814.1 The Board shall conduct an automatic recount:

(a) If, in any election for President and Vice-President of the United States, Delegate to the House of Representatives, Mayor, Chairman of the Council, member of the Council, Attorney General, at-large member of the State Board of Education, or member of the State Board of Education, the certified election results show a margin of victory for a candidate that is less than one percent (1%) of the total votes cast for that office. The cost of such recount shall not be charged to any candidate;

(b) If, in any contest involving an initiative, referendum, or recall measure, the difference between the number of votes for and against the measure is less than one percent (1%) of the total votes cast in that contest; or

(c) If so ordered by the D.C. Court of Appeals pursuant to a petition to review an election, whether or not a recount has been previously conducted or requested.

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 26, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403, 410 (January 23, 1981); 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).