605 DETERMINATION OF ELIGIBILITY OF WRITE-IN CANDIDATES

605.1 Within three (3) days of the date on which an Affirmation of Write-in Candidacy is filed, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the affirmant to be a candidate for the particular office sought.

605.2 Notice of the determination shall be served immediately by mail upon any affirmant found to be ineligible.

605.3 The determination shall be based solely upon information contained in the Affirmation of Write-in Candidacy and upon information contained in other public records and documents as may be maintained by the Board.

605.4 The determination shall in no way be deemed to preclude further inquiry into or challenge to such individual's eligibility for candidacy or office made prior to the certification of election results by the Board and based upon information which is not known to the Board at the time of the preliminary determination, or upon evidence of changed circumstances.

605.5 The criteria used for determining eligibility to be a write-in candidate shall be limited to the appropriate statutory requirements for the particular office sought.

605.6 If it is determined that a write-in nominee is not eligible to be a candidate all votes cast for that individual shall be counted as invalid ballots.

605.7 If a write-in winner is declared ineligible, the Board shall, in accordance with applicable statutes and rules, determine and declare a winner from among the eligible candidates.

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, 2773 (June 27, 1980); and further amended by Final Rulemaking published at 30 D.C. Reg. 5289, 5296-97 (October 14, 1983).