D.C. Mun. Regs. tit. 3, r. 3-810

Current through Register 71, No. 45, November 7, 2024

Rule 3-810 - DISCRETIONARY MANUAL TABULATION

810.1

Notwithstanding instances when manual tabulation is required by law or this chapter, the Board may order that ballots be manually inspected and tabulated under the following circumstances:

(a) Upon the filing of a recount petition, when it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular vote center, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are preprinted on the ballot;

(b) When there is evidence of a machine miscount or malfunction; or

(c) When it is determined by the Board that manual tabulation is necessary to ascertain correct vote totals.

810.2

When manual tabulation is ordered pursuant to this section:

(a) Validity of ballots and votes and tabulation procedures shall conform to the rules specified in this chapter;

(b) Only the ballots for those vote centers and contests designated by the Board shall be manually tabulated; and

(c) The Board shall direct that the tabulation be conducted at a time that is practicable.

D.C. Mun. Regs. tit. 3, r. 3-810

Final Rulemaking published at 27 D.C. Reg. 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 D.C. Reg. 1222, 1246-47 (March 21, 1980); renumbered by Final Rulemaking published at 31 D.C. Reg. 2129, 2130 (May 4, 1984); and further amended by Final Rulemaking published at 31 D.C. Reg. 4524, 4527 (September 14, 1984); as amended by Final Rulemaking published at 51 D.C. Reg. 7430-7431 (July 30, 2004); as amended by Final Rulemaking published at 51 D.C. Reg. 5068 (May 14, 2004); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11149, 11159 (November 26, 2010); amended by Final Rulemaking published at 62 DCR 14744 (11/13/2015); amended by Final Rulemaking published at 70 DCR 12730 (9/22/2023)

3 DCMR § 810 is formerly entitled, "Manual Tabulation of Write-in Votes."

Authority: The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Code § 1-1001.05(a)(14).