D.C. Mun. Regs. tit. 3, § 810
Discretionary Manual Tabulation
Effective Sep 22, 202370 DCR 012730Authority: District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2016 Repl. & 2019 Supp.)). Source: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1246-47 (March 21, 1980); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 31 DCR 4524, 4527 (September 14, 1984); 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); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023).District of Columbia, Office of the Secretary
810.1 Notwithstanding instances when manual tabulation is required by law or this chapter, the Board may order that ballots be manually inspected and tabulated under the following circumstances:
- (a) Upon the filing of a recount petition, when it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular vote center, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are pre-printed on the ballot;
- (b) When there is evidence of a machine miscount or malfunction; or
- (c) When it is determined by the Board that manual tabulation is necessary to ascertain correct vote totals.
810.2 When manual tabulation is ordered pursuant to this section:
- (a) Validity of ballots and votes and tabulation procedures shall conform to the rules specified in this chapter;
- (b) Only the ballots for those vote centers and contests designated by the Board shall be manually tabulated; and
- (c) The Board shall direct that the tabulation be conducted at a time that is practicable.
SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1246-47 (March 21, 1980); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 31 DCR 4524, 4527 (September 14, 1984); 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); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023).