710 TYPES OF VOTERS

710.1 In any election held in the District of Columbia, there shall be the following types of voters:

1. (a) Duly registered voter;
2. (b) Absentee voter;
3. (c) Special voter; and
4. (d) Federal voter.

710.2 A "duly registered voter" is a person who meets the following requirements:

1. (a) He or she is a "qualified elector," under § 500.2;
2. (b) He or she registers to vote by no later than thirty (30) days prior to the election; and
3. (c) He or she resides at the residence address as that address appears on the Board's records.

710.3 An "absentee voter" is a duly registered voter who qualifies to vote absentee under the following conditions:

1. (a) He or she has requested an absentee ballot under § 716, 717, 718, or 719, and;
2. (b) He or she qualifies to cast an absentee ballot for at least one (1) of the reasons specified in § 715.2.

710.4 A "special voter" is a person who may qualify to vote by special ballot, or provisional ballot, as it is termed in the "Help America Vote Act of 2002," because he or she:

1. (a) Is employed by the Board or employed by the District performing election duties which prevent the voter from voting the ballot in the voting precinct serving the voter's current residence address;
2. (b) Wishes to vote in a precinct other than that serving the voter's address because of age, handicap, or limitation of health; provided, that where the vote is to be cast outside the voter ward or single member district, written notice from the voter shall be received by the Board prior to election day, so that the person may be provided with a complete ballot;
3. (c) Is listed as an absentee voter on the alphabetical list of registered voters in the precinct but claims that he or she has not voted by absentee ballot;
4. (d) Is listed on the alphabetical list of registered voters in the precinct but claims, in a primary election, that the party affiliation indicated on the listing is in error;
5. (e) Alleges that his or her name has been erroneously omitted from the list of registered voters, or alleges that his or her name or address is erroneously printed on the list of registered voters;
6. (f) Has moved from the address as listed on the Board's registration records and presents himself or herself to vote at the precinct serving his or her current residence address;
7. (g) Has been deemed "inactive" on the voter roll and presents him or herself to vote at the precinct serving his or her current residence address;

(h) Has been challenged under § 707, and that challenge is accepted, in which case the ballot shall be designated as "challenged" on the special ballot envelope;

(i) Has been challenged under § 710.7, in which case the ballot shall be designated as "administratively challenged" on the special ballot envelope;

(j) Votes in an election for Federal office as a result of a Federal or District of Columbia court order or any other order extending the time established for closing the polls by a District law in effect 10 days before the date of that election; or

(k) Has not previously voted in a Federal election in the District and who registers to vote by mail and fails to present, either at the time of registration, at the polling place, or when voting by mail, either a copy of a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other document that shows his or her name and address.

(l) Resides at a District of Columbia licensed nursing home or assisted living facility, or at a qualified retirement home.

710.5 A "federal voter" is a person who:

(a) Resided or was domiciled in the District of Columbia who has moved into another state or territory and does not meet the voter registration residence requirements of that state or territory; or resided or was domiciled in the District of Columbia immediately prior to departure from the United States and does not claim voting residence in any other state or territory;

(b) Is or will be eighteen (18) years old by the date of the next primary or general election in which a federal office appears on the ballot;

(c) Has not been adjudged mentally incompetent and is not incarcerated for conviction of a felony; and

(d) Has requested a "federal ballot" under § 720 by not later than the 23rd day preceding the date of the election.

710.6 Except as provided in this section, the vote of a person who is a duly registered voter of the District of Columbia shall be valid only if cast in the voting precinct serving the registrant's current residence address.

710.7 In the event that the voter registration notification sent to a new registrant by the Board of Elections is returned by the United States Postal Service during the thirty (30) day period immediately preceding the date of any election indicating that the person does not reside at the address of voter registration, the vote of such person shall be deemed "administratively challenged" and that person shall cast his or her vote by special ballot.

710.8 The Board shall place a list of voters deemed "administratively challenged" in each precinct which includes newly-registered voters whose voter registration notification is returned by the United States Postal Service under § 710.7.

SOURCE: Final Rulemaking published at 39 D.C. Reg. 2467, 2486-88 (April 10, 1992); Amendments to Final Rulemaking published at 51 D.C. Reg. 7409-7412 (July 30, 2004); and as amended by Final Rulemaking published at 56 D.C. Reg. 5753, 5755 (July 17, 2009).