807.1 The review and tabulation of Special Ballots shall:

1. (a) Be conducted separately from the review and tabulation of all other ballots;
2. (b) Be conducted publicly; and
3. (c) Otherwise be conducted in the same manner as regular ballots, insofar as those procedures do not conflict with the provisions of this section.

807.2 All Special Ballot Envelopes shall remain sealed until the voter's eligibility has been preliminarily determined by the Executive Director.

807.3 A Special Ballot shall be eligible to be tabulated when the Executive Director has determined that:

1. (a) If the voter registered to vote at the polls or an early voting center, the voter cast the Special Ballot at the precinct in which the voter maintains residence or at an early voting center designated by the Board;
2. (b) The voter is a qualified elector of the District of Columbia; and
3. (c) The voter did not otherwise vote in the same election.

807.4 Not later than the first (1st) Tuesday following each election, the Executive Director shall issue preliminary determinations to count or reject each Special Ballot cast during an election.

807.5 The Executive Director or his or her designee shall record on the back of the Special Ballot Envelope whether the Special Ballot was accepted, either in full or in part, or rejected and, if rejected, the reason why the Special Ballot was rejected.

807.6 If the Executive Director rejects a Special Ballot, the Special Ballot Envelope shall remain sealed. All rejected Special Ballots, Special Ballot Envelopes, along with any voter eligibility information gathered shall be enclosed in containers marked with the words "Rejected Special Ballots and Envelopes" and the date of the election. Pursuant to § 715, the voter may appeal to the Board the Executive Director's preliminary determination to reject the voter's Special Ballot.

807.7 All Special Ballots cast by voters whose eligibility has been verified shall be tabulated on the tenth (10th) day following an election, in accordance with the rules contained in this chapter.

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1245 (March 21, 1980); as amended by Final Rulemaking published at 30 DCR 5300 (October 14, 1983); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010).