714

VOTE CASTING PROCEDURES: SPECIAL BALLOT

714.1

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

1. (a) Wishes to vote in a precinct other than that serving the voter's address;
2. (b) Is listed as an absentee voter on the alphabetical or supplemental lists of registered voters (poll book) in the precinct but claims that he or she has not voted by absentee ballot;
3. (c) Is listed on the poll book in the precinct but claims, in a primary election, that the party affiliation indicated on the listing is in error;
4. (d) Is listed on the poll book in the precinct but claims, in a general election, that the ANC Single-Member District indicated on the listing is in error;
5. (e) Alleges that his or her name has been erroneously omitted from the poll book, or alleges that his or her name or address is incorrectly printed on the poll book;
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 challenged pursuant to this chapter, and that challenge is accepted;
8. (h) 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 statutory poll-closing time;
9. (i) 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;
10. (j) 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; or
11. (k) Has registered to vote during the in-person absentee voting period, at an

early voting center designated by the Board, or at a polling place on Election Day.

714.2 An individual whose eligibility to vote in the election cannot be determined during the in-person absentee voting period, at an early voting center, or at a polling place on Election Day because of one (1) or more of the reasons cited in § 714.1 shall vote by Special Ballot.714.3 Any voter who wishes to vote in a precinct other than that serving the voter's address (voting precinct) because of age, disability, or limitation of health may contact the Board in writing prior to Election Day to request that a complete ballot for his or her precinct of residence be brought to the voting precinct on Election Day.714.4 A voter casting a Special Ballot shall complete, with the assistance of a designated polling place official, a Special Ballot Envelope which shall 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 driver's 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.714.5 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, or if he or she is not registered to vote, that he or she meets the qualifications for voter registration;

- (b) That he or she resides at the residence provided; and

- (c) That the information contained on the outside of the Special Ballot

Envelope is truthful and complete.

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

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

714.8 Designated polling officials shall issue the following to each voter casting a special ballot:

(a) A voter card with the word “SPECIAL” placed thereupon;

(b) Ballot(s);

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

(d) Written notification of appeal rights if the voter’s special ballot is rejected in whole or in part.

SOURCE: Final Rulemaking published at 39 DCR 2467, 2489-90 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4259 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 957 (February 10, 2012).