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Presidential Primary Petition and Filing Waiver Emergency Act of 2003
Bill 15-492

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Councilmember Jack Evans

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA  

To amend, on an emergency basis, AN ACT to regulate the election of delegates representing the District of Columbia to national political conventions, and for other purposes, to waive all filing requirements for generally recognized United States presidential candidates.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Presidential Primary Petition and Filing Waiver Emergency Act of 2003".

Sec. 2. AN ACT to regulate the election of delegates representing the District of Columbia to national political conventions, and for other purposes, approved August 12, 1955 (69 Stat. 699; D.C. Official Code §1-1001.01 et seq,), is amended as follows; 

(a) New sub-paragraphs 5(b)(2)(a-c), Section 5(b) (D.C. Official Code §1-1001.05(b)) will read as follows: 

"2(a) The Board of Election and Ethics shall announce the name of individuals it has determined to be generally advocated for or recognized throughout the United. States or the District of Columbia as actively seeking the nomination of the Parties eligible to conduct presidential primaries in the District of Columbia pursuant to Section 8d (D.C. Official Code §1-1001.08d). Criteria for determining "generally recognized" candidates include, but are not limited to: 

a. Being generally recognized as seeking and advocated for the office 

b. Qualifying for federal matching funds 

c. Appearing in national public opinion polls, candidates' forums, debates, etc. 

d. Being on the ballot in other states' primaries 

e. The Board may also rely on advice and input from the District's party chairs.

(b) On or before November 7, 2003 the Board of Election and Ethics Officer must publicly announce the list of candidates it intends to place on the presidential primary ballot and must also provide written notification to all candidates. 

(c) Following this announcement, the Board may on or before November 14, 2003, add presidential candidates to the selection but may not delete any candidate unless the candidate withdraws by contacting the Board of Election and Ethics in writing or by public announcement of their intent to withdraw . 

(d) This sub-section will not apply to any party who chooses to opt out of the January 13, 2004 primary.".  

Sec. 3. Fiscal impact statement. 

The Council adopts the attached fiscal impact statement as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D. C. Official Code § 1-206.02(c)(3)). 

Sec. 4. Effective date. 

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code §1-204.12(a)).  

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