D.C. Mun. Regs. tit. 3, § 707
707.1 Any duly registered voter may challenge the qualifications of a prospective voter in a primary, special or general election.707.2 Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge.707.3 The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.707.4 After receiving a challenge or making a challenge on his or her own initiative, the Precinct Captain shall give the challenged voter an opportunity to respond.707.5 The Precinct Captain shall review the evidence presented and shall:- (a) Affirm the challenge upon a finding that it is based on substantial evidence specific to the voter being challenged and probative of the challenged voter's status as a qualified elector, or;
- (b) Deny the challenge upon a finding that it is not based on substantial evidence specific to the voter being challenged and probative of the challenged voter's status as a qualified elector.707.6 The Precinct Captain shall record the decision and the rationale for the decision on a form provided by the Board.707.7 If the Precinct Captain denies the challenge, he or she shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the regarding challenges and appeals to the Board.707.8 Any appeal of the Precinct Captain's decision to deny the challenge shall be made either before the challenged voter casts a regular ballot, or before either the challenger or the challenged voter leaves the polling place, whichever is earlier.707.9 If the challenger does not appeal the Precinct Captain's decision to deny the challenge, the challenged voter shall cast a regular ballot.707.10 If the challenger appeals the Precinct Captain's decision to deny the challenge, the Precinct Captain shall state, over the telephone, the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.707.11 Either a Board member, the Board's Executive Director, or the Board's chief voter registration official may serve as the Board's hearing officer for the appeal.707.12 The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation, as specified in §707.6, of the Precinct Captain's initial decision to deny the challenge.707.13 The hearing officer shall take testimony under oath from the challenger, the person challenged, the Precinct Captain, and any witnesses who wish to testify.707.14 Each person who testifies before the hearing officer shall state for the record their name as recorded on the Board's voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.707.15 The hearing officer shall receive evidence and testimony and shall then close the hearing.
707.16 After reviewing all evidence pertaining to the challenge and making a decision based upon his or her determination of whether the challenger has presented substantial evidence that is specific to the voter being challenged and probative of the challenged voter's status as a qualified elector, the hearing officer shall either:
(a) Affirm the Precinct Captain's decision to deny the challenge, in which case the challenged voter shall cast a regular ballot, or;
(b) Overturn the Precinct Captain's decision to deny the challenge, in which case the challenged voter shall cast a "challenged" special ballot, pursuant to § 710.4(h).
707.17 If the Precinct Captain affirms the challenge made at the polling place, or if the Board's hearing officer overturns the decision of the Precinct Captain to deny a challenge, the Precinct Captain shall allow the challenged voter to cast a "challenged special ballot, pursuant to § 710.4(h).
SOURCE: Final Rulemaking published at 39 D.C. Reg. 2467, 2482-84 (April 10, 1992); as amended by final Rulemaking amended at 51 D.C. Reg. 7406-7407 (July 30, 2004).