Councilmember Kathleen PattersonA BILL IN
THE COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Kathleen Patterson introduced the following bill, which was referred to
the Committee on
To amend the District of Columbia Election Code of 1955 to clarify the procedures for
election day challenges and to provide the right to appeal the Board's decision by any
aggrieved party.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Election Day Challenge Procedural Amendment Act of 1997".
Sec. 2. Section 9 of The District of Columbia Election Code of 1955,
approved August 12, 1955 (69 Stat. 699; D.C. Code §1-1301 et seq.) is amended
as follows:
(a) Subsection (c) is amended by inserting the following sentence at the end of the
existing text:
"Each challenge shall be made by written oath signed by the challenger under
penalty of perjury setting forth the name of the person challenged and the basis for the
challenge.
(b) Subsection (d) is amended to read as follows:
(d) If the official in charge of the polling place receives any such challenge or makes
such a challenge on his or her own initiative with respect to a prospective voter
qualification, the official shall request that the prospective voter respond to a series
of questions, established by Board regulation and printed on a form produced by the Board,
to provide evidence of his or her right to vote. The prospective voter shall answer the
questions and sign a statement swearing that the information is true.
If a person challenged refuses to answer fully any questions put to the person or after
having answered all of the questions, and the challenge is not withdrawn, the official
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 paragraph (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 paragraph (e) of the
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.
(c) Subsection (e) is amended to read as follows:
"(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 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 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 1
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. 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 where a challenged or special ballot was rejected to determine
whether that voter's vote shall be counted in the same manner as all other ballots cast in
that election. The Board shall inform the voter and the challenger of the date scheduled
for the hearings and the manner by which they 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 both parties at the time of voting. At the hearing, both the
voter and the challenger may appear and give testimony on 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.".
Sec. 3. This act shall take effect after a 30-day period of Congressional review
following approval by the Mayor (or in the event of veto by the Mayor, action by the
Council of the District of Columbia to override the veto), approval by the Financial
Responsibility and Management Assistance Authority as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 116; D.C. Code §47- 392.3(a)), a 30-day period of
Congressional review as provided in section 602(c)(1 ) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and
publication in the District of Columbia Register. |
