.8 The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.602.9 In the event it is determined that an individual is ineligible to be a candidate for the particular office sought, the individual's nominating petition shall nevertheless be posted for the challenge period specified in D.C. Code § 1-1001.08(o) (2006 Repl.), along with the Executive Director's determination.

SOURCE: Final Rulemaking published at 27 D.C. Reg. 3805 (August 29, 1980), incorporating the text of Proposed Rulemaking published at 27 D.C. Reg. 2768, 2770-71 (June 27, 1980); as amended by Final Rulemaking published at 29 D.C. Reg. 1223 (March 19, 1982), by Final Rulemaking published at 29 D.C. Reg. 2798 (July 2, 1982); by Final Rulemaking published at 30 D.C. Reg. 5289, 5295-96 (October 14, 1983); and further amended by Final Rulemaking published at 31 D.C. Reg. 4524 (September 14, 1984).