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Current through October 23, 2012
(a) No person shall be registered to vote in the District of Columbia unless:
(1) He or she meets the qualifications as a qualified elector as defined in § 1-1001.02(2);
(2) He or she executes an application to register to vote by signature or mark (unless prevented by physical disability) on a form approved pursuant to subsection (b) of this section or by the Federal Election Commission attesting that he or she meets the requirements as a qualified elector, and if he or she desires to vote in party election, this form shall indicate his or her political party affiliation; and
(3) The Board approves his or her registration application as provided in subsection (e) of this section.
(a-1)(1) No application for voter registration may be accepted or processed by the Board unless the application includes:
(A) The driver's license number of the applicant, or
(B) The last 4 digits of the social security number of an applicant who has not been issued a current and valid driver's license.
(2) If an applicant has not been issued a current and valid driver's license or a social security number, the Board shall assign the applicant the unique identifier assigned pursuant to § 1-1001.05(a)(1).
(a-2) A person who is otherwise qualified may pre-register on or after that person's 16th birthday and may vote in any election occurring on or after that person's 17th birthday; provided, that the person is at least 18 years of age on or before the next general election.
(b) In administering the provisions of subsection (a)(2) of this section:
(1) The Board shall prepare and use a registration application form that meets the requirements of the National Voter Registration Act of 1993 and of the Help America Vote Act of 2002, and in which each request for information is readily understandable and can be satisfied by a concise answer or mark.
(2) Mail-in voter registration application forms approved by the Board 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, shall be designed to provide an easily understood method of registering to vote by mail, and shall be mailed to the Board with postage prepaid. These forms shall have printed on them, in bold face type, the penalties for fraudulently attempting to register to vote pursuant to § 1- 1001.14(a) and the National Voter Registration Act of 1993. If an applicant fails to properly complete the registration form, the Board's registrar shall notify the applicant and provide the applicant with an opportunity to complete the form in a timely manner prior to the next election.
(3) The Board shall accept any application form that has been preapproved by the Board for the purpose of voter registration and meets the requirements of this subsection or has been approved for use by federal legislation or regulation.
(4) The Board shall provide a field on voter registration forms to allow an applicant to indicate his or her interest in working as a polling place worker during the next election.
(c)(1)(A) Each Bureau of Motor Vehicle Services application (including any renewal application) shall automatically serve as an application to register to vote in the District of Columbia, unless the applicant fails to sign the voter registration portion of the application.
(B) The Bureau of Motor Vehicle Services and the Board shall jointly develop an application form that shall allow an applicant who wishes to register to vote to do so by the use of a single form that contains the necessary information for voter registration and information required for the issuance, renewal, or correction of the applicant's driver's permit or nondriver's identification card in any motor vehicle services office.
(C) The application for voter registration submitted pursuant to this subsection shall be considered as an update to any previous voter registration.
(D) Any application submitted for the purpose of a change of address or name accepted by the Bureau of Motor Vehicle Services, pursuant to this subsection, shall be considered notification to the Board of the change of address or name unless the applicant states on the combined portion of the form that the change of address or name is not for voter registration purposes.
(E) The combined portion of the application shall be designed so that the applicant can:
(i) Clearly state whether the change of address or name is for voter registration purposes;
(ii) Provide a mailing address, if mail is not received at the residence address; and
(iii) State whether he or she is a citizen of the United States.
(F) On a separate and distinct portion of the form, to be used for voter registration purposes, the applicant shall:
(i) Indicate a choice of party affiliation (if any);
(ii) Indicate the last address of voter registration (if known); and
(iii) Sign, under penalty of perjury, an attestation, which sets forth the requirements for voter registration, and states that he or she meets each of those requirements.
(G) The instructions for completing the form shall also include a statement that:
(i) If an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and
(ii) If an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
(H) The deadline for transmission of the voter registration application to the Board shall be not later than 10 days after the date of acceptance by the Bureau of Motor Vehicle Services, except that if a voter registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the Board not later than 5 days after the date of its acceptance.
(I) An application to register to vote or for change of address, party, or name shall be considered received by the Board pursuant to subsection (e) of this section on the date it was accepted by the Bureau of Motor Vehicle Services.
(J) Any form issued by mail for the purposes of correcting or updating a driver's permit or nondriver's identification card shall be designed so that the individual may state whether the change of address or name is for voter registration purposes and provide a mailing address, if mail is not received at the residence address.
(K) The Board and the Bureau of Motor Vehicle Services shall match information in their respective databases to enable each agency to verify the accuracy of the information on applications for voter registration.
(2) The registration application form shall be designed by the Board to provide an easily understood method of registering to vote by mail and shall be mailable to the Board postage prepaid. Such forms shall have printed on them in bold face type the penalties for fraudulently attempting to register to vote.
(d)(1)(A) Any agency of the District of Columbia government that provides public assistance or that operates or funds programs primarily engaged in providing services to persons with disabilities shall be designated as a voter registration agency.
(B) In addition to the agencies named in subparagraph (A) of this paragraph, the Department of Parks and Recreation, the Department of Corrections, the Department of Youth and Rehabilitative Services, and the Office of Aging shall be designated as voter registration agencies.
(C) The Mayor may designate any other executive branch agency of the District of Columbia government as a voter registration agency by filing written notice of the designation with the Board.
(D) The District shall cooperate with the Secretary of Defense to develop and implement procedures for persons to apply to register to vote at Armed Forces recruitment offices.
(2) The agencies named in paragraphs (1)(A), (B), and (C) of this subsection shall:
(A) Distribute with each application for service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance, a voter registration application, unless the applicant, in writing, declines to register to vote;
(B) Provide assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance;
(C) Provide the services described in this paragraph at the person's home, if a voter registration agency provides services to a person with a disability at the person's home; and
(D) Accept completed forms and forward these forms to the Board as prescribed in this section.
(3) Each voter registration agency shall, on its own application, document, or on a separate form, provide to each applicant for service or assistance, recertification or renewal, or change of address the following information:
(A) The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?";
(B) Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (C) of this paragraph, together with the statement (in close proximity to the boxes and in prominent type), "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";
(C) The statement, "If you would like help completing the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may complete the application form in private.";
(D) The statement, "If you believe that someone has interfered with your right to register or decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the chief administrative officer of the Board of Elections and Ethics."; the name, title, address, and telephone number of the chief administrative officer shall be included on the form; and
(E) If the voter registration agency provides public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.".
(4) No person who provides a voter registration service at a District of Columbia government agency shall:
(A) Seek to influence an applicant's political preference or party registration;
(B) Display any political preference or party allegiance;
(C) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
(D) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.
(5) Each agency that has been designated a voter registration agency in paragraph (1) of this subsection shall provide to each applicant who does not decline to register the same degree of assistance with regard to the completion of the registration application form as provided by the office with regard to the completion of its own forms, unless the applicant refuses assistance.
(6) No information that relates to a declination to register to vote in connection with an application made at an office described in this subsection may be used for any purpose other than voter registration.
(7) No voter registration agency shall reveal whether a particular individual completed an application to register to vote except when ordered by the officer designated in paragraph (12)(A) of this subsection when a complaint has been filed pursuant to paragraph (11) of this subsection or pursuant to § 11 of the National Voter Registration Act of 1993.
(8) A completed voter registration application or change of address or name accepted at a voter registration agency shall be transmitted by the agency to the Board by not later than 10 days after its acceptance by the agency, except that if a voter registration application is accepted at a voter registration agency office within 5 days before the deadline for voter registration in any election, the application shall be transmitted by the agency to the Board not later than 5 days after the date of acceptance.
(9) An application accepted at a voter registration agency shall be considered to have been received by the Board pursuant to subsection (e) of this section as of the date of acceptance by the voter registration agency.
(10) Notwithstanding any other provision of law, the Board shall ensure that the identity of the voter registration agency through which any particular individual is registered to vote is not disclosed to the public.
(11) An allegation of violation of the National Voter Registration Act of 1993 or of this subchapter may be made in writing, filed with the chief administrative officer of the Board and detail concisely the alleged violation.
(12)(A) The Board shall designate its chief administrative officer as the official responsible for the coordination of the District of Columbia's responsibilities under the National Voter Registration Act of 1993 and as the official responsible for the coordination of this subchapter.
(B) The chief administrative officer designated under subparagraph (A) of this paragraph and the Board shall have the authority:
(i) To request any voter registration agency to submit in writing any reports and to answer any questions as the chief administrative officer or the Board may prescribe that relate to the administration and enforcement of the National Voter Registration Act of 1993 and of this subchapter; and
(ii) To bring a civil action in the Superior Court of the District of Columbia for declaratory or injunctive relief with respect to the failure of any voter registration agency to comply with the requirements of this subchapter.
(13) The Board may adopt regulations with respect to the coordination and administration of the National Voter Registration Act Conforming Amendment Act of 1994 and the National Voter Registration Act of 1993.
(14)(A) Agencies, other than voter registration agencies, may be designated as application distribution agencies. These agencies shall include the District of Columbia Public Library, the District of Columbia Fire Department, the Metropolitan Police Department, and any other executive agency the Mayor designates in writing.
(B) Each application distribution agency shall request, and the Board shall provide, sufficient quantities of mail-in voter registration applications for distribution to the public.
(C) These mail-in voter registration applications shall be placed in each office or substation of the agency in an accessible location and in clear view so that citizens may easily obtain a mail-in voter registration application.
(D) Nothing in this subsection shall be deemed to require or permit employees of a mail-in voter registration application distribution agency to accept completed forms for delivery to the Board or to provide assistance in completing an application.
(e)(1) Within 19 calendar days after the receipt of a registration application form from any applicant, the Board shall mail a non-forwardable voter registration notification to the applicant advising the applicant of the acceptance or rejection of the registration application by its chief voter registration official.
(2) If the application is accepted, the notification shall include the applicant's name, address, date of birth, party affiliation (if any), ward, precinct and Advisory Neighborhood Commission single-member district ("SMD"), the address of the applicant's polling place and the hours during which the polls will be open. The voter registration notification shall state that the applicant shall not vote before her or his 18th birthday. The Board may include along with the registration notification any voter education materials it deems appropriate. Registration of the applicant shall be effective on the date the Board determines that the applicant is a qualified elector and eligible to register to vote in the District of Columbia.
(3) If the application is rejected, the notification shall include the reason or reasons for the rejection and shall inform the voter of his or her right to appeal the rejection pursuant to subsection (f) of this section.
(4) If the voter registration notification is returned to the Board as undeliverable, the Board shall mail the notice provided in subsection (j)(1)(B) of this section.
(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 Board shall issue regulations establishing an expedited procedure for its review of a voter registration challenge or an application for correction of the voter roll filed during the period beginning on the 90th day before an election and ending on the 45th day before an election. The Board shall not accept a voter registration challenge or application for correction of the voter roll after the 45th day before an election.
(B) The Board shall send notice to any person whose registration has been challenged along with a copy of any evidence filed in support of the challenge. The notice shall be sent to the address listed on the Board's records. The notice shall state that the registrant must respond to the challenge not later than 30 days from the date of the mailing of the notice or be cancelled from the voter roll.
(C) The Board's chief voter registration official shall make a determination with respect to the challenge within 10 days of receipt of the challenged registrant's response. The determination shall be sent by first class mail to the challenged registrant and the person who filed the challenge. Within 14 days of mailing the notice, any aggrieved party may appeal, in writing, the chief voter registration official's determination to the Board. The Board shall conduct a hearing and issue a decision within 30 days of receipt of the written notice of appeal.
(D) With respect to a request for the addition of a person to the voter roll, if the Board's records do not evidence that the individual named has been erroneously omitted or cancelled, the Board shall send notice to the individual named in the request and to the person who filed the request. The notice shall state that the named individual must file a completed voter registration application in order to become a registered voter in the District.
(6) An individual whose registration has been cancelled under this section shall not be eligible to vote except by re-registration as provided in this section.
(f) In the case where a voter registration application is rejected pursuant to subsection (e) of this section, the Board shall immediately notify the individual of the rejection by first class mail. The individual may request a hearing before the Board on the rejection within 14 days after the notification is mailed. Upon the request for a hearing, the Board shall hold the hearing within 30 days after receipt of the request. At the hearing, the applicant and any interested party, may appear and give testimony on the issue. The Board shall determine the issue within 2 days after 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 Board's decision. The decision of the Court shall be final and not appealable. If any part of the process is pending on the date of any election held under this subchapter, the person whose registration is in question shall be permitted to cast a ballot in such election which is designated "challenged". The ballot shall be counted in the election if the applicant is ultimately deemed to be a qualified registered elector.
(f-1) Repealed.
(g)(1) At any time except during the 30-day period preceding any regularly scheduled election, a qualified elector or any individual who will be a qualified elector at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a voter registration application and submitting it in person at the Board's office or by mail. A registration that is received no later than 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, shall be accepted.
(2) The Board shall process:
(A) Mailed voter registration applications and registration update notifications received postmarked by not later than the 30th day preceding any election; and
(B) Timely completed non-postmarked voter registration applications and registration update notifications mailed and received not later than the 23rd day preceding any election.
(3) 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.
(4) After the 30th day preceding an election, a qualified elector may register to vote in the precinct in which the voter maintains residence by completing a voter registration application and submitting it in person at the Board's office. A qualified elector shall not change his or her party affiliation after the 30th day preceding an election.
(5) A qualified elector may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence by completing a voter registration application, making an oath in the form prescribed by the Board, and providing proof of residence. An individual may prove residence for purposes of registering by presenting such identification as required under federal 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. A qualified elector shall not change his or her party affiliation on election day.
(6) The precinct captain shall keep a record of individuals who attempt to register on election day and shall indicate the form of proof of residency provided by the person. The record shall be forwarded to the Board with the election returns for that precinct.
(7)(A) The Board shall maintain a list, including the name and addresses, of all individuals who either:
(i) Attempted to register and vote in the election, but could not provide proof of residence; or
(ii) Successfully registered and voted.
(B) The Board shall make the list available to public inspection upon request.
(h)(1) No later than 45 days preceding any election held under this subchapter, the Board shall cause a District-wide alphabetical list of qualified electors registered to vote in the District to be placed in the main public library and shall cause an alphabetical ward list of qualified registered electors for each ward to be placed in each branch library located within the respective ward. Such lists shall be current as of the 60th day preceding such elections.
(2) The Board shall cause a copy of the list of qualified electors registered to vote as of the date the voter registry closed to be placed in public buildings of the District of Columbia for a period of not less than 14 days preceding each election held under this subchapter as follows:
(A) A District-wide list shall be placed in the main public library; and
(B) A ward list for the ward shall be placed in every branch library located within the respective ward.
(3) The provisions of this subsection shall not apply when a special election is held to fill a vacancy in an Advisory Neighborhood Commission single-member district.
(i)(1) A person shall be entitled to vote in an election in the District of Columbia if he or she is a duly registered voter. A qualified elector shall be considered duly registered in the District if he or she has met the requirements for voter registration and, on the day of the election, either resides at the address listed on the Board's records or files an election day change of address pursuant to this subsection.
(2) Each registered voter who changes his or her place of residence from that listed on the Board's records shall notify the Board, in writing, of the new residence address. A change of address shall be effective on the date the notification was mailed as shown by the United States Postal Service postmark. If not postmarked, the notification shall be effective on the date of receipt by the Board. Change of address notifications from registrants shall be accepted pursuant to subsection (g) of this section, except that any registrant who has not notified the Board of his or her current residence address by the deadline established by subsection (g) of this section may be permitted to vote at the polling place that serves the current residence address by filing an election day change of address notice pursuant to paragraph (4) of this subsection.
(3) Each registered voter who votes at a polling place on election day shall affirm his or her residence address as it appears on the official registration roll for the precinct. The act of signing a copy of the official registration roll for the precinct shall be deemed affirmation of the voter's address as it appears on the Board's registration records.
(4)(A) A registered voter who has moved within the District but has not notified the Board in writing of his or her current address by the deadline established pursuant to subsection (g) of this section, or who is designated inactive pursuant to subsection (j) of this section, shall, prior to being permitted to vote, file notification of a change of address on a form provided by the Board, at the polling place serving the current residence address.
(B) A registered voter who files an election day change of address at the precinct of current residence in accordance with this paragraph shall, by written affirmation, establish identity and current residence within the precinct at the time of voting.
(C) The ballot of each person who files a change of address at a polling place shall be stamped "special" and placed in a sealed envelope. The outside of the special ballot envelope shall contain the affirmation signed by the voter attesting to his or her qualifications to vote in the election, the date of birth of the voter, and any other information as the Board deems necessary for its chief registration official to determine that the individual is qualified to have the ballot counted. The official in charge of the polling place shall provide the voter with written notification of the means by which the voter can determine from the Board whether the ballot will be counted and of the voter's right of appeal pursuant to § 1-1001.09(e) should the chief registration official determine that the voter is not qualified to vote in the election.
(5)(A) As soon as practicable after the election, the Board shall mail each registered voter who filed a change of address at the polls on election day a nonforwardable address confirmation notice to the address provided in the written affirmation.
(B) Where the United States Postal Service returns the address confirmation notification as undeliverable or indicating that the registrant does not live at the address provided in the written affirmation, the Board shall notify the Corporation Counsel of the District of Columbia.
(6) Each individual who has not previously voted in a federal election in the District and who registers to vote by mail shall present, either at the time of registration, at the polling place, or when voting by mail, a copy of a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, or pay check that shows the name and address of the voter. Individuals who fail to present this identification shall vote by special ballot. This paragraph shall not apply to:
(A) Individuals whose registration application includes a driver's license number or at least the last 4 digits of the individual's social security number, and matches an existing identification record bearing the same number, name, and date of birth as the application; or
(B) Individuals entitled to vote otherwise than in person under federal law.
(j)(1) The Board shall develop a systematic program to maintain the voter roll and keep it current. This program shall include the following:
(A) In January of each odd-numbered year, the Board shall confirm the address of each registered voter who did not confirm his or her address through the voting process or file a change of address at the polls in the preceding general election by mailing a first class nonforwardable postcard to the address listed on the Board's records.
(B)(i) If the United States Postal Service returns the notice and provides a new address for the registrant within the District of Columbia, the Board shall change the address on its records and mail to both the old and new addresses of the registrant a forwardable notification that the address has been changed to reflect the information obtained from the United States Postal Service.
(ii) If the United States Postal Service returns the notice and provides a new address outside the District of Columbia, the Board shall mail a forwardable notice to both the old and new address informing the registrant how to register to vote in the new jurisdiction or correct the address information obtained from the United States Postal Service.
(iii) If the United States Postal Service returns the notice to the Board as undeliverable, the Board shall mail to the registrant at his or her last known address the notice prescribed in sub-subparagraph (ii) of this subparagraph.
(C) The notices prescribed in subparagraphs (A) and (B) of this paragraph shall include a pre-addressed and postage paid return notification postcard to enable the registrant to correct any address information obtained from the United States Postal Service. In addition, the notices shall include the following information:
"If you did not change your residence, or changed residence but remained in the District, you should return the card not later than the deadline for mail registration for the next federal election (the 30th day before the election). If the card is not returned, affirmation of your address may be required before you are permitted to vote in any election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office that occurs after the date of the notice, and if you do not vote in an election during that period, your name will be removed from the list of eligible voters.".
(D) The Board may, in addition, utilize information obtained from the United States Postal Service, the National Change of Address System ("NCOA"), the Bureau of Motor Vehicle Services (subject to the provisions of subsection (c)(1)(D) of this section, which identifies registrants who have moved from the addresses listed on the Board's records. In these cases the Board shall issue the notices prescribed in subparagraph (B) of this paragraph.
(2)(A) Upon mailing of the notice required in paragraph (1)(B) of this subsection, the registrant's voter registration status shall be designated as inactive on the voter roll.
(B) Where a registered voter is designated as inactive on the voter roll pursuant to subparagraph (A) of this paragraph and the registrant provides the Board with a current residence address, or votes in any election in accordance with subsection (i) of this section by the date established in subparagraph (C) of this paragraph, the inactive designation shall be removed from the registrant's record.
(C) Where the Board mails the notice required in paragraph (1)(B) of this subsection, and the registrant fails to respond to the notice and fails to vote during the period beginning on the date the notice was mailed and ending on the day after the second general election for federal office, the registrant's name shall be removed from the voter roll.
(3) As part of its systematic voter roll maintenance program, the Board may, by regulation, develop additional procedures to identify and remove from the voter roll registrants who are deceased and no notification was received from the Bureau of Vital Statistics, who have moved from the District and no notification was received from the registrant or the United States Postal Service, or who otherwise no longer meets the qualifications as duly registered voters.
(4) Any systematic program conducted by the Board to identify individuals who do not reside at the address listed on the Board's records shall be completed not less than the 90th day immediately preceding any primary, general, or District-wide special election.
(5) The voter registrations of individuals whose registrations are designated as inactive on the voter roll, pursuant to paragraph (2) of this subsection:
(A) Shall not be utilized in the calculation of the number of signatures required for qualification of candidate, initiative, referendum, and recall petitions;
(B) Shall not be counted as valid in the verification of signatures pursuant to §§ 1-1001.08(o), 1-1001.16(o), and 1-1001.17(k);
(C) Shall not be included where the Board is required:
(i) To provide lists of registered voters at the polls on election day or for public inspection;
(ii) To calculate or report the number of registered voters for an administrative purpose; or
(iii) For the issuance of information mailings; and
(D) Their names shall not be sold by the Board either in hard copy form or electronic media, except upon specific request of the purchaser and the fact that the registrations are designated as inactive is made known to the purchaser.
(k)(1) The Board shall cancel a voter registration upon receipt of a signed request from the registrant, upon notification of the death of a registrant, upon notification of a registrant's incarceration for conviction of a felony, upon notification that the registrant has registered to vote in another jurisdiction, or for any other reason specifically authorized in this subchapter.
(2) The Board shall request at least monthly, and the Mayor shall furnish, the name, address, and date of birth, if known, of each District resident 18 years of age and over reported deceased within the District, together with the name and address of each District resident who has been reported deceased by other jurisdictions since the date of the previous report.
(3) The Board shall request at least monthly, and the Superior Court of the District of Columbia shall furnish, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report, and the former and present names and address of each person whose name has been changed by decree or order of the Court since the date of the previous report.
(4) The Board shall request from the United States District Court for the District of Columbia, at least monthly, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report.
(5) Any individual whose registration has been cancelled shall not be permitted to vote except by re-registration as provided in this section.
(l) Before May 1, 2010, the Board shall submit to the Council a report indicating the feasibility of implementing automatic voter registration in the District.
(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 7; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1 (8, 9, 10, 11); July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4(4); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Dec. 23, 1971, 85 Stat. 790, Pub. L. 92-220, § 1(8), (30), (31); 1973 Ed., § 1-1107; Dec. 16, 1975, D.C. Law 1-37, § 2(3)-(5), 22 DCR 3426; Apr. 23, 1977, D.C. Law 1-126, title III, § 301(g)-(i), title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2- 101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(e), (n), (p), (q), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(b), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(c), 30 DCR 3196; Mar. 16, 1988, D.C. Law 7-92, § 3(d)-(g), 35 DCR 716; Aug. 17, 1991, D.C. Law 9-32, § 2, 38 DCR 4220; Mar. 11, 1992, D.C. Law 9-75, § 2(b), 39 DCR 310; Feb. 5, 1994, D.C. Law 10-68, § 7(a), 40 DCR 6311; Sept. 22, 1994, D.C. Law 10-173, § 2(b), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(b), 42 DCR 1547; Apr. 18, 1996, D.C. Law 11-110, § 5(a), 43 DCR 530; Apr. 12, 2000, D.C. Law 13-91, § 123(b), 47 DCR 520; Apr. 3, 2001, D.C. Law 13-251, § 2(a), 48 DCR 668; Dec. 7, 2004, D.C. Law 15-218, § 2(c), 51 DCR 9132; Apr. 7, 2006, D.C. Law 16-91, § 127(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 48(l), 53 DCR 6794; Oct. 21, 2008, D.C. Law 17-236, § 2, 55 DCR 9019; Feb. 4, 2010, D.C. Law 18-103, § 2(e), 56 DCR 9169; May 31, 2012, D.C. Law 19-131, § 2(a), 59 DCR 2389.)
HISTORICAL AND STATUTORY NOTES
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.
