(a) The Board shall:
(1) Accurately maintain a uniform, interactive computerized voter registration list which shall serve as the official voter registration list for all elections in the District, and shall contain the name, registration information, and a unique identifier assigned for every registered voter in the District. The voter registration list shall be administered pursuant to the Help America Vote Act of 2002 and pertinent federal and local law, and shall be coordinated with other District agency databases;
(2) Take whatever action is necessary and appropriate to actively locate, identify, and register qualified voters;
(3) Conduct elections;
(4) Provide for recording and counting votes by means of ballots or machines or both;
(5) Publish in the District of Columbia Register no later than 45 days before each election held under this subchapter, a fictitious name sample design and layout of the ballot to be used in the election. This requirement shall not apply to any special election to fill a vacancy in an Advisory Neighborhood Commission single-member district;
(6) Publish in 1 or more newspapers of general circulation in the District, a sample copy of the official ballot to be used in any such election, provided, however, nothing contained herein shall require the publication of a sample copy of the official ballots to be used in the advisory neighborhood commissions' elections;
(7) Publish in the District of Columbia Register on the 3rd Friday of every month, the total number of qualified electors registered to vote in the District as of the last day of the month preceding publication. Such notice shall be broken down by ward and political party affiliation, where applicable, and shall list the total number of new registrants, party changes, cancellations, changes of names, and/or addresses processed under each category;
(8) Divide the District into appropriate voting precincts, each of which shall contain at least 350 registered persons; draw precinct lines within election wards created by the Council, subject to the approval of the Council, in whole or in part, by resolution;
(9) Operate polling places;
(10) Provide information regarding procedures for voter registration and absentee ballots to absent uniformed services voters and overseas voters in United States elections, accept valid voter registration applications, absentee ballot applications, and absentee ballots including write-in ballots from all of those voters, and comply with the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. § 1873ff et seq.);
(11) Certify nominees and the results of elections;
(12) Take all reasonable steps to inform all residents and voters of elections and means of casting votes therein;
(13) Repealed;
(14) Issue such regulations and expressly delegate authority to officials and employees of the Board (such delegations of authority only to be effective upon publication in the District of Columbia Register) as are necessary to carry out the purposes of this subchapter, Chapter 11A of this title, subchapter VII of this chapter, and related acts requiring implementation by the Board. The regulations authorized by this paragraph include those necessary to: Determine that candidates meet the statutory qualifications for office; define the form of petitions; establish rules for the circulation and filing of petitions; establish criteria to determine the validity of signatures on petitions; and provide for the registration of any political party seeking to nominate directly candidates in any general or special election;
(15) Take reasonable steps to facilitate voting by blind persons and persons with physical and developmental disabilities, qualified to vote under this subchapter, and to authorize such persons to cast a ballot with the assistance of a person of their own choosing;
(15A) At the request of a candidate, consider what action, if any, should be taken to clarify the identity of a candidate if there is potential for confusion among voters about the identity of a candidate because of the similarity of his or her name to another candidate or elected official; and
(16) Perform such other duties as are imposed upon it by this subchapter; and
(17) Perform duties imposed upon it by subchapter VII of this chapter.
(a-1)(1) The Board shall hold regular monthly meetings in accordance with a schedule to be established by the Board. Additional meetings may be called as needed by the Board. Except in the case of an emergency, the Board shall provide at least 48 hours notice of any additional meeting.
(2) The Board shall make available for public inspection and post on its website a proposed agenda for each Board meeting as soon as practicable, but in any event at least 24 hours before a meeting. Copies of the agenda shall be available to the public at the meeting. The Board, according to its rules, may amend the agenda at the meeting.
(3) All meetings of the Board shall be open to the public, unless the members vote to enter into executive session. The Board shall not vote, make resolutions or rulings, or take any actions of any kind during executive session, except those that:
(A) Relate solely to the internal personnel rules or practices of the Board;
(B) Would result in the disclosure of matters specifically exempted from disclosure by statute; provided, that the statute:
(i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or
(ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;
(C) Would result in the disclosure of trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(D) Involve accusing any person of a crime or formally censuring any person;
(E) Would result in the disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(F) Would result in the disclosure of investigatory records compiled for law enforcement purposes or information which, if written, would be contained in the records, but only to the extent that the production of the records or information would:
(i) Interfere with enforcement proceedings;
(ii) Deprive a person of a right to a fair trial or an impartial adjudication;
(iii) Constitute an unwarranted invasion of personal privacy; or
(iv) Disclose investigative techniques and procedures; or
(G) Specifically concern the Board's issuance of a subpoena, the Board's participation in a civil action or proceeding, or disposition by the Board of a particular matter involving a determination on the record after opportunity for a hearing.
(4) The Board shall keep the minutes of each meeting of the Board and shall make the minutes of each meeting available to the public for inspection and distribution, and shall post the minutes on the Board's website, as soon as practicable, but in all cases before the next regularly scheduled meeting.
(b)(1) The Board shall, on the 1st Tuesday in April of each presidential election year, conduct a presidential preference primary election within the District of Columbia in which the registered qualified voters therein may express their preference for candidates of each political party of the District of Columbia for nomination for President.
(2) No person shall be listed on the ballot as a candidate for nomination for President in such primary unless there shall have been filed with the Board no later than 90 days before the date of such presidential primary election a petition on behalf of his or her candidacy signed by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who are registered under § 1-1001.07, and of the same political party as the nominee.
(3)(A) Candidates for delegate and alternates where permitted by political party rules to a particular political party national convention convened to nominate that party's candidate for President shall be listed on the ballot of the presidential preference primary held under this subchapter as:
(i) Full slates of candidates for delegates supporting a candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such slate's candidacy signed by the candidates on the slate, and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who are registered under § 1-1001.07 and are of the same political party as the candidates on such slate;
(ii) Full slates of candidates for delegates not committed to support any named candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such slate's candidacy, signed by the candidates on the slate and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who have registered under § 1-1001.07 and are of the same political party as the candidates on such slate;
(iii) An individual candidate for delegate supporting a candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who have registered under § 1-1001.07 and are of the same political party as the candidate; or
(iv) An individual not committed to support any named candidate for nomination for President if there shall have been filed with the Board, no later than 90 days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who have registered under § 1-1001.07 and are of the same political party as the candidate.
(B) No candidate for delegate or alternate may be listed on the ballot unless such candidate was properly selected according to the rules of his political party relating to the nomination of candidates for delegate or alternate.
(C) The governing body of each eligible party shall file with the Board, no later than 180 days prior to the presidential preference primary election:
(i) Notification of that party's intent to conduct a presidential preference primary; and
(ii) A plan for the election detailing the procedures to be followed in the selection of individual delegates and alternates to the convention of that party, including procedures for the selection of committed and uncommitted delegates.
(4) The Board shall:
(A) Arrange the ballot for the presidential preference primary so as to enable each voter to indicate his or her choice for presidential nominee and for the slate of delegates and alternates pledged to support that prospective nominee with 1 mark, and provide an alternative to vote for individual delegates or uncommitted slates of delegates; and
(B) Clearly indicate on the ballot the candidate for nomination for President which a slate or candidate for delegate supports, or name of the person who shall manage an uncommitted slate of delegates.
(5) The delegates and alternates, of each political party in the District of Columbia to the national convention of that party convened for the nomination of that party for President, elected in accordance with this subchapter, shall only be obliged to vote for the candidate whom he or she has been selected to represent in accordance with properly promulgated rules of the political party, on the 1st ballot cast at the convention for nominees for President, or until such time as such candidate to whom the delegate is committed withdraws his candidacy, whichever 1st occurs.
(c) Each member of the Board and persons authorized by the Board may administer oaths to persons executing affidavits pursuant to § 1-1001.08. It may provide for the administering of such other oaths as it considers appropriate to require in the performance of its functions.
(d) The Board may permit either persons temporarily absent from the District or persons physically unable to appear personally at an official registration place to register for the purpose of voting in any election held under this subchapter.
(e)(1)(A) The Board shall select, employ, and fix the compensation for an Executive Director and such staff the Board deems necessary, subject to the pay limitations of § 1-611.16. The Executive Director shall serve at the pleasure of the Board. The Board, at the request of the Director of Campaign Finance, shall provide employees, subject to the compensation provisions of this paragraph, as requested to carry out the powers and duties of the Director. Employees assigned to the Director shall, while so assigned, be under the direction and control of the Director and may not be reassigned without the concurrence of the Director.
(B) The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.
(C) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Board unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of bona fide residency annually to the director of personnel of the Board for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Board shall submit to the Mayor and Council annual reports detailing the names of all new employees, their pay schedules, titles, and place of residence.
(2) No provision of this subchapter shall be construed as permitting the Board to appoint any personnel who are not full-time paid employees of the Board to preliminarily determine alleged violations of the law affecting elections, conflicts of interest, or lobbying.
(3) The Board may appoint a General Counsel to serve at the pleasure of the Board. The General Counsel shall be entitled to receive compensation at the same rate as the Executive Director of the Board and shall be responsible solely to the Board. The General Counsel shall perform such duties as may be delegated or assigned to him or her by rule or order of the Board.
(4)(A) The Board shall select, appoint, and fix the compensation of temporary election workers to operate the polling places, including precinct captains who shall oversee the operations of polling places in accordance with rules prescribed by the Board, and polling place workers who shall assist the precinct captains. Precinct captains shall be qualified registered electors in the District. Polling place workers shall be qualified registered electors in the District; provided, that the Board may also appoint as polling place workers individuals who are at least 16 years of age on the day that they are working in this capacity, who reside in the District of Columbia, and who are enrolled in or have graduated from a public or private secondary school or an institution of higher education. Any polling place worker shall be required to:
(i) Complete at least 4 hours of training;
(ii) Receive certification as a polling place worker under standards that the Board shall promulgate; and
(iii) Take and sign an oath of office to honestly, faithfully, and promptly perform the duties of office.
(B) The Board shall establish standards to measure the performance of polling place workers, including the past performance of a polling place worker, and shall consider the polling place worker's past performance before appointing him or her to work as a polling place worker in a subsequent election.
(f)(1) The Board shall prescribe such regulations as may be necessary to ensure that all persons responsible for the proper administration of this subchapter maintain a position of strict impartiality and refrain from any activity which would imply support or opposition to:
(A) A candidate or group of candidates for office in the District of Columbia; or
(B) Any political party or political committee.
(2) As used in this subsection, the terms “office”, “political party”, and “political committee” shall have the same meaning as that prescribed in § 1-1161.01.
(g) Notwithstanding provisions of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.), the Board may hear any case brought before it under this subchapter or under Chapter 11A of this title by 1 member panels. An appeal from a decision of any such 1 member panel may be taken to either the full Board or to the District of Columbia Court of Appeals, at the option of any adversely affected party. If appeal is taken directly to the District of Columbia Court of Appeals, the decision of a 1 member panel shall be, for purposes of such appeal, considered to be a final decision of the Board. If an appeal is taken from a decision of a 1 member panel to the full Board, the decision of the 1 member panel shall be stayed pending a final decision of the Board. The Board may, upon a vote of the majority of its members, hear de novo all issues of fact or law relating to an appeal of a decision of a 1 member panel, except the Board may decide to consider only the record made before such 1 member panel. A final decision of the full Board, relating to an appeal brought to it from a 1 member panel, shall be appealable to the District of Columbia Court of Appeals in the same manner and to the same extent as all other final decisions of the Board.
(h)(1) The Board, pursuant to regulations of general applicability, shall have the power to:
(A) Require by subpoena the attendance and testimony of witnesses and the production of documents relating to the execution of the Board's duties; and
(B) Order that testimony in any proceeding or investigation be taken by deposition before any person who is designated by the Board, and has the power to administer oaths and, in these instances, to compel the attendance and testimony of witnesses and the production of documents by subpoena.
(2) The Board may petition the Superior Court of the District of Columbia to enforce the subpoena or order, in the case of a refusal to obey a subpoena or order of the Board issued pursuant to this subsection. Any person failing to obey the Court's order may be held in contempt of court.
(i) The Board shall cause the following information to be posted at each polling place on the day of each election for federal office:
(1) A sample version of the ballot that will be used for the election;
(2) The election and the hours during which polling places will be open;
(3) Instructions on the proper manner of completing a ballot, including a special ballot;
(4) Instructions for mail-in registrants and first-time voters under section 303(b) of the Help America Vote Act of 2002;
(5) General information on voting rights under applicable federal and District laws, including the right to cast a special ballot and instructions to contact the appropriate officials if these rights are alleged to have been violated, and;
(6) General information on federal and District law regarding prohibitions on acts of voter fraud and misrepresentation.
(j) Not later than 90 days after the date of each regularly scheduled general election for federal office, the Board shall submit to the Mayor a report, in the format established by the United States Election Assistance Commission, on the number of absentee ballots sent to absent uniformed services voters and overseas voters for the election and the number of ballots which were returned by those voters to the Board. The report shall be transmitted by the Mayor to the United States Election Assistance Commission, and shall be made available to the general public.
(k) Within 90 days following a general election, the Board shall publish on its website an after-action report. The report shall include the following information:
(1) The total number of votes cast, broken down by type of ballot, and including the number of spoiled ballots and special ballots that were not counted;
(2) The number of persons registered:
(A) More than 30 days preceding the election;
(B) Between 30 days preceding the election and the date of the election; and
(C) On the date of the election;
(3) The number of polling place workers, by precinct;
(4) Copies of any unofficial summary reports generated by the Board on election night;
(5) A synopsis of any issues identified in precinct captain or area representative logs;
(6) Performance measurement data of polling place workers;
(7) A description of any irregularities experienced on election day; and
(8) Any other information considered relevant by the Board.
CREDIT(S)
(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 5; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1(3), (4), (5), (6); Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(3); Dec. 23, 1971, 85 Stat. 789, Pub. L. 92-220, § 1(5)-(7), (28), (29); Aug. 14, 1973, 87 Stat. 311, Pub. L. 93-92, § 1(2)-(7); Jan. 3, 1975, 88 Stat. 2177, Pub. L. 93-635, § 13; Dec. 16, 1975, D.C. Law 1-37, § 2(1), (2), 22 DCR 3426; Dec. 16, 1975, D.C. Law 1-38, § 4, 22 DCR 3433; Feb. 17, 1976, D.C. Law 1-45, § 2, 22 DCR 4678; Sept. 2, 1976, D.C. Law 1-79, title I, § 102(5), (6), title V, §§ 502, 503, 23 DCR 2050; Apr. 23, 1977, D.C. Law 1-126, title I, § 103(b), title III, § 301(c)-(f), title IV, § 402, 24 DCR 2372; June 28, 1977, D.C. Law 2-12, § 6(j), 24 DCR 1442; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 3, 1979, D.C. Law 2-139, § 3205(v), 25 DCR 5740; Oct. 8, 1981, D.C. Law 4-35, § 3, 28 DCR 3376; Mar. 16, 1982, D.C. Law 4-88, § 2(d), (p), (q), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(a), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(b), 30 DCR 3196; Oct. 9, 1987, D.C. Law 7-36, § 3, 34 DCR 5321; Mar. 16, 1988, D.C. Law 7-92, § 3(a)-(c), 35 DCR 716; Mar. 11, 1992, D.C. Law 9-75, § 2(a), 39 DCR 310; Oct. 20, 1999, D.C. Law 13-40, § 2, 46 DCR 6550; June 21, 2003, D.C. Law 15-18, § 2(a), 50 DCR 3389; Sept. 30, 2004, D.C. Law 15-188, § 2, 51 DCR 6732; Dec. 7, 2004, D.C. Law 15-218, § 2(b), 51 DCR 9132; Apr. 7, 2006, D.C. Law 16-91, § 127(a), 52 DCR 10637; Apr. 24, 2007, D.C. Law 16-305, § 6(a), 53 DCR 6198; Oct. 18, 2007, D.C. Law 17-26, § 2(b), 54 DCR 8018; Feb. 6, 2008, D.C. Law 17-108, § 205, 54 DCR 10993; Feb. 4, 2010, D.C. Law 18-103, § 2(c), 56 DCR 9169; Mar. 31, 2011, D.C. Law 18-330, § 2(a), 58 DCR 20; June 16, 2011, D.C. Law 19-7, § 2(a), 58 DCR 3882; Apr. 27, 2012, D.C. Law 19-124, § 501(g)(4), 59 DCR 1862; June 5, 2012, D.C. Law 19-137, §§ 121(a), 201(a), 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1306.
1973 Ed., § 1-1105.
Effect of Amendments
D.C. Law 13-40 added subsec. (h).
D.C. Law 15-18, in subsec. (b)(1), substituted “2nd Tuesday in January” for “1st Tuesday in May”.
D.C. Law 15-188 added par. (4) of subsec. (e).
D.C. Law 15-218 rewrote pars. (1) and (10) of subsec. (a); repealed par. (13) of subsec. (a); and added subsecs. (i)and (j). Pars. (1), (10), and (13) of subsec. (a) had read as follows:
“(1) Maintain a registry, keeping it accurate and current;”
“(10) Develop and administer procedures for absentee registration and voting in any election held under this subchapter by any person included within the categories referred to in paragraph (1), (2), or (3) of § 101 of the Federal Voting Assistance Act of 1955 (69 Stat. 584);”
“(13) Take all reasonable steps to register overseas citizen voters as provided by the Overseas Citizens Voting Rights Act of 1975 (89 Stat. 1143);”
D.C. Law 16-91, in subsec. (a)(10), substituted “United States Election” for “Federal Election”; and, in subsecs. (a) and (j), validated other previously made technical corrections.
D.C. Law 16-305, in subsec. (a)(15), substituted “blind persons and person with physical and developmental disabilities” for “blind, physically handicapped, and developmentally disabled persons”.
D.C. Law 17-26, in subsec. (b)(1), substituted “2nd Tuesday in February” for “2nd Tuesday in January”.
D.C. Law 17-108, in subsec. (e)(1), designated the existing text as subpar. (A) and added subpars. (B) and (C).
D.C. Law 18-103 added subsecs. (a-1) and (k); and rewrote subsec. (e)(4), which had read as follows:
“(4) The Board shall select, appoint, and fix the compensation of temporary election workers to operate the polling places, including precinct captains who shall oversee the operations of polling places in accordance with rules and regulations prescribed by the Board, and polling place workers who shall assist the precinct captains. Precinct captains shall be qualified registered electors in the District of Columbia. Polling place workers shall be qualified registered electors in the District of Columbia, except that the Board may also appoint as polling place workers individuals who are 16 or 17 years of age on the day that they are working in this capacity, who reside in the District of Columbia, and who are enrolled in or have graduated from a public or private secondary school or an institution of higher education.”
D.C. Law 18-330, in subsec. (a)(15), deleted “and” from the end; and added subsec. (a)(15A).
D.C. Law 19-7, in subsec. (b)(1), substituted “shall, on the 1st Tuesday in April of each presidential election year,” for “shall, on the 2nd Tuesday in February of each presidential election year,”.
D.C. Law 19-124, in the subsection heading, substituted ““Board of Elections” for “Board of Elections and Ethics”; in subsecs. (a)(14) and (g), substituted “Chapter 11A of this title” for “subchapter I of Chapter 11 of this title”; and, in subsec. (f)(2), substituted “§ 1-1161.01” for “§ 1-1101.01”.
D.C. Law 19-137, in subsec. (a), substituted “subchapter VII of this chapter, and related acts” for “and related acts” in par. (14), deleted “and” from the end of par. (15), substituted “; and” for a period the end of par. (16), and added par. (17); and, in subsecs. (b)(2), (3)(A)(i) to (iv), substituted “90 days” for “60 days”.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Board of Elections and Ethics Subpoena Authority Temporary Amendment Act of 1998 (D.C. Law 12-179, March 26, 1999, law notification 46 DCR 3405).
For temporary (225 day) amendment of section, see § 2 of Youth Pollworker Temporary Amendment Act of 2002 (D.C. Law 14-169, June 28, 2002, law notification 49 DCR 7278).
For temporary (225 day) amendment of section, see § 2(a) of Presidential Primary Petition Waiver and Democratic State Committee Elections Temporary Act of 2003 (D.C. Law 15-55, December 9, 2003, law notification 51 DCR 1790).
For temporary (225 day) amendment of section, see § 2 of Presidential Primary Petition and Filing Waiver Temporary Act of 2003 (D.C. Law 15-80, March 10, 2004, law notification 51 DCR 3372).
For temporary (225 day) amendment of section, see § 2(b) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).
For temporary (225 day) amendment of section, see § 2 of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 17-127, March 30, 2004, law notification 51 DCR 3807).
For temporary (225 day) amendment of section, see § 2 of the Presidential Primary Ballot Access Temporary Amendment Act of 2008 (D.C. Law 17-127, March 20, 2008, law notification 55 DCR 4279).
Section 121(a) of D.C. Law 19-88, in subsec. (a)(14), substituted “the Uniform Military and Overseas Voters Temporary Act of 2011, passed on 2nd reading on December 6, 2011 (Enrolled version of Bill 19-547), and related acts” for “and related acts” ; in subsec. (a)(15), deleted “and” from the end; in subsec. (a)(16), substituted “; and” for a period; and added subsec. (a)(17) to read as follows:
“(17) Perform duties imposed upon it by the Uniform Military and Overseas Voters Temporary Act of 2011”, passed on 2nd reading on December 6, 2011 (Enrolled version of Bill 19-547).”.
Section 201(a)(1) of D.C. Law 19-88, in subsecs. (b)(2), (3)(A)(i), (ii), (iii), and (iv), substituted “90 days” for “60 days”.
Section 302(b) of D.C. Law 19-88 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 19-95 rewrote subsec. (b)(2) to read as follows:
“(2) No person shall be listed on the ballot as a candidate for nomination for President in such primary unless:
“(A) No later than January 4 of each presidential election year, there shall have been filed with the Board a petition on behalf of the person signed by at least 1,000, or 1%, whichever is less, of the qualified electors of the District of Columbia who are registered under section 7, and are of the same political party as the nominee; or
“(B) The person has complied with the rules of the political party to be listed on the ballot, and if the party rules provide for candidate qualification by means other than gathering petition signatures as described in subparagraph (A) of this paragraph, the political party shall certify to the Board no later than January 4 of each presidential election year the names of candidates for nomination who have qualified by such means.”.
Section 4(b) of D.C. Law 19-95 provides that the act shall expire after 225 days of its having taken effect.
Temporary Addition of Section
Sections 101 to 120 of D.C. Law 19-88 added sections to read as follows:
“Sec. 101. Short title.
“This title may be cited as the ‘Uniform Military and Overseas Voters Temporary Act of 2011’.”
“Sec. 102. Definitions.
“For the purposes of this act, the term:
“(1) ‘Board’ means the District of Columbia Board of Elections and Ethics, established by section 3 of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.03).
“(2) ‘Covered voter’ means:
“(A) A uniformed-service voter or an overseas voter who is registered to vote in the District;
“(B) A uniformed-service voter whose voting residence is in the District and who otherwise satisfies the District's voter eligibility requirements;
“(C) An overseas voter who, before leaving the United States, was last eligible to vote in the District and, except for a District residency requirement, otherwise satisfies the District's voter eligibility requirements;
“(D) An overseas voter who, before leaving the United States, would have been last eligible to vote in the District had the voter then been of voting age and, except for a District residency requirement, otherwise satisfies the District's voter eligibility requirements; or
“(E) An overseas voter who was born outside the United States, is not described in subparagraphs (C) or (D) of this paragraph, and, except for a District residency requirement, otherwise satisfies the District's voter eligibility requirements if:
“(i) Before leaving the United States, the voter's last place of residence was with a parent or legal guardian who resided within the District; and
“(ii) The voter has not previously registered to vote in any other state.
“(3) ‘Dependent’ means an individual recognized as a dependent of a uniformed service voter.
“(4) ‘District’ means the District of Columbia.
“(5) ‘Federal postcard application’ means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U. S.C. § 1973ff(b)(2)).
“(6) ‘Federal write-in absentee ballot’ means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925; 42 U.S.C. § 1973ff-2).
“(7) ‘Military-overseas ballot’ means:
“(A) A federal write-in absentee ballot;
“(B) A ballot specifically prepared or distributed for use by a covered voter in accordance with this act; or
“(C) A ballot cast by a covered voter in accordance with this act.
“(8) ‘Overseas voter’ means a United States citizen who is outside the United States.
“(9) ‘State’ means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
“(10) ‘Uniformed service’ means:
“(A) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;
“(B) The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
“(C) The National Guard and state militia.
“(11) ‘Uniformed-service voter’ means an individual who is qualified to vote and is:
“(A) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;
“(B) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;
“(C) A member on activated status of the National Guard or state militia; or
“(D) A spouse or dependent of a member referred to in this paragraph.
“(12) ‘United States,’ used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
“Sec. 103. Elections covered.
“The voting procedures in this act apply to:
“(1) A general, special, or primary election for President, Vice President, or District of Columbia Delegate to the United States House of Representatives;
“(2) A general, special, or primary election for Mayor, Chairman of the Council, member of the Council, member of the Board of Education, or Attorney General for the District of Columbia;
“(3) An initiative, referendum, or recall measure; and
“(4) A proposed Charter amendment.
“Sec. 104. Role of Board.
“(a) The Board is responsible for implementing this act and the District's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. 1973ff et seq.).
“(b) The Board shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.
“(c) The Board shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this act.
“(d) The Board shall:
“(1) Develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in the District; and
“(2) To the extent reasonably possible, coordinate with other states to carry out this subsection.
“(e) The Board shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of an overseas-military ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this act. The Board shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.
“Sec. 105. Overseas voter's registration address.
“In registering to vote, an overseas voter who is eligible to vote in the District must be assigned to the voting precinct of the address of the last place of residence of the voter in the District, or, in the case of a voter described by section 102(2)(E), the address of the last place of residence in the District of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter must be assigned an address for voting purposes.
“Sec. 106. Methods of registering to vote.
“(a) To apply to register to vote, a covered voter may use a federal postcard application or the application's electronic equivalent, or any other method approved under federal law.
“(b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote if the declaration is received by 30 days before the election.
“(c) The Board shall ensure that the electronic transmission system described in section 104(c) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to register to vote.
“Sec. 107. Methods of applying for military-overseas ballot.
“(a) A covered voter who is registered to vote in the District may apply for a military-overseas ballot using either the regular absentee ballot application on the form prescribed by the Board or the federal postcard application or the application's electronic equivalent.
“(b) A covered voter who is not registered to vote in the District may use a federal postcard application or the application's electronic equivalent to apply to register to vote under section 106 and for a military-overseas ballot.
“(c) The Board shall ensure that the electronic transmission system described in section 104(c) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to apply for a military-overseas ballot.
“(d) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the Board by the 7th day before the election.
“(e) To receive the benefits of this act, a covered voter must inform the Board that the voter is a covered voter. Methods of informing the Board that a voter is a covered voter include:
“(1) The use of a federal postcard application or federal write-in absentee ballot;
“(2) The use of an overseas address on an approved voter registration application or ballot application; and
“(3) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.
“(f) This act does not preclude a covered voter from voting with a regular absentee ballot as authorized by the Board.
“Sec. 108. Timeliness and scope of application for military-overseas ballot.
“An application for a military-overseas ballot is timely if received by the 7th day before the election. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.
“Sec. 109. Transmission of unvoted ballots.
“(a) For an election described in section 103 for which the District has not received a waiver pursuant to section 102(g)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925; 42 U.S.C. § 1973ff-1(g)(2)), no later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, no later than the business day preceding the 45th day, the Board shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.
“(b) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the District, Internet delivery. The Board shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
“(c) If a ballot application from a covered voter arrives after District begins transmitting ballots and balloting materials to voters, the Board shall transmit the ballot and balloting materials to the voter no later than 2 business days after the application arrives.
“Sec. 110. Timely casting of ballot.
“To be valid, a military-overseas ballot must be submitted by the voter on the date of the election by mailing electronic transmission or other authorized means of delivery no later than 12:01 a.m. at the place where the voter completes the ballot.
“Sec. 111. Federal write-in absentee ballot.
“A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 103.
“Sec. 112. Receipt of voted ballot.
“(a) A valid military-overseas ballot cast in accordance with section 110 must be counted if it is delivered within 10 days after the election to the address that the Board has specified.
“(b) If, at the time of completing a military-overseas ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.
“Sec. 113. Declaration.
“A military-overseas ballot must include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of making a false statement under the laws of the District.
“Sec. 114. Confirmation of receipt of application and voted ballot.
“The Board shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether:
“(1) The voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
“(2) The voter's military-overseas ballot has been received and the current status of the ballot.
“Sec. 115. Use of voter's electronic-mail address.
“(a) The Board shall request an electronic-mail address from each covered voter who registers to vote after the effective date of this act. An electronic-mail address provided by a covered voter, or by any other District voter, may not be made available to the public or any individual or organization other than an authorized agent of the Board and is exempt from disclosure under the Freedom of Information Act of 1976, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.). The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location. The request for an electronic-mail address must describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.
“(b) A covered voter who provides an electronic-mail address may request that the voter's application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year of the date of the application or another shorter period that the voter specifies. The Board shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election.
“Sec. 116. Publication of election notice.
“(a) At least 100 days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the Board shall prepare an election notice for that jurisdiction, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal and District offices which, as of that date the Board expects to be on the ballot on the date of the election. The notice also must contain specific instructions as to how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested.
“(b) A covered voter may request a copy of an election notice. The Board shall send the election notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.
“(c) No later than 45 days before an election, the Board shall update the election notice described in subsection (a) of this section with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.
“(d) The Board shall make the election notice prepared under subsection (a) of this section and updated versions of the election notice regularly available on the Board's Internet website.
“Sec. 117. Prohibition of nonsubstantive requirements.
“(a) If a voter's mistake or omission in the completion of a document under this act does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, shall not invalidate a document submitted under this act. In a write-in ballot authorized by this act or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernable under the District's uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.
“(b) Notarization is not required for the execution of a document under this act. An authentication, other than the declaration specified in section 113 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for the execution of a document under this act. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.
“Sec. 118. Equitable relief.
“The Superior Court of the District of Columbia may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with or to enforce this act on application by:
“(1) A covered voter alleging a grievance under this act; or
“(2) An election official in the District.
“Sec. 119. Uniformity of application and construction.
“In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
“Sec. 119. Uniformity of application and construction.
“In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
“Sec. 120. Relation to Electronic Signatures in Global and National Commerce Act.
“This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C.§ 7001 et seq.) (“Act”), but does not modify, limit, or supersede section 101(c) of that Act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that Act (15 U.S.C. § 7003(b)).”
Section 302(b) of D.C. Law 19-88 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2 of the District of Columbia Board of Elections and Ethics Subpoena Authority Emergency Amendment Act of 1998 (D.C. Act 12-409, July 22, 1998, 45 DCR 5178), see § 2 of the Board of Elections and Ethics Subpoena Authority Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-462, October 28, 1998, 45 DCR 7816), and see § 2 of the Board of Elections and Ethics Subpoena Authority Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-2, February 8, 1999, 46 DCR 2286).
For temporary (90 day) amendment of section, see § 2 of Youth Pollworker Emergency Amendment Act of 2002 (D.C. Act 14-305, March 25, 2002, 49 DCR 3404).
For temporary (90 day) amendment of section, see § 2 of Youth Pollworker Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-419, July 17, 2002, 49 DCR 7410).
For temporary (90 day) amendment of section, see § 2(a) of Presidential Primary Election Emergency Amendment Act of 2003 (D.C. Act 15-43, March 24, 2003, 50 DCR 2805).
For temporary (90 day) amendment of section, see § 2(a) of Presidential Primary Petition Waiver and Democratic State Committee Elections Emergency Act of 2003 (D.C. Act 15-135, July 29, 2003, 50 DCR 6857).
For temporary (90 day) amendment of section, see § 2 of Presidential Primary Petition and Filing Waiver Emergency Act of 2003 (D.C. Act 15-207, October 24, 2003, 50 DCR 9853).
For temporary (90 day) amendment of section, see § 2(b) of Help American Vote Emergency Amendment Act of 2003 (D.C. Act 15-283, December 18, 2003, 51 DCR 197).
For temporary (90 day) amendment of section, see § 2(b) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-405, March 18, 2004, 51 DCR 3650).
For temporary (90 day) amendment of section, see § 2 of Youth Poll Worker Emergency Act of 2004 (D.C. Act 15-494, August 2, 2004, 51 DCR 8791).
For temporary (90 day) amendment of section, see § 2(b) of Help America Vote Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-658, December 29, 2004, 52 DCR 492).
For temporary (90 day) amendment of section, see § 2 of Presidential Primary Ballot Access Emergency Amendment Act of 2007 (D.C. Act 17-231, December 27, 2007, 55 DCR 231).
For temporary (90 day) amendment of section, see § 2(c) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).
For temporary (90 day) addition of section, see § 2 of Precinct Boundary Changes Emergency Approval Act of 2011 (D.C. Act 19-219, November 7, 2011, 58 DCR 9472).
For temporary (90 day) addition of sections, see §§ 101 to 120 of Comprehensive Military and Overseas Voters Accommodation Emergency Act of 2011 (D.C. Act 19-230, November 16, 2011, 58 DCR 9942).
For temporary (90 day) amendment of section, see §§ 121(a), 201(a)(1) of Comprehensive Military and Overseas Voters Accommodation Emergency Act of 2011 (D.C. Act 19-230, November 16, 2011, 58 DCR 9942).
For temporary (90 day) amendment of section, see § 2 of Presidential Primary Ballot Access Emergency Amendment Act of 2011 (D.C. Act 19-260, December 21, 2011, 58 DCR 11230).
For temporary (90 day) amendment of section, see § 401(g)(4) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
For temporary (90 day) addition of sections, see §§ 101 to 120 of Comprehensive Military and Overseas Voters Accommodation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-310, February 22, 2012, 59 DCR 1688).
For temporary (90 day) amendment of section, see §§ 121(a), 201(a)(1) of Comprehensive Military and Overseas Voters Accommodation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-310, February 22, 2012, 59 DCR 1688).
Legislative History of Laws
Law 1-37 was introduced in Council and assigned Bill No. 1-69, which was referred to the Committee on Governmental Operations. The Bill was adopted on first and second readings on July 29, 1975 and September 9, 1975, respectively. Signed by the Mayor on October 6, 1975, it was assigned Act No. 1-51 and transmitted to both Houses of Congress for its review.
Law 1-38 was introduced in Council and assigned Bill No. 1-78, which was referred to the Committee on Governmental Operations. The Bill was adopted on first and second readings on July 29, 1975 and September 9, 1975, respectively. Signed by the Mayor on October 6, 1975, it was assigned Act No. 1-52 and transmitted to both Houses of Congress for its review.
Law 1-45 was introduced in Council and assigned Bill No. 1-184, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 7, 1975 and October 21, 1975, respectively. Signed by the Mayor on November 7, 1975, it was assigned Act No. 1-65 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 1-79, see Historical and Statutory Notes following § 1-1001.02.
For legislative history of D.C. Law 1-126, see Historical and Statutory Notes following § 1-1001.02.
Law 2-12 was introduced in Council and assigned Bill No. 2-87, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 22, 1977 and April 5, 1977, respectively. Signed by the Mayor on April 26, 1977, it was assigned Act No. 2-33 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 2-101, see Historical and Statutory Notes following § 1-1001.01.
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-1001.04.
Law 4-35 was introduced in Council and assigned Bill No. 4-229, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 16, 1981 and June 30, 1981, respectively. Signed by the Mayor on July 20, 1981, it was assigned Act No. 4-62 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 4-88, see Historical and Statutory Notes following § 1-1001.01.
Law 4-120 was introduced in Council and assigned Bill No. 4-235, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on April 6, 1982 and April 27, 1982, respectively. Signed by the Mayor on May 11, 1982, it was assigned Act No. 4-183 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 5-17, see Historical and Statutory Notes following § 1-1001.02.
Law 7-36 was introduced in Council and assigned Bill No. 7-221, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 16, 1987 and June 30, 1987, respectively. Signed by the Mayor on July 23, 1987, it was assigned Act No. 7-64 and transmitted to both Houses of Congress for its review.
Law 7-92 was introduced in Council and assigned Bill No. 7-321, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 8, 1987 and January 5, 1988, respectively. Signed by the Mayor on January 25, 1988, it was assigned Act No. 7-134 and transmitted to both Houses of Congress for its review.
Law 9-75 was introduced in Council and assigned Bill No. 9-242, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 5, 1991, and December 3, 1991, respectively. Signed by the Mayor on January 3, 1992, it was assigned Act No. 9-127 and transmitted to both Houses of Congress for its review.
Law 13-40, the “Board of Elections and Ethics Subpoena Authority Amendment Act of 1999,” was introduced in Council and assigned Bill No. 13-146, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 1, 1999, and July 6, 1999, respectively. Signed by the Mayor on July 19, 1999, it was assigned Act No. 13-113 and transmitted to both Houses of Congress for its review. D.C. Law 13-40 became effective on October 20, 1999.
Law 15-18, the “Presidential Primary Election Amendment Act of 2003”, was introduced in Council and assigned Bill No. 15-81, which was referred to Committee on Government Operations. The Bill was adopted on first and second readings on March 4, 2003, and April 1, 2003, respectively. Signed by the Mayor on April 15, 2003, it was assigned Act No. 15-65 and transmitted to both Houses of Congress for its review. D.C. Law 15-18 became effective on June 21, 2003.
Law 15-188, the “Youth Pollworker Amendment Act of 2004”, was introduced in Council and assigned Bill No. 15-124, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 4, 2004, and June 1, 2004, respectively. Signed by the Mayor on June 23, 2004, it was assigned Act No. 15-455 and transmitted to both Houses of Congress for its review. D.C. Law 15-188 became effective on September 30, 2004.
For D.C. Law 15-218, see notes following § 1-1001.02
For Law 16-91, see notes following § 1-301.45.
For Law 16-305, see notes following § 1-307.02.
For Law 17-26, see notes following § 1-1001.01.
For Law 17-108, see notes following § 1-209.05.
For Law 18-103, see notes following § 1-1001.02.
Law 18-330, the “Corrupt Election Practices Amendment Act of 2010”, was introduced in Council and assigned Bill No. 18-894, which was referred to the Committee on Government Operations and the Environment. The Bill was adopted on first and second readings on November 23, 2010, and December 7, 2010, respectively. Enacted without signature of the Mayor on January 8, 2011, it was assigned Act No. 18-652 and transmitted to both Houses of Congress for its review. D.C. Law 18-330 became effective on March 31, 2011.
Law 19-7, the “District of Columbia Board of Elections and Ethics Primary Date Alteration Amendment Act of 2011”, was introduced in Council and assigned Bill No. 19-90, which was referred to the Committee on Government Operations and the Environment. The Bill was adopted on first and second readings on March 15, 2011, and April 5, 2011, respectively. Signed by the Mayor on April 27, 2011, it was assigned Act No. 19-53 and transmitted to both Houses of Congress for its review. D.C. Law 19-7 became effective on June 16, 2011.
For history of Law 19-124, see notes under § 1-122.
For history of Law 19-137, see notes under § 1-309.05.
References in Text
Section 303(b) of the Help America Vote Act of 2002, referred to in par. (4) of subsec. (i) is codified as 42 U.S.C. A. § 15483(b).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-211), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-213(a)), appropriate changes in terminology were made in this section.
Resolutions
Resolution 14-541, the “Precinct Boundary Changes Emergency Approval Resolution of 2002”, was approved effective July 26, 2002.
Resolution 14-587, the “Ward 6 Precinct Establishment Emergency Approval Resolution of 2002”, was approved effective October 18, 2002.
Miscellaneous Notes
Adjustments to voting precinct boundaries approved: Pursuant to Resolution 9-120 by the Council of the District of Columbia, The “Precinct Boundary Changes Approval Resolution of 1991,” the Council of the District of Columbia disapproved in part, and approved in part, the adjustments to voting precinct boundaries as adopted by the Board of Elections and Ethics on September 6, 1991, to be effective January 1, 1992: the Council disapproved the proposed change in the boundary between precinct 127 (Ward 2) and precinct 131 (Ward 6); the Council approved all of the remaining proposed changes affecting precincts 1, 5, 6, 7, 8, 11, 12, 13, 14, 83, 114, 119, 128, 130, 131, 132, 133, and 134, and a map was included of such changes.
Precinct boundaries approved: Pursuant to § 1-1001.05(a)(8), § 2 of D.C. Law 7-36 approved boundary divisions for Precincts 50, 71, and 112 and the boundary line between Precincts 11 and 12.
Voting accessibility for the elderly and handicapped: Public Law 98-435 enacted the Voting Accessibility for the Elderly and Handicapped Act.