718 ABSENTEE BALLOTS FOR QUALIFIED UNIFORMED AND OVERSEAS ELECTORS

718.1 Qualified uniformed and overseas electors may request an absentee ballot by using the FPCA as described in § 512, or if already registered, by making a written request to the Board.718.2 A qualified uniformed or overseas elector's request for an absentee ballot may be delivered electronically or by mail.718.3 A request for an absentee ballot shall be received by no later than the seventh (7th) day preceding the date of the election.718.4 A request for an absentee ballot from a qualified uniformed or overseas elector shall include the following:- (a) The voter's name;

- (b) Election(s) for which the absentee ballot is requested;

- (c) Address from which the voter is registered to vote;

- (d) Voter's current residence address, if different from the address listed on the Board's records;

- (e) Address to which the absentee ballot shall be delivered;

- (f) Preference of either mail or electronic delivery of ballot;

- (g) Voter's driver's license number, the last four(4) digits of the voter's social security number, or the voter's passport number or identification number issued by the Secretary of State;

- (h) Voter's date of birth; and

- (i) Voter's original signature.718.5 A qualified uniformed or overseas elector may select to have his or her absentee ballot electronically transmitted or delivered by mail. If no preference is given, the absentee ballot shall be delivered by mail.718.6 The Board shall transmit blank absentee ballots by no later than forty-five (45) days before the election if the blank absentee ballot application is received at least forty-five (45) days before a general election. If the request is received less than forty-five (45) days before an election for federal office, the Board shall transmit the blank absentee ballot in accordance with District law in a manner that expedites the transmission of the ballot.718.7 If, after a request for an absentee ballot is made, the qualified

uniformed or overseas elector does not receive an absentee ballot from the Board, the voter may use the Federal Write-In Absentee Ballot, as defined under the Uniformed and Overseas Absentee Citizens Voting Act, as an official ballot.

718.8 A qualified overseas elector may return an absentee ballot to the Board electronically or by mail.

718.9 Prior to returning the voted absentee ballot to the Board, a qualified uniformed or overseas elector shall confirm the accuracy of his or her name, address, party affiliation, and ANC Single-Member District, where applicable, as it appears on the Board's records by signing either the absentee ballot envelope, or if the absentee ballot is returned electronically, a separate downloadable attestation form. Such signature shall be deemed an affirmation that the voter's information is correct as shown on the Board's records.

718.10 A qualified uniformed or overseas elector who submits his or her ballot electronically shall provide and sign the following statement on a separate document: "I understand that by electronically submitting my voted ballot I am voluntarily waiving my right to a secret ballot."

718.11 All postmarked absentee ballots shall be postmarked not later than the day of the election, and all mailed (postmarked and non-postmarked) absentee ballots shall be received not later than ten (10) days after the election

718.12 The Board will take steps to reasonably investigate the timely completion of non-postmarked absentee ballots by checking tracking numbers or any other information available.

718.13 If the voter chooses to use the Federal Write-In Absentee Ballot, the Board will accept the ballot for all races in which the voter is eligible to cast votes.

SOURCE: Final Rulemaking published at 39 D.C. Reg. 2467, 2492-93 (April 10, 1992); as amended by Final Rulemaking published at 51 D.C. Reg. 7417 (July 30, 2004); as amended by Final Rulemaking published at 56 D.C. Reg. 5753, 5757 (July 17, 2009); as amended by Final Rulemaking published at 57 D.C. Reg. 4245, 4269 (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, 11138(November 26, 2010).