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Back to legislation introduced in Council period 16

Election Reform Amendment Act of 2005
Bill 16-236

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Councilmember Vincent B. Orange, Sr.

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Vincent B. Orange Sr., introduced the following bill, which was referred to the Committee on Government Operations

To amend the District of Columbia Election Code of 1955 to provide an alternative to the  nomination petition requirement to permit a candidate for the office of Delegate, Mayor, Chairman of the Council, at-large member of the Council, or member of the Council to be nominated for any such office by a petition or by paying a filing fee in lieu of being nominated for any such office by a petition, to establish a more feasible start date for the period within which a petition for the recall of an elected official must be circulated and filed with the District of Columbia Board of Elections and Ethics, to make unlawful the act of intentionally tampering with campaign posters and other campaign material during an election period, to require that the Board of Elections and Ethics count provisional ballots cast at any precinct in the District of Columbia for federal and at-large elective offices, to require that the District of Columbia Board of Elections and Ethics list the acceptable forms of identification in its voter education guide, to require that the
Board of Elections and Ethics provide adequate training for election workers, specifically, as it relates to provisional ballot procedures, to require the Board of Elections and Ethics to count all signatures, that have been determined by the Board to be valid signatures, that are appended to nominating petitions; recall petitions; and initiative and referendum petition sheets, to require that the Board of Elections and Ethics publicly announce, on the evening of the election, the number of provisional ballots that were cast in primary, general, and special elections, to require the Board of Elections and Ethics to certify the inspection of all District voting machines and counting machines, prior to election day, to require the Board of Elections and Ethics to provide electors with a voter verifiable paper record of their vote, to provide voter registration assistance for persons who complete their incarceration, to provide a penalty section for individuals that sign petitions that are not duly registered voters; to ensure that all election material is supplied in the native-language of non-English speaking voters where they constitute 3% or more of the eligible voting population in the District, to provide a definition for the term "presence", and to require persons holding the office of Mayor, Chairman, or member of the Council that declares candidacy for any other office shall resign their current position at the expiration of the current term of the office that is sought.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,

That this act may be cited as the "Election Reform Amendment Act of 2005". 

Sec. 2. The District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 701; D.C. Official Code §1-1001.01 et seq.) is amended as follows:

(1) Section 5 (D.C. Official Code §1-1001.05) is amended by adding a new paragraph (15A) to read as follows:

"(15A) The Board shall inspect all voting and counting machines prior to the actual election, and shall publicly certify that the machines are operating properly.".

(2) Section 7(b) (D.C. Official Code § 1-1001.07(b)) is amended by adding a new paragraph (4) to read as follows:

"(4) The Board shall publish all acceptable forms of identification that may be used for purposes of voter registration under this section.".

(c) Section 8 (D.C. Official Code §1-1001.08) is amended as follows:

(1) Subsection (a) is amended by adding a new paragraph (3A) to read as follows:

"(3A) The Board shall count all signatures that the Board has determined to be valid for purposes of determining whether the requirements of paragraphs (1)(A) and (1)(B) of subsection (a) of this section have been met.".

(2) Subsection (i) is amended as follows:

(1) Paragraph (1) is amended by striking the phrase "each individual" and inserting the phrase "Except as provided in paragraph (5) of this subsection, each individual" in its place.

(2) A new paragraph (5) is added to read as follows:

"(i)(5) Notwithstanding paragraphs (1) through (4) of this subsection, any candidate for the office of Delegate, Mayor, Chairman of the Council, at-large member of the Council, or member of the Council may be nominated by paying a filing fee in lieu of the petition requirement not later than 69 days before the date of the primary election. The filing fee for these individuals shall be as follows:

(A) office of Delegate $2,000.00
(B) Mayor $2,000.00
(C) Chairman of the Council $1,500.00
(D) at-large member of the Council $1,000.00
(E) member of the Council $ 500.00".

(3) Subsection (j) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "A duly qualified candidate" and inserting the phrase "Except as provided in paragraph (4) of this subsection, a duly qualified candidate" in its place.

(B) A new paragraph (4) is added to read as follows: 

"(4) Notwithstanding paragraphs (1) through (3) of this subsection, any candidate for the office of Delegate, Mayor, Chairman of the Council, at-large member of the Council, or member of the Council may be nominated by paying a filing fee in lieu of the petition requirement not later than 69 days before the date of the election. The filing fee for these offices shall be as follows:

(A) office of Delegate $2,000.00
(B) Mayor $2,000.00
(C) Chairman of the Council $1,500.00
(D) at-large member of the Council $1,000.00
(E) member of the Council $ 500.00

(d) Section 9 (D.C. Code §1-1001.09) is amended as follows: 

(1) Subsection (b) is amended as follows:

(a) Paragraph (1) is amended by striking the phrase "Except as provided in paragraph (2)" and inserting the phrase "Except as provided in paragraphs (2) and (3)" in its place.

(b) Add new paragraphs (3) and (4) to read as follows:

"(3) If a vote is cast in a voting precinct other than the precinct required under paragraph (1) of this subsection in an election for a federal office or an at-large office.

"(4) If an individual attempts to cast his vote at a precinct other than the precinct required under paragraph (1) of this subsection, a poll worker or precinct captain at the precinct where the individual attempted to vote shall advise that individual that:

(A) The individual must vote at the voting precinct that serves his or her current residence address and provide the address of the correct voting precinct, and

(B) Any vote cast in the wrong precinct shall not be counted, except in an election for a federal office, or an at-large office.".

(2) Add a new subsection (d-3) to read as follows:

"(d-3)(1) The Board shall count the total number of special ballots cast under subsection (d-1) of this section in any election for a federal office or an at-large office.

(2) The Board shall announce or publish the total number of special ballots cast during any primary, general, or special election at the same time that the Board announces or publishes the election results. The Board shall not declare a winner of any election:

(A) If the total number of special ballots cast could change the outcome of the election, and

(B) Until the validity of the special ballots have been certified by the Board.".

(3) Subsection (e) is amended by adding a new paragraph (5) to read as follows:

"(5) The Board shall develop a written training manual and provide training to each poll worker and precinct captain in every voting precinct concerning the use of special ballots under subsection (d-1) including the identification materials required for voter registration on the day of the election, the circumstances under which special ballots may be cast, the counting of special ballots, and the requirements under subsection (b)(4) of this section.".

(4) Add a new subsection (1) to read as follows:

"(l)(1) Each voter shall be provided with a verifiable paper record of his or her vote before the vote is cast. The voter shall have an opportunity to correct any error made by the voting system verifiable paper record before the permanent verified paper record is preserved by the Board, for later use in any manual audit.

(3) The permanent verifiable paper record shall be available as the official record and shall be the official record used for any recount conducted with respect to any election.".

(e) Section 14 (D.C. Code §1-1001.14) is amended as follows: 

(2) Redesignate subsection (c) as subsection (d)

Amend subsection (c) to read as follows:

"Any person who, during the period beginning 45 days before and ending 4 days after any election, intentionally removes, defaces, or destroys any lawfully placed billboard, sign or other written material relating to a candidate for any office or any initiative, referendum or recall measure, or who prevents, hinders, or interferes with the lawful distribution of any card, pamphlet, circular, poster, handbill, yard sign, or other written material shall be deemed guilty of a misdemeanor and be fined not more than $750. Any person found guilty of removing, defacing, or destroying any billboard, sign or written material shall pay the cost of replacement. The provisions of this subsection shall not apply to the removal, defacing or destruction of campaign material by:

1. The candidate or authorized agent of the candidate; 

2. The owner or authorized agent of the owner of the premises on which campaign material was placed, with or without the owner's consent; or 

3. Any person charged with enforcement of any District law or regulation relating to the provisions of this section.

(f) Section 16(k) (D.C. Official Code §1-1001.16(k)) is amended by adding a new paragraph (3) to read as follows:

"(3) The Board shall count all signatures that the Board has determined to be valid for purposes of determining whether the requirements of subsection (i) of this section have been met. The Board shall not refuse to accept a petition under subparagraph (E) of this paragraph where the Board determines that there exists a sufficient number of valid signatures to qualify the measure for consideration by the voters under subsection (i); provided that the Board shall refuse to accept the signatures due to a pervasive patter [sic] of fraud, forgeries, and other improprieties that permated [sic] the petition circulation process.".

(g) Section 17 (D.C. Official Code §1-1001.17) is amended as follows:

(1) Subsection (g) is amended as follows:

(A) Strike the phrase "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)" and insert the phrase, "when the proponent of the recall formally adopts the original petition form as his or her own pursuant to subsection (e)" in its place.

(B) Strike the phrase "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."

(2) Subsection (i) is amended by adding a new paragraph (7) to read as follows:

"(7) The Board shall count all signatures that the Board has determined to be valid. The Board shall not refuse to accept a petition under subparagraph (6) of this paragraph where the Board determines that a sufficient number of valid signatures exist to qualify the measure for consideration by the voters under subsection (h) of this section; provided that the board shall refuse to accept petitions because of a pervasive pattern of fraud, forgeries and other improprieties that permated [sic] the petition circulation process.".

(h) (D.C. Official Code § 1-1001.07) is amended by adding a new paragraph:

"The District of Columbia Department of Corrections shall provide every convicted felon, that has completed their term of incarceration, and is being processed for release, with a mail-in voter registration application. The Department of Corrections shall instruct every convicted felon, that has completed their term of incarceration, that the application can be submitted to the District of Columbia Board of Elections and Ethics after they have completed their full term of incarceration, to include parole terms.".

(i) (D.C. Official Code §1-1001.16) is amended as follows:

The following language is inserted after "statement", "shall be printed in bold red lettering that declares that only duly registered voters of the District of Columbia may sign the petition and that anyone determined to be in violation of this requirement will be subject to a fine of $150.00;"

(j) (D.C. Official Code §1-1031.02 (a) and (b) is amended by striking the number "5" and inserting the number "3" in its place.

(k) (D.C. Official Code § 1-1001.15 (b) is amended by deleting paragraph (b) and inserting a new paragraph (b) to read as follows:

"(b) Notwithstanding the provisions of subsection (a) of this section, a person holding the office of Mayor, Chairman, or member of the Council that declares candidacy for any other office shall resign their current position at the expiration of the current term of the office that is sought.".

Sec. 3. Definition.

(1) The term "presence" means within visual sight.

Sec. 4. Inspection of voting machines. 

The Board of Elections and Ethics shall inspect all voting and counting machines, prior to the actual election, and shall publicly certify that such machines are operating properly.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report 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. Code 1-233(c)(3)).

Sec. 6. 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), 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. Official Code §1-206.02(c)(1)), and publication in the District of Columbia Register.

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