Prior Codifications

1981 Ed., § 1-1301.

1973 Ed., § 1-1101.

Effect of Amendments

D.C. Law 17-26, in par. (2), deleted ": Provided, that all elections for delegates to conventions and conferences of political parties, upon the request of the said party, shall be scheduled at the same time as primary, general, or special elections already scheduled for other purposes" following "United States".

D.C. Law 18-160, in the introductory language, inserted "the Attorney General for the District of Columbia,".

Legislative History of Laws

Law 2-101 was introduced in Council and assigned Bill No. 2-218, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 2, 1978 and May 16, 1978, respectively. Signed by the Mayor on June 15, 1978, it was assigned Act No. 2-207 and transmitted to both Houses of Congress for its review.

Law 4-88, the "District of Columbia Election Code of 1955," was introduced in Council and assigned Bill No. 4-271, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 24, 1981 and December 8, 1981, respectively. Signed by the Mayor on January 20, 1982, it was assigned Act No. 4-142 and transmitted to both Houses of Congress for its review.

Law 17-26, the "Election Day Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-169 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on June 5, 2007, and July 10, 2007, respectively. Signed by the Mayor on July 25, 2007, it was assigned Act No. 17-88 and transmitted to both Houses of Congress for its review. D.C. Law 17-26 became effective on October 18, 2007.

Law 18-160, the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, was introduced in Council and assigned Bill No. 18-5, which was referred to the Committee on Public Safety and the Judiciary. The bill was adopted on first and second readings on January 5, 2010, and February 2, 2010, respectively. Deemed approved without the signature of the Mayor on March 30, 2010, it was assigned Act No. 18-351 and transmitted to both Houses of Congress for its review. D.C. Law 18-160 became effective on May 27, 2010.

D.C. Law 18-160 contained an applicability clause for section 201 of the Act that, after amendment by emergency Act 18-443, temporary Law 18-224, and emergency Act 19-51, stated that section 201 would become law upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and 35 days of congressional review. Section 132 of the Act made section 131 applicable on the same date that section 201 became effective.

D.C. Law 18-160 became effective on May 27, 2010. Section 201 of D.C. Law 18- 160 was ratified by the electors of the District of Columbia in a general election held on November 2, 2010, and certified by the District of Columbia Board of Elections and Ethics on November 29, 2010. Section 201, and consequently section 131, became effective as law on [May 30, 2011], following 35 days of congressional review.

Prior Codifications

1981 Ed., § 1-1302.

1973 Ed., § 1-1102.

Effect of Amendments

D.C. Law 13-91, in par. (13), inserted "United States Senator and Representative,".

D.C. Law 15-218 added pars. (22) and (23).

D.C. Law 17-177 added par. (24).

D.C. Law 18-103 rewrote pars. (2) and (7); and added par. (25). Prior to amendment, pars. (2) and (7) read as follows:

"(2) Except as provided in paragraph (7) of this section, the term "qualified elector" means a citizen of the United States:

"(A) Who resides or is domiciled in the District, has maintained his or her residence in the District for at least 30 days preceding the next election, and who does not claim voting residence or right to vote in any state or territory;

"(B) Who is, or will be on the day of the next election, 18 years old; and

"(C) Who is not mentally incompetent as adjudged by a court of competent jurisdiction."

"(7)(A) Any person in the District of Columbia who has been convicted of a crime in the United States which is a felony in the District of Columbia, may be a qualified elector, if otherwise qualified, at the end of his incarceration.

"(B) For the purposes of this paragraph, the term "felony" shall include any crime committed in the District of Columbia referred to in § 1-1001.14 or § 1- 1105.07 or § 1-1107.01.

"(C) Nothing in this paragraph shall be construed to grant a pardon or amnesty to any person."

D.C. Law 18-160 added par. (9A); and, in par. (13), inserted "the Attorney General,".

D.C. Law 19-124, in par. (3), substituted "Board of Elections" for "Board of Elections and Ethics"; in par. (7), substituted "§ 1-1162.32 and 1-1163.35" for "§ 1-1105.07 or § 1-1107.01"; and, in par. (15), substituted "§ 1- 1161.01(44) for purposes of this subchapter" for "§ 1-1101.01 for purposes of this subchapter".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(a) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(a) 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(a) 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(a) 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(a) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 401(g)(1) 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).

Legislative History of Laws

Law 1-79 was introduced in Council and assigned Bill No. 1-120, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 3, 1976 and May 18, 1976, respectively. Signed by the Mayor on June 18, 1976, it was assigned Act No. 1-131 and transmitted to both Houses of Congress for its review.

Law 1-126 was introduced in Council and assigned Bill No. 1-364, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 22, 1976 and December 7, 1976, respectively. Enacted without signature by the Mayor on January 25, 1977, it was assigned Act No. 1-225 and transmitted to both Houses of Congress for its review.

Law 3-1 was introduced in Council and assigned Bill No. 3-2, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 13, 1979 and March 27, 1979, respectively. Signed by the Mayor on April 10, 1979, it was assigned Act No. 3-18 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 5-17 was introduced in Council and assigned Bill No. 5-11, which was referred to the Committee on Government Operations. The Bill was adopted on first, amended first and second readings on April 26, 1983, May 10, 1983 and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-34 and transmitted to both Houses of Congress for its review.

Law 10-173, the "National Voter Registration Act Conforming Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-572, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on 10-293, it was assigned Act No. 10-293 and transmitted to both Houses of Congress for its review. D.C. Law 10-173 became effective on September 22, 1994.

Law 11-30, the "Technical Amendments Act of 1995," was introduced in Council and assigned Bill No. 11-58, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on February 7, 1995, and March 7, 1995, respectively. Signed by the Mayor on March 22, 1995, it was assigned Act No. 11-32 and transmitted to both Houses of Congress for its review. D.C. Law 11-30 became effective on July 25, 1995.

Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.

Law 15-218, the "Help America Vote Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-610, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 29, 2004, and July 13, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-523 and transmitted to both Houses of Congress for its review. D.C. Law 15-218 became effective on December 7, 2004.

For Law 17-177, see notes following § 1-309.01.

Law 18-103, the "Omnibus Election Reform Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-345, which was referred to the Committee on Government Operations and the Environment. The bill was adopted on first and second readings on October 6, 2009, and November 3, 2009, respectively. Signed by the Mayor on November 30, 2009, it was assigned Act No. 18-238 and transmitted to both Houses of Congress for its review. D.C. Law 18-103 became effective on February 4, 2010.

For history of Law 18-160 and applicability, see notes under § 1-1001.01.

For history of Law 19-124, see notes under § 1-122.

References in Text

The National Voter Registration Act, referred to in (17), is classified at Pub. L. 103-31, May 20, 1993, 107 Stat. 77.

Prior Codifications

1981 Ed., § 1-1303.

1973 Ed., § 1-1103.

Effect of Amendments

D.C. Law 19-124, in the section heading and subsec. (a), substituted "Board of Elections" for "Board of Elections and Ethics".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 401(g)(2) 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).

Legislative History of Laws

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.

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 4-88, see Historical and Statutory Notes following § 1-1001.01.

For history of Law 19-124, see notes under § 1-122.

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, § 1-207.11), 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 and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Miscellaneous Notes

Definitions applicable: The definitions contained in § 1-202 apply to terms appearing in the amendment to this section made by the Act of December 24, 1973, 87 Stat. 809, Pub. L. 93-198.

Prior Codifications

1981 Ed., § 1-1304.

1973 Ed., § 1-1104.

Effect of Amendments

D.C. Law 18-103 rewrote subsec. (a); and added subsec. (b)(3A). Prior to amendment, subsec. (a) read as follows:

"(a) No person shall be a member of the Board unless he or she qualifies as an elector and resides in the District. No person may be appointed to the Board unless he or she has resided in the District continuously since the beginning of the 3-year period ending on the day he or she is appointed. Members of the Board shall hold no other paid office or employment in the District government and shall hold no active office, position or employment in the federal government. Not more than 2 members shall be members of the same political party."

D.C. Law 19-124, in the section heading, substituted "Board of Elections" for "Board of Elections and Ethics".

D.C. Law 19-168 rewrote subsec. (c), which formerly read:

"(c)(1) Each member of the Board, excluding the Chairman, shall receive compensation, as provided in § 1-611.08, while actually in the service of the Board, not to exceed the sum of $12,500 per annum."

"(2) The Chairman of the Board shall receive compensation, as provided in § 1 611.08, while actually in the service of the Board, not to exceed the sum of $26,500 per annum."

Emergency Act Amendments

For temporary (90 day) amendment of section, see §§ 2(b), 4(a) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 401(g)(3) 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).

Legislative History of Laws

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 2-50 was introduced in Council and assigned Bill No. 2-153, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 25, 1977 and November 8, 1977, respectively. There being no action by the Mayor, it was assigned Act No. 2- 106 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.

Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.

Law 3-81 was introduced in Council and assigned Bill No. 3-236, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 22, 1980 and May 20, 1980, respectively. Signed by the Mayor on June 4, 1980, it was assigned Act No. 3-195 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.

For Law 18-103, see notes following § 1-1001.02.

For history of Law 19-124, see notes under § 1-122.

For history of Law 19-168, see notes under § 1-137.01.

Miscellaneous Notes

Section 4(a) of D.C. Law 18-103 provides:

"(a) Section 2(b)(1) shall not apply to any individual who is a member of the Board of Elections and Ethics on the effective date of this act."

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.

Prior Codifications

1981 Ed., § 1-1310.

1973 Ed., § 1-1106.

Emergency Act Amendments

For temporary (90 day) addition, see § 2(d) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

Legislative History of Laws

For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-1001.04.

Law 11-259, the "Procurement Reform Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-705, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on January 3, 1997, it was assigned Act No. 11-526 and transmitted to both Houses of Congress for its review. D.C. Law 11-259 became effective on April 9, 1997.

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, § 1-207.11), 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 and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Effect of Amendments

D.C. Law 18-103, in subsec. (a), substituted "and shall be used for the purpose of implementing the Omnibus Election Reform Amendment Act of 2009 [D.C. Law 18- 255]" for "and shall be used solely to implement election reform initiatives to be enacted by the Council"; and repealed subsec. (c), which had read as follows:

"(c) Notwithstanding subsection (a) of this section, no funds in the Fund shall be expended until the Council approves, by resolution, a September 2010 primary election preparation plan submitted to the Council by March 31, 2010."

Emergency Act Amendments

For temporary (90 day) addition, see § 1051 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 1051 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Legislative History of Laws

For Law 18-103, see notes following § 1-1001.02.

For Law 18-111, see notes following § 1-301.181.

Miscellaneous Notes

Short title: Section 1050 of D.C. Law 18-111 provided that subtitle F of title I of the act may be cited as the "Election Reform Fund Establishment Amendment Act of 2009".

Prior Codifications

1981 Ed., § 1-1311.

1973 Ed., § 1-1107.

Effect of Amendments

D.C. Law 13-91 validated a previously made technical correction in par. (2) of subsec. (j).

D.C. Law 13-251 rewrote subsec. (e)(5)(A) which had read:

"(5)(A) Any duly registered voter may file with the Board objections to the registration of any person whom he or she has reason to believe is fictitious, deceased, a disqualified person, or otherwise ineligible to vote (except with respect to a change of residence), or file a request for the addition of any person whose name he or she has reason to believe has been erroneously omitted or cancelled from the voter roll. Application for the correction of the voter roll or the challenge of the right to vote of any person named on the voter roll shall be in writing and include any evidence in support of the challenge that the registrant is not qualified to be a registered voter. The challenge or application shall be filed with the Board not later than 90 days before the date of any election held under this subchapter."

D.C. Law 15-218 added subsec. (a-1), subpar. (K) of par. (c)(1), and par. (6) of subsec. (i); in par. (1) of subsec. (b), substituted "Help America Vote Act of 2002"' for "Federal Election Commission"; and, in par. (2) of subsec. (b), substituted "approved by the Board and shall meet the requirements of the National Voter Registration Act of 1993, approved May 20, 1993 (107 Stat. 77; 42 U.S.C. § 1973gg et seq.) and the Help America Vote Act of 2002" for "approved by the Board" in the first sentence, and added the second sentence.

D.C. Law 16-91, in pars. (b)(2) and (i)(6), validated previously made technical corrections.

D.C. Law 16-191, in subsecs. (b)(2) and (i)(6), validated previously made technical corrections.

D.C. Law 17-236 added subsecs. (a-2), (b)(4); and, in subsec. (e)(2), inserted "The voter registration notification shall state that the applicant shall not vote before her or his 18th birthday."

D.C. Law 18-103 rewrote subsecs. (a-2), (b)(4), and (g); in subsec. (d)(1)(B), substituted "the Department of Parks and Recreation, the Department of Corrections, the Department of Youth and Rehabilitative Services, and the Office of Aging" for "the Senior Citizens Branch of the Department of Recreation and Parks and the Office of Aging"; and added subsec. (l). Prior to amendment, subsecs. (a-2), (b)(4), and (g) read as follows:

"(a-2) A person who is otherwise qualified may pre-register on or after that person's 17th birthday and may vote in any election occurring on or after that person's 18th birthday, but under no circumstances before the person's 18th birthday."

"(4) The Board shall state on voter registration forms that no one may vote before his or her 18th birthday."

"(g)(1) The registry shall be open during reasonable business hours, except that:

"(A) The registry shall not be open during the 30-day period that immediately precedes any primary, general, or District-wide special election.

"(B) The registry for a ward or Advisory Neighborhood Commission SMD shall not be open during the 30-day period that immediately precedes a special election for that ward or SMD.

"(2) The Board shall process mailed voter registration applications and registration, update notifications received postmarked by not later than the thirtieth day preceding any election and timely completed non-postmarked voter registration applications and registration update notifications mailed and received not later than the twenty-third day preceding any election. All other voter registration applications and update notifications received during the 30 days immediately preceding the date of any election shall be held and processed after the registry reopens.

"(2A) The Board shall process faxed postcard applications from persons eligible to vote absentee in federal elections in the District of Columbia pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.), which are faxed not later than the 30th day preceding any election.

"(3) The Board may close the registry on Saturdays, Sundays, and holidays except that, if the deadline for voter registration in any election shall fall on a Saturday, Sunday or holiday, the deadline for voter registration shall extend to the next business day.

"(4) The close of the registry shall not apply for purposes of change of address on election day by registrants pursuant to subsection (i)(4) of this section."

D.C. Law 19-131, in subsec. (g)(1), substituted "4:45 P.M. on the 30th day preceding any election, or such time on that day as the Board's office remains open to receive registrations," for "5:00 p.m. on the 31st day preceding any election"; in subsec. (g)(5), substituted "law, District law, or Board regulation. Each individual who registers on Election Day shall cast a special ballot, subject to the Board's verification of residence." for "law; provided, that, for each election occurring before December 31, 2010, the individual shall cast a special ballot, subject to the Board's verification of residence; provided further, that for each election occurring after December 31, 2010, if the individual does not present a government-issued and valid photo identification card showing the individual's address, the individual shall cast a special ballot, subject to the Board's verification of residence"; and, in subsec. (g)(7)(A)(i), substituted "register and vote in the election, but" for "register but".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(c) 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 Student Voter Registration Temporary Amendment Act of 2008 (D.C. Law 17-188, July 18, 2008, law notification 55 DCR 8710).

Section 2(a) of D.C. Law 19-101, in subsec. (g)(1), substituted "4:45 P.M. on the 30th day, or such time on that day as the Board's office remains open to receive registrations" for "5:00 p.m. on the 31st day"; in subsec. (g)(5), substituted "law, District law, or Board regulation. Each individual who registers on Election Day shall cast a special ballot, subject to the Board's verification of residence." for "law; provided, that, for each election occurring before December 31, 2010, the individual shall cast a special ballot, subject to the Board's verification of residence; provided further, that for each election occurring after December 31, 2010, if the individual does not present a government-issued and valid photo identification card showing the individual's address, the individual shall cast a special ballot, subject to the Board's verification of residence."; and, in subsec. (g)(7)(A)(i), substituted "register and vote in the election, but" for "register but".

Section 4(b) of D.C. Law 19-101 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(c) 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(c) 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(c) 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 Student Voter Registration Emergency Amendment Act of 2008 (D.C. Act 17-350, April 17, 2008, 55 DCR 5364).

For temporary (90 day) amendment of section, see § 2(e) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 2(a) of Board of Elections and Ethics Electoral Process Improvement Emergency Amendment Act of 2011 (D.C. Act 19-266, January 3, 2012, 59 DCR 207).

Legislative History of Laws

For legislative history of D.C. Law 1-37, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 1-126, see Historical and Statutory Notes following § 1-1001.02.

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 4-88, see Historical and Statutory Notes following § 1-1001.01.

For legislative history of D.C. Law 4-120, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 5-17, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 7-92, see Historical and Statutory Notes following § 1-1001.05.

Law 9-32 was introduced in Council and assigned Bill No. 9-191, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 4, 1991, and June 18, 1991, respectively. Signed by the Mayor on July 2, 1991, it was assigned Act No. 9-59 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 9-75, see Historical and Statutory Notes following § 1-1001.05.

Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.

For legislative history of D.C. Law 10-173, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 11-30, see Historical and Statutory Notes following § 1-1001.02.

Law 11-110, the "Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.

For Law 13-91, see notes following § 1-1001.02.

Law 13-251, the "Election Day Challenge Procedures Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-445, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on December 22, 2000, it was assigned Act No. 13-538 and transmitted to both Houses of Congress for its review. D.C. Law 13-251 became effective on April 3, 2001.

For D.C. Law 15-218, see notes following § 1-1001.02

For Law 16-91, see notes following § 1-301.45.

Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.

Law 17-236, the "Student Voter Registration Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-702 which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on July 1, 2008, and July 15, 2008, respectively. Signed by the Mayor on July 28, 2008, it was assigned Act No. 17-477 and transmitted to both Houses of Congress for its review. D.C. Law 17- 236 became effective on October 21, 2008.

For Law 18-103, see notes following § 1-1001.02.

Law 19-131, the "Board of Elections and Ethics Electoral Process Improvement Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-479, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 7, 2011, and March 6, 2012, respectively. Signed by the Mayor on March 19, 2012, it was assigned Act No. 19-328 and transmitted to both Houses of Congress for its review. D.C. Law 19- 131 became effective on May 31, 2012.

References in Text

Pursuant to Mayor's Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

The National Voter Registration Act, referred to in (b) and (d), is Pub. L. 103-31, May 20, 1993, 107 Stat 77 which is codified primarily as 42 U.S.C. §§ 1973gg et seq.

Prior Codifications

1981 Ed., § 1-1312.

1973 Ed., § 1-1108.

Effect of Amendments

D.C. Law 13-78, in subsec. (d), rewrote the first sentence, which previously read: "Each political party who has had its candidate elected as President of the United States after January 1, 1950, shall be entitled to nominate candidates for presidential electors."

D.C. Law 13-149 rewrote subsec. (m), which formerly read:

"(1) Except in the case of the 3 members of the Board of Education elected at large, the members of the Board of Education shall be elected by the duly registered voters of the respective wards of the District from which the members have been nominated.

"(2) In the case of the 3 members of the Board of Education elected at large, each such member shall be elected by the duly registered voters of the District.";

and in subsec. (n), substituted "school district" for "ward" wherever appearing.

Section 7 of D.C. Law 13-149 provides:

"This act shall apply upon the effective date of the School Governance Charter Amendment Act of 2000."

D.C. Law 13-177 added subsec. (s).

D.C. Law 14-26, in subsec. (b)(1), repealed pars. (B) and (C) which had read:

"(B) No person shall hold elected office pursuant to this section if he or she, in the case of the Mayor, Council Chairman, Council members, Board of Education members, and any other non-judicial office existing or to be created except those of Advisory Neighborhood Commissioner, Delegate from the District of Columbia, Shadow Representative, and Shadow Senator, has held that same office for 2 consecutive terms.

"(C) For purposes of this paragraph:

"(i) Any terms served previous to the adoption of the Term Limits Initiative of 1995 will not count in determining length of service;   and

"(ii) Service of more than 1/2 of a term shall count as a full term."

D.C. Law 14-30, in subsec. (b), rewrote par. (3) and added par. (4). Prior to amendment, par. (3) read as follows:

"(3) Any circulator who willfully violates any provision of this section shall, upon conviction thereof, be subject to a fine of not more than $10,000 or to imprisonment of not more than 6 months, or both. Each occurrence of a violation of this section shall constitute a separate offense. Violation of this section shall be prosecuted in the name of the District of Columbia by the Corporation Counsel of the District of Columbia."

D.C. Law 14-43 rewrote subsec. (o)(3) which had read as follows:

"(3) For the purpose of verifying a signature on any petition filed pursuant to this section, the Board shall first determine that the address on the petition is the same as the residence shown on the signer's voter registration record. If the address is different, the signature shall not be counted as valid unless the Board's records show that the person was registered to vote from the address listed on the petition at the time the person signed the petition."

D.C. Law 15-105, in subsec. (o)(3), validated previously made technical corrections.

D.C. Law 15-211 inserted "or ward" following "school district" in subsec. (n).

D.C. Law 19-137, in subsec. (a)(1)(B), substituted "90th day" for "69th day"; in subsec. (f), substituted "as shown by the records of the Board as of the 144th day before the date of the presidential election, is presented to the Board on or before the 90th day before the date of the presidential election" for "as of July 1st of the year in which the election is to be held is presented to the Board on or before the third Tuesday in August preceding the date of the presidential election"; in subsecs. (i)(1)(A), (2), (j)(1)(A), substituted "90 days" for "69 days"; in subsecs. (i)(1)(B), (3), substituted "144th day" for 123rd day"; in subsec. (i)(4), substituted "144th day preceding the date of such election and may not be filed with the Board before the 115th day" for "123rd day preceding the date of such election and may not be filed with the Board before the 94th day"; in subsec. (j)(1)(B), substituted "144 days" for "123 days"; in subsec. (n), substituted "90th calendar day" for "69th calendar day" and substituted "144th day preceding the date of such election and may not be filed with the Board before the 115th day" for "123rd day preceding the date of such election and may not be filed with the Board before the 94th day"; and, in subsec. (o)(2), substituted "20 days" for "15 days".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of the Extension of the Nominating Petition Time Temporary Amendment Act of 2000 (D.C. Law 13-181, October 21, 2000, law notification 47 DCR 8971).

For temporary (225 day) amendment of section, see § 2 of the Presidential Elector Deadline Waiver Temporary Amendment Act of 2003 (D.C. Law 15-36, October 28, 2003, law notification 50 DCR 9489).

For temporary (225 day) amendment of section, see § 2 of the Presidential Elector Deadline Waiver Second Temporary Amendment Act of 2004 (D.C. Law 15- 200, December 7, 2004, law notification 52 DCR 444).

For temporary (225 day) amendment of section, see § 3 of the Board of Education Continuity and Transition Temporary Amendment Act of 2004 (D.C. Law 15-204, December 7, 2004, law notification 52 DCR 448).

Section 201(a)(2) of D.C. Law 19-88, in subsec. (a)(1)(B), substituted "90th day" for "69th day"; in subsec. (f), substituted "as shown by the records of the Board as of the 144th day before the date of the presidential election, is presented to the Board on or before the 90th day before the date of the presidential election" for "as of July 1st of the year in which the election is to be held is presented to the Board on or before the third Tuesday in August preceding the date of the presidential election"; in subsecs. (i)(1)(A), (2), and (j)(1)(A), substituted "90th day" for "69th day"; in subsecs. (i)(1)(B), (3), substituted "144th day" for "123rd day"; in subsec. (i)(4), substituted "144th day preceding the date of such election and may not be filed with the Board before the 115th day" for "123rd day preceding the date of such election and may not be filed with the Board before the 94th day"; in subsec. (j)(1)(B), substituted "144 days" for "123 days"; in subsec. (n), substituted "90th calendar day" for "69th calendar day" and substituted "144th day preceding the date of such election and may not be filed with the Board before the 115th day" for "123rd day preceding the date of such election and may not be filed with the Board before the 94th day"; and, in subsec. (o)(2), substituted "20 days" for "15 days".

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 (90-day) amendment of section, see § 2 of the Extension of the Nominating Petition Time Emergency Amendment Act of 2000 (D.C. Act 13-377, July 10, 2000, 47 DCR 5853).

For temporary (90 day) amendment of section, see § 2 of the Extension of the Nominating Petition Time Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-452, November 7, 2000, 47 DCR 9403).

For temporary (90 day) amendment of section, see § 2 of Presidential Elector Deadline Waiver Emergency Amendment Act of 2003 (D.C. Act 15-98, June 20, 2003, 50 DCR 5476).

For temporary (90 day) amendment of section, see § 2 of Presidential Elector Deadline Waiver Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-148, September 22, 2003, 50 DCR 8356).

For temporary (90 day) amendment of section, see § 2 of Presidential Elector Deadline Waiver Second Emergency Amendment Act of 2004 (D.C. Act 15-451, June 23, 2004, 51 DCR 6720).

For temporary (90 day) amendment of section, see § 3 of Board of Education Continuity and Transition Emergency Amendment Act of 2004 (D.C. Act 15-465, June 30, 2004, 51 DCR 6997).

For temporary (90 day) amendment of section, see § 3 of Board of Education Continuity and Transition Congressional Review Emergency Act of 2004 (D.C. Act 15-533, October 4, 2004, 51 DCR 9628).

For temporary (90 day) amendment of section, see § 3 of Board of Education Continuity and Transition Second Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-659, December 29, 2004, 52 DCR 1434).

For temporary (90 day) amendment of section, see § 201(a)(2) 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 § 201(a)(2) 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

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.

For legislative history of D.C. Law 4-88, see Historical and Statutory Notes following § 1-1001.01.

For legislative history of D.C. Law 4-120, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 5-17, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 7-92, see Historical and Statutory Notes following § 1-1001.05.

Law 9-1 was introduced in Council and assigned Bill No. 9-97. The Bill was adopted on first and second readings on February 5, 1991, and March 5, 1991, respectively. Signed by the Mayor on March 15, 1991, it was assigned Act No. 9-6 and transmitted to both Houses of Congress for its review.

Law 9-49 was introduced in Council and assigned Bill No. 9-110, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on July 2, 1991, and October 1, 1991, respectively. Signed by the Mayor on October 21, 1991, it was assigned Act No. 9-89 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 9-75, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 10-173, see Historical and Statutory Notes following § 1-1001.02.

Law 10-254, the "Term Limits Initiative of 1995," was submitted to the electors of the District of Columbia as Initiative No. 49. The results of the voting, certified by the Board of Elections and Ethics on November 8, 1994, were 83,865 for the Initiative and 52,116 against the Initiative. It was transmitted to both Houses of Congress for its review on February 7, 1995.

Law 13-78, the "Elections Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-142, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 5, 1999, and November 2, 1999, respectively. Signed by the Mayor on November 18, 1999, it was assigned Act No. 13-196 and transmitted to both Houses of Congress for its review. D.C. Law 13-78 became effective on April 5, 2000.

Law 13-149, the "School Governance Companion Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-470, which was referred to the Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on March 7, 2000, and April 4, 2000, respectively. Signed by the Mayor on April 24, 2000, it was assigned Act No. 13-336 and transmitted to both Houses of Congress for its review. D.C. Law 13-149 became effective on July 18, 2000.

Law 13-177, the "Mail Ballot Feasibility Study Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-489, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on July 26, 2000, it was assigned Act No. 13-388 and transmitted to both Houses of Congress for its review. D.C. Law 13-177 became effective on October 21, 2000.

Law 14-26, the "Consecutive Term Limitation Amendment Act of 2001," was introduced in Council and assigned Bill No. 14-25, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 1, 2001, and June 5, 2001, respectively. Approved without the signature of the Mayor on June 22, 2001, it was assigned Act No. 14-79 and transmitted to both Houses of Congress for its review. D.C. Law 14-26 became effective on October 2, 2001.

Law 14-30, the "Election Petition Penalty Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-53, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 5, 2001, and June 26, 2001, respectively. Signed by the Mayor on July 12, 2001, it was assigned Act No. 14-91 and transmitted to both Houses of Congress for its review. D.C. Law 14-30 became effective on October 13, 2001.

Law 14-43, the "Nominating Petitions Signature Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-103, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on June 5, 2001, and June 26, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act No. 14-109 and transmitted to both Houses of Congress for its review. D.C. Law 14-43 became effective on October 26, 2001.

For Law 15-105, see notes following § 1-751.

Law 15-211, the "Board of Education Continuity and Transition Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-714, which was referred to the Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on June 29, 2004, and July 13, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-498 and transmitted to both Houses of Congress for its review. D.C. Law 15- 211 became effective on December 7, 2004.

For history of Law 19-137, see notes under § 1-309.05.

Miscellaneous Notes

Purpose of Law 10-254: Section 2 of Initiative Measure 49 provided that the purpose of the act is to promote a citizen government by fostering increased competition through rotation in office and to prevent the establishment of entrenched incumbency at all levels of government.

Section 3(a) of D.C. Law 17-156 amended this section subject to congressional enactment of section 2 of D.C. Law 17-156. As of the publication of this note, congress has not enacted section 2 of D.C. Law 17-156.

Prior Codifications

1981 Ed., § 1-1313.

1973 Ed., § 1-1109.

Effect of Amendments

D.C. Law 13-251 rewrote subsecs. (d) and (e) which had read:

"(d) If the official in charge of the polling place, after hearing both parties to any such challenge or acting on his or her own initiative with respect to a prospective voter, reasonably believes the prospective voter is unqualified to vote, he or she shall allow the voter to cast a paper ballot marked 'challenged', and shall provide the prospective voter with written notification of his or her rights of appeal as provided in subsection (e) of this section. Ballots so cast shall be segregated, and no such ballot shall be counted until the challenge has been removed as provided in subsection (e) of this section; provided, however, that the official in charge of the polling place shall not allow the prospective voter to cast a 'challenged' ballot unless such voter:

"(1) Signs an affidavit under penalty of perjury, that he or she is a registered qualified elector in the District; and

"(2) Provides identification indicating that he or she is a resident of the precinct in which the ballot is to be cast.

"(e) A voter's act of signing a challenged or special ballot envelope shall be deemed the filing of an appeal by the voter of the refusal by the Board's chief voter registration official to permit the voter to vote on election day by regular ballot, and a waiver of personal notice from the Board of any denial or refusal to a later count of the challenged or special ballot. No earlier than 8 days and not later than 10 days after the date of any election held under this subchapter, the Board shall conduct a hearing on the petition of any voter who cast a challenged or special ballot in the election to have that voter's vote counted in the same manner as all other ballots cast in that election. The Board shall inform the voter of the dates scheduled for the hearings and the manner by which the voter may learn whether the Board has decided to count or reject the voter's challenged or special ballot. The notice shall be in writing and shall be provided to the voter at the time of voting. No later than the second Wednesday following the election, the Board shall cause to be placed in its main office, in the main public library, and at least 1 branch public library located in each ward, an alphabetical list of those persons whose challenged or special ballots have been rejected with the reason or reasons for the rejection. The Board shall publish notice of the availability of the list in at least one newspaper of general circulation on the Tuesday following the date of the election. In addition, not later than the Tuesday following the election, during regular business hours, the Board shall maintain a telephone service by which any voter who has voted a special or challenged ballot may learn whether the challenged or special ballot will be counted or has been rejected. At the hearing, the petitioner may appear and give testimony on the question of the decision not to count the challenged or special ballot. The Board shall make a determination within 2 days after the date of the hearing. Any aggrieved party may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the date of the Board's decision. The decision of the Court in any such case shall be final and not appealable."

D.C. Law 15-218 added subsecs. (d-2) and (k) and rewrote pars. (2) and (3) of subsec. (e) which had read:

"(2) No later than the second Wednesday following the election, the Board shall cause to be displayed in its main office, on its Internet site, in the main public library, and at least one public library in each ward, an alphabetical list of persons who cast a challenged or special ballot and the Board's preliminary decision to count or reject each ballot, with the reasons for each decision. The Board shall publish notice of the availability of the list in at least one newspaper of general circulation on the Tuesday following the election. Not later than the Tuesday following the election, during regular business hours, the Board shall maintain a telephone service by which any voter who has voted a challenged or special ballot may learn of the Board's preliminary decision to count or reject his or her ballot along with the reason or reasons for each decision.

"(3) If the Board has made a preliminary determination that a challenged ballot shall not be counted, it shall afford the challenged voter an opportunity to contest that determination in a hearing before the Board. If the Board has made a preliminary determination that a challenged ballot shall be counted, it shall afford the challenger an opportunity to contest that determination in a hearing before the Board. The hearings authorized pursuant to this subsection shall take place not earlier than 8 days and not later than 10 days after any election held pursuant to this subchapter. The Board shall inform the voter and the challenger of the date scheduled for the hearings and the manner by which they may learn of the Board's final decision to count or reject the voter's challenged ballot. The notice shall be in writing and shall be provided to both parties at the time of voting. At the hearing, the voter and the challenger may appear and give testimony on the decision whether to count the challenged ballot. The Board shall make a final determination within 2 days after the date of the hearing. Any aggrieved party may appeal the decision of the Board to the Superior Court of the District of Columbia within 3 days after the date of the Board's decision. The decision of the court shall be final and not appealable."

D.C. Law 16-305, in subsec. (d)(2), substituted "disability" for "handicap".

D.C. Law 17-177, in subsec. (d)(2), substituted "sexual orientation, gender identity or expression" for "sexual orientation".

D.C. Law 18-103, in subsec. (b)(1), substituted "in paragraphs (2) and (3)" for "in paragraph (2)"; rewrote subsecs. (b)(2) and (k); added subsecs. (b)(3), (b-1), (b-2), (c-1), (j-1), (j-2), and (l); and, in subsec. (j), substituted "22 months" for "12 months". Prior to amendment, subsecs. (b)(2) and (k) read as follows:

"(2) The Board shall permit any duly registered voter to vote by absentee ballot who may be absent from the District on election day, or, who, as a condition of his or her employment with the Board on any election day, is required to be absent from the voting precinct in which he or she is registered to vote, or who because of his or her physical condition, is unable to vote in person at the polling place in his or her voting precinct on election day, or any other reason the Board, by regulation, may authorize."

"(k) Each voting system used in an election in the District shall meet or exceed the voting system standards set forth in the Help America Vote Act of 2002. The Board may implement additional standards provided they do not conflict with those set forth in the Help America Vote Act of 2002."

D.C. Law 18-330 rewrote subsecs. (b-1)(1) and (2), which formerly read as follows:

"(b-1)(1) For each primary and general election, the Board shall designate no fewer than 4 early voting centers, equitably distributed geographically throughout the District.

"(2) At each early voting center, the Board shall allow persons to vote in person for at least 7 days before election day."

D.C. Law 19-131, in subsec. (b)(1), substituted "each registered qualified elector shall cast his or her vote in the voting precinct that serves his or her current residence address" for "the vote of a person who is a registered qualified elector of the District shall be valid only if the vote is cast in the voting precinct that serves his or her current residence address"; in subsec. (b)(3), substituted "all contests for which the elector would have been eligible to cast votes had he or she cast a vote in the correct voting precinct" for "federal election contests and for any District-wide election contests"; and, in subsec. (b-1)(1), substituted "no fewer than 4 early voting centers" for "an early voting center in each of the 8 election wards".

D.C. Law 19-171, in subsec. (b-1)(3), substituted "Department of General Services" for "Office of Property Management".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(d) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).

Section 2(b) of D.C. Law 19-101, in subsec. (b)(1), substituted "each registered qualified elector shall cast his or her vote in the voting precinct that serves his or her current residence address" for "the vote of a person who is a registered qualified elector of the District shall be valid only if the vote is cast in the voting precinct that serves his or her current residence address"; in subsec. (b)(3), substituted "all contests for which the elector would have been eligible to cast votes had he or she cast a vote in the correct voting precinct" for "federal election contests and for any District-wide election contests"; and, in subsec. (b-1)(1), substituted "no fewer than 4 early voting centers" for "an early voting center in each of the 8 election wards".

Section 4(b) of D.C. Law 19-101 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(d) 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(d) 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(d) 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(f), 4(b) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) repeal of section 4(b) of D.C. Law 18-103, see § 7007 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(b) of Board of Elections and Ethics Electoral Process Improvement Emergency Amendment Act of 2011 (D.C. Act 19-266, January 3, 2012, 59 DCR 207).

Legislative History of Laws

For legislative history of D.C. Law 1-37, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 1-126, see Historical and Statutory Notes following § 1-1001.02.

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 4-88, see Historical and Statutory Notes following § 1-1001.01.

For legislative history of D.C. Law 4-120, see Historical and Statutory Notes following § 1-1001.05.

Law 5-96 was introduced in Council and assigned Bill No. 5-384, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on April 10, 1984 and April 30, 1984, respectively. Signed by the Mayor on May 9, 1984, it was assigned Act No. 5-137 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 7-92, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 9-75, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 1-1001.07.

For legislative history of D.C. Law 10-173, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 11-30, see Historical and Statutory Notes following § 1-1001.02.

Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.

For Law 13-251, see notes following § 1-1001.07.

For D.C. Law 15-218, see notes following § 1-1001.02

For Law 16-305, see notes following § 1-307.02.

For Law 17-177, see notes following § 1-309.01.

For Law 18-103, see notes following § 1-1001.02.

For history of Law 18-330, see notes under § 1-1001.05.

For history of Law 19-131, see notes under § 1-1001.07.

For history of Law 19-171, see notes under § 1-125.

Miscellaneous Notes

Section 4(b) of D.C. Law 18-103 provides:

"(b) For any election after December 31, 2010, section 2(f)(1)(B) and (3) shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."

Section 7007 of D.C. Law 18-223 repealed section 4(b) of D.C. Law 18-103.

Emergency Act Amendments

For temporary (90 day) addition, see § 2(g) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

Legislative History of Laws

For Law 18-103, see notes following § 1-1001.02.

Prior Codifications

1981 Ed., § 1-1314.

1973 Ed., § 1-1110.

Effect of Amendments

D.C. Law 13-149 in subsec. (e), designated the existing text as par. (1), in par. (1) as so designated, substituted "a vacancy of an elected member of" for "a vacancy on,", and added par. (2); in subsec. (f), substituted "a vacancy of an elected member of" for "a vacancy on"; and added subsec. (g).

Section 7 of D.C. Law 13-149 provides:

"This act shall apply upon the effective date of the School Governance Charter Amendment Act of 2000."

D.C. Law 15-18, in subsec. (a), rewrote par. (1), and substituted "on the 1st Tuesday after the 2nd Monday in September of each even-numbered year" for "on the 1st Tuesday in May of each even-numbered year which is a presidential election year, and in other even-numbered years, on the 1st Tuesday after the 2nd Monday in September" in par. (3)(A). Prior to amendment, par. (1) of subsec. (a) had read as follows:

"(a)(1) The elections of the officials referred to in paragraphs (1), (2), and (3) of § 1-1001.01, and of officials designated pursuant to paragraph (4) of such section, and the primary under § 1-1001.05(b) shall be held on the 1st Tuesday in May of each presidential election year."

D.C. Law 15-218, in par. (1) of subsec. (b), inserted ", except in instances when the time established for closing the polls is extended pursuant to a federal or District court order or any other order." following "7:00 a.m. to 8:00 p.m.".

D.C. Law 17-26 rewrote subsec. (a)(1), which had read as follows:

"(a)(1) The election of the officials referred to in § 1-1001.05(1) shall be held on the 1st Tuesday after the 2nd Monday in September of each presidential election year. The elections of the officials referred to in § 1-1001.01(2) and (3), and of officials designated pursuant to § 1-1001.01(4), and the primary under § 1-1005(b) shall be held on the 2nd Tuesday in January of each presidential election year."

D.C. Law 17-353 validated a previously made technical correction in subsec. (a)(1).

D.C. Law 18-103, in subsec. (b)(1), inserted "The Board may, upon request of the precinct captain or upon its own initiative, if an emergency exists by reason of mechanical failure of a voting machine, an unanticipated shortage of ballots, excessive wait times, bomb threats, or similar unforeseen event warrants it, extend the polling hours for that precinct until the emergency situation has been resolved."

D.C. Law 19-7, in subsec. (a)(1), substituted "election year or the 1st Tuesday in April" for "election year or the 1st Tuesday after the 2nd Monday in September" and substituted "The primary under § 1-1001.05(b) shall be held on the 1st Tuesday in April of each presidential election year." for "The primary under § 1-1001.05(b) shall be held on the 2nd Tuesday in February of each presidential election year."; and, in subsecs. (a)(3)(A), (B), (C), substituted "shall be held on the 1st Tuesday in April" for "shall be held on the 1st Tuesday after the 2nd Monday in September".

D.C. Law 19-124, in subsec. (e)(1), substituted "Board of Elections" for "Board of Elections and Ethics".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(b) 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 State Committee Elections Temporary Amendment Act of 2003 (D.C. Law 15-97, March 10, 2004, law notification 51 DCR 3617).

For temporary (225 day) amendment of section, see § 2(e) of Help America Vote Temporary Amendment Act of 2004 (D.C. Law 15-120, March 30, 2004, law notification 51 DCR 3807).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(b) 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(b) 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 State Committee Elections Emergency Amendment Act of 2003 (D.C. Act 15-258, December 5, 2003, 50 DCR 11011).

For temporary (90 day) amendment of section, see § 2(e) 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(e) 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(e) 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(h) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 401(g)(5) 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).

Legislative History of Laws

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.

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 4-88, see Historical and Statutory Notes following § 1-1001.01.

Law 5-116 was introduced in Council and assigned Bill No. 5-61, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 26, 1984 and July 10, 1984, respectively. Signed by the Mayor on July 13, 1984, it was assigned Act No. 5-168 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 7-92, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 9-1, see Historical and Statutory Notes following § 1-1001.08.

For legislative history of D.C. Law 9-49, see Historical and Statutory Notes following § 1-1001.08.

For legislative history of D.C. Law 10-173, see Historical and Statutory Notes following § 1-1001.02.

For Law 13-149, see notes following § 1-1001.08.

For Law 15-18, see notes following § 1-1001.05.

For D.C. Law 15-218, see notes following § 1-1001.02

For Law 17-26, see notes following § 1-1001.01.

For Law 17-353, see notes following § 1-129.05.

For Law 18-103, see notes following § 1-1001.02.

For history of Law 19-7, see notes under § 1-1001.05

For history of Law 19-124, see notes under § 1-122.

References in Text

"Section 206(a) of the District of Columbia Delegate Act," referred to in subsection (a)(3)(A) of this section, is § 206(a) of the Act of September 22, 1970, Pub. L. 91-405, and provided for the nomination and election of the 1st Delegate to the House of Representatives from the District of Columbia.

Miscellaneous Notes

Voting accessibility for the elderly and handicapped: Public Law 98-435 enacted the Voting Accessibility for the Elderly and Handicapped Act.

Section 3(b) of D.C. Law 17-156 amended this section subject to congressional enactment of section 2 of D.C. Law 17-156. As of the publication of this note, congress has not enacted section 2 of D.C. Law 17-156.

Prior Codifications

1981 Ed., § 1-1315.

1973 Ed., § 1-1111.

Effect of Amendments

D.C. Law 14-168 rewrote the section which had read:

"(a) If within 7 days after the Board certifies the results of an election, any qualified candidate at such election petitions the Board to have the votes cast at such election recounted in 1 or more voting precincts, the Board shall order such recount. In each such case, the petitioner shall deposit a fee of $50 for each precinct petitioned to be recounted. If the total cost of the recount is less than the amount so deposited, the difference shall be refunded. If the total cost of the recount is greater than the deposit, the petitioner shall remit payment for such additional costs within 15 days of receipt of notification from the Board that additional costs have been incurred. If the result of the election is changed as a result of the recount, the entire amount deposited by the petitioner shall be refunded. In no case, however, shall the petitioner be required to pay the cost of any recount in any such election if the difference in the number of votes received by the petitioner in connection with any office and the number of votes received by the person certified as having been elected to that office, in the case of an election from a ward, is less than 1 per centum or 50 votes, whichever is less, or in the case of an election at large, is less than 1 per centum or 350 votes, whichever is less."

"(b) Within 7 days after the Board certifies the results of an election, any person who voted in the election may petition the District of Columbia Court of Appeals to review such election. In response to such a petition, the Court may set aside the results so certified and declare the true results of the election, or void the election in whole or in part. To determine the true results of an election the Court may order a recount or take other appropriate action, whether or not a recount has been conducted or requested pursuant to subsection (a) of this section. The Court shall void an election only for fraud, mistake, the making of expenditures by a candidate, or the willful receipt of contributions in violation of the District of Columbia Campaign Finance Reform and Conflict of Interest Act (§ 1-1101.01 et seq.), or other defect, serious enough to vitiate the election as a fair expression of the will of the registered qualified electors voting therein. If the Court voids an election it may order a special election, which shall be conducted in such manner (comparable to that prescribed for regular elections), and at such time, as the Board shall prescribe. The decision of such Court shall be final and not appealable."

D.C. Law 18-103 rewrote subsec. (a)(1), which had read as follows:

"(a)(1) The Board shall recount the votes cast in one or more voting precincts, if within 7 days after the Board certifies the results of an election for an office, a candidate for that office petitions the Board in writing and specifies the precincts in which the recount shall be conducted. The candidate shall deposit a fee of $50 for each precinct included in the recount. If the result of the election is changed as a result of the recount, the fee deposited by the petitioner shall be refunded."

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(i) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

Legislative History of Laws

For legislative history of D.C. Law 2-101, see Historical and Statutory Notes following § 1-1001.01.

Law 3-93 was introduced in Council and assigned Bill No. 3-300, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 3, 1980 and June 17, 1980, respectively. Signed by the Mayor on July 9, 1980, it was assigned Act No. 3-215 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 14-168, the "Election Recount and Judicial Review Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-269, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 5, 2002, and April 9, 2002, respectively. Signed by the Mayor on April 30, 2002, it was assigned Act No. 14-357 and transmitted to both Houses of Congress for its review. D.C. Law 14-168 became effective on June 28, 2002.

For Law 18-103, see notes following § 1-1001.02.

Prior Codifications

1981 Ed., § 1-1316.

1973 Ed., § 1-1112.

Prior Codifications

1981 Ed., § 1-1317.

1973 Ed., § 1-1113.

Prior Codifications

1981 Ed., § 1-1318.

1973 Ed., § 1-1114.

Effect of Amendments

D.C. Law 18-88 added subsec. (b-1).

D.C. Law 18-330 added subsec. (a-1).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 201 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 201 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For legislative history of D.C. Law 1-37, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 1-126, see Historical and Statutory Notes following § 1-1001.02.

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 3-1, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 4-88, see Historical and Statutory Notes following § 1-1001.01.

For legislative history of D.C. Law 10-173, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 11-30, see Historical and Statutory Notes following § 1-1001.02.

Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council and assigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill as adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for its review. D.C. Law 18-88 became effective on December 10, 2009.

For history of Law 18-330, see notes under § 1-1001.05.

Prior Codifications

1981 Ed., § 1-1319.

1973 Ed., § 1-1115.

Legislative History of Laws

For legislative history of D.C. Law 1-126, see Historical and Statutory Notes following § 1-1001.02.

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 4-88, see Historical and Statutory Notes following § 1-1001.01.

Law 5-159 was introduced in Council and assigned Bill No. 5-540, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 20, 1984 and December 4, 1984, respectively. Signed by the Mayor on December 10, 1984, it was assigned Act No. 5-224 and transmitted to both Houses of Congress for its review.

Prior Codifications

1981 Ed., § 1-1320.

1973 Ed., § 1-1116.

Effect of Amendments

D.C. Law 13-64, rewrote par. (5) of subsec. (h), which previously read: "That the circulator of such initiative or referendum petition sheet is a qualified registered elector of the District of Columbia; and"; and rewrote subpar. (E) of par. (1) of subsec. (k), which previously read: "The petition was circulated by persons who were not qualified registered electors of the District of Columbia pursuant to subsection (h) of this section."

D.C. Law 19-124, in subsec. (b)(1)(A), substituted " 1-1163.07 and 1-1163.09" for "§§ 1-1102.04 and 1-1102.06".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of the Petition Circulation Requirements Temporary Amendment Act of 1999 (D.C. Law 13-14, July 17, 1999, law notification 46 DCR 6311).

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 2 of the Petition Circulation Requirements Emergency Amendment Act of 1999 (D.C. Act 13-51, April 6, 1999, 46 DCR 3636).

For temporary (90-day) amendment of section, see § 2 of the Petition Circulation Requirements Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-284, March 7, 2000, 47 DCR 2031).

For temporary (90 day) amendment of section, see § 401(g)(6) 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).

Legislative History of Laws

For legislative history of D.C. Law 3-1, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 4-88, see Historical and Statutory Notes following § 1-1001.01.

For legislative history of D.C. Law 7-92, see Historical and Statutory Notes following § 1-1001.05.

Law 7-231 was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 9-75, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 1-1001.07.

For legislative history of D.C. Law 10-173, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 11-30, see Historical and Statutory Notes following § 1-1001.02.

Law 13-64, the "Petition Circulation Requirements Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-82, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on September 21, 1999, and on October 5, 1999, respectively. Signed by the Mayor on October 25, 1999, it was assigned Act No. 13-165 and transmitted to both Houses of Congress for its review. D.C. Law 13-64 became effective on March 31, 2000.

For history of Law 19-124, see notes under § 1-122.

Prior Codifications

1981 Ed., § 1-1321.

1973 Ed., § 1-1117.

Effect of Amendments

D.C. Law 13-135 rewrote par. (3) of subsec. (h), which formerly read:

"A recall petition for an elected officer from a single-member district shall include the valid signatures of 10% of the registered qualified electors of the single-member district from which the officer was elected. The 10% shall be computed from the total number of registered qualified electors from the single-member district in accordance with the same procedures established in paragraph (1) of this subsection."

D.C. Law 18-103 rewrote subsec. (g), which had read as follows:

"(g) The proposer of a recall shall have 180 days, or, in the case of a proposed recall of an Advisory Neighborhood Commissioner, 60 days, beginning on the date when the elected officer has filed with the Board his or her response to the proposer's notice of intention to recall pursuant to subsection (d)(2) of this section, to circulate the recall petition and file such petition with the Board. If the elected officer sought to be recalled files no response to the notice of intention to recall, the time limitation shall begin on the deadline date for a response established in subsection (d)(2) of this section."

D.C. Law 19-124, in subsec. (i)(1), substituted " 1-1163.07 and 1-1163.09" for "§§ 1-1102.04 and 1-1102.06".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(j) of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 401(g)(7) 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).

Legislative History of Laws

For legislative history of D.C. Law 3-1, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 4-88, see Historical and Statutory Notes following § 1-1001.01.

For legislative history of D.C. Law 7-92, see Historical and Statutory Notes following § 1-1001.05.

Law 8-203 was introduced in Council and assigned Bill No. 8-626, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 20, 1990, and December 4, 1990, respectively. Signed by the Mayor on December 14, 1990, it was assigned Act No. 8-277 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 9-75, see Historical and Statutory Notes following § 1-1001.05.

For legislative history of D.C. Law 10-173, see Historical and Statutory Notes following § 1-1001.02.

For legislative history of D.C. Law 11-110, see Historical and Statutory Notes following § 1-1001.07.

For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 1-1001.09.

Law 13-135, the "Comprehensive Advisory Neighborhood Commissions Reform Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-468, which was referred to the Committee on Local and Regional Affairs. The Bill was adopted on first and second readings on February 1, 2000, and March 7, 2000, respectively. Signed by the Mayor on March 28, 2000, it was assigned Act No. 13-313 and transmitted to both Houses of Congress for its review. D.C. Law 13- 135 became effective on June 27, 2000.

For Law 18-103, see notes following § 1-1001.02.

For history of Law 19-124, see notes under § 1-122.