714.1

Uses for a Special Ballot (or Provisional Ballot) include instances where the voter:

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;
3. (c) Wishes to vote in a precinct other than that serving the voter's address because of age, disability, 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;
4. (d) Is listed as an absentee voter on the alphabetical or supplemental lists of registered voters in the precinct but claims that he or she has not voted by absentee ballot;
5. (e) 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;
6. (f) Is listed on the alphabetical list of registered voters in the precinct but claims, in a general election, that the ANC Single-Member District indicated on the listing is in error;
7. (g) 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;
8. (h) 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;
9. (i) Has been deemed 'inactive' on the voter roll and presents himself or herself to vote at the precinct serving his or her current residence address;
10. (j) Has been challenged pursuant to this chapter, and that challenge is accepted;
11. (k) Has been placed on a precinct list of voters deemed 'administratively challenged' because his or her voter registration notification card was returned to the Board by the

United States Postal Service, indicating that the person does not reside at the address on the voter's registration application;

(l) 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 poll-closing time that had been in effect, pursuant to statute, ten (10) days before the date of the election;

(m) 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;

(n) Resides temporarily at a District of Columbia licensed nursing home or assisted living facility, or at a qualified retirement home and casts a ballot at such facility;

(o) Has registered to vote on or after the date that in-person absentee voting begins at the early voting center at the Board's office for an election occurring before December 31, 2010; or

(p) Has registered to vote on or after the date that in-person absentee voting begins at the early voting center at the Board's office for an election occurring after December 31, 2010, and did not present a valid, government-issued photo identification card showing the individual's address.

714.2 An individual whose eligibility to vote in the election cannot be determined at an early voting center or at the polls on election day because of one or more of the reasons cited in § 714.1 shall vote by Special Ballot.

714.3 A registered voter who files an election day change of address at the precinct of current residence shall, by written affirmation, establish identity and current residence within the precinct at the time of voting.

714.4 The outside of the Special Ballot Envelope shall contain a statement warning the voter of the criminal penalties for making a false representation as to his or her qualifications for voting and an affirmation signed by the voter attesting to the following:

(a) That to the best of his or her knowledge and belief, he or she is a registered voter in the District of Columbia;

(b) If he or she is not registered to vote, that he or she meets the qualifications for voter registration;

(c) That he or she resides at the residence provided;

(d) That the information contained on the outside of the Special Ballot Envelope is truthful and complete; and

(e) Any other information as the Board deems necessary for its chief registration official to determine that the individual is qualified to have the ballot counted.

714.5 Before being permitted to vote, the voter shall sign the affirmation printed on the Special Ballot Envelope.

714.6 The designated polling place official shall witness the voter signing the affirmation printed on the Special Ballot Envelope.

714.7 The Special Ballot Envelope shall also provide space for the following information:

(a) The name and current residence of the voter;

(b) The reason for voting the Special Ballot;

(c) The voter's drivers license number or last four (4) digits of the voter's social security number;

(d) The voter's date of birth;

(e) The precinct in which the voter is casting the ballot; and

(f) Any other information as may be necessary to determine if the person is qualified to vote.

714.8 Designated polling officials shall place the word "SPECIAL" upon each ballot card which the voter will receive, and shall issue the following:

(a) Ballots;

(b) An inner envelope to ensure the secrecy of the ballot; and

(c) Written notification of appeal rights to the voter if the Board's chief registration official decides not to count the Special Ballot.

714.9 If a voter has been challenged and that challenge is accepted, the designated polling place officials shall place the word "challenged" on the Special Ballot Envelope.

714.10 For each voter that has been administratively challenged, the designated polling place officials shall place the words "administratively challenged" on the Special Ballot Envelope.

714.11 Designated polling officials shall instruct the voter on the following:

(a) Designating choices on the ballot;

(b) Placing the voted ballot in the inner envelope;

(c) Placing the inner envelope containing the voted ballot inside the Special Ballot Envelope; and

(d) Depositing the sealed envelope in the Special Ballot Box.

714.12 The Board shall review the information provided on the Special Ballot Envelope as well as all other available evidence pertaining to the eligibility of each voter casting a Special Ballot, and shall make a decision about whether to count or reject each special ballot in a manner consistent with the procedures set forth in § 715.

714.13 If a duly registered voter casts a Special Ballot in a precinct that does not serve his or her current residence address, the Board shall count that ballot for federal and District-wide election contests.

714.14 The tabulation of votes recorded on all Special Ballots approved for counting by the chief registration official or the Board shall be conducted on the tenth (10th) day following the election, along with all remaining absentee ballots approved for counting; provided, that those absentee ballots which are received sufficiently in advance of the election may be counted on election day.

714.15 As soon as practicable after the election, the Board shall mail each registered voter who filed a change of address at the polls on election day a non-forwardable address confirmation notice to the address provided in the written affirmation on the Special Ballot Envelope.

714.16 Where the United States Postal Service returns the address confirmation notification as "undeliverable" or indicating that the registrant does not live at the address provided in the written affirmation on the Special Ballot Envelope, the Board shall notify the Attorney General of the District of Columbia.

SOURCE: Final Rulemaking published at 39 D.C. Reg. 2467, 2490 (April 10, 1992); as amended by Final Rulemaking published at 51 D.C. Reg. 7414 (July 30, 2004); as amended by Final Rulemaking published at 57 D.C. Reg. 4245, 4262 (May 14, 2010); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11123, 11130 (November 26, 2010).