604 AFFIRMATION OF WRITE-IN CANDIDACY OF AN APPARENT WINNER OF A CONTEST BY WRITE-IN VOTES IN A PRIMARY OR GENERAL ELECTION

604.1 Prior to certifying the ballots for a write-in candidate who is the apparent winner of a contest in a primary or general election, there shall be a determination as to that individual's eligibility to be a candidate for nomination or election to the office for which the individual's name was written or placed upon the ballot.604.2 If the Executive Director or his or her designee, determines that the apparent winner of a primary, general, or special election is a write-in candidate who has not previously filed a Declaration of Candidacy and Affidavit of Qualifications with the Board, that individual shall immediately be notified by hand delivery or by mail of the results of the election.604.3 In the case of a primary election, a write-in nominee, who is an apparent winner and wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy, on a form provided by the Board, not later than 4:45 p.m. on the third (3^rd) day immediately following the election.604.4 In the case of a general election, an apparent winner by write-in voting, who wishes to perfect his or her candidacy shall file with the Board an Affirmation of Write-in Candidacy, on a form provided by the Board, not later than 4:45 p.m. on the seventh (7^th) day immediately following the election.604.5 Write-in candidates for a nomination or election, who fail to submit the documents required by this section within the prescribed times, shall be deemed to be ineligible; and votes cast for such individuals shall be deemed invalid.604.6 The Affirmation of Write-in Candidacy form shall contain the same information required for the Declaration form set forth in § 601.3.604.7 Each write-in candidate shall swear or affirm upon oath before a District of Columbia notary or Board official that the information provided in the Affirmation of Write-in Candidacy is true to the best of his or her knowledge and belief.

SOURCE: Final Rulemaking published at 35 D.C. Reg. 7486-87 (October 14, 1988); and as amended by Final Rulemaking published at 56 D.C. Reg. 4738, 4741 (June 19, 2009).

HISTORICAL NOTE: Prior to March 11, 1988, the Board of Elections and Ethics published Final Rulemaking notices at 27 D.C. Reg. 3805 (August 29, 1980); incorporating the text of Proposed Rulemaking published at 27 D.C. Reg. 2768, 2771-73 (June 27, 1980); and at 30 D.C. Reg. 5289, 5296 (October 14, 1983).