D.C. Mun. Regs. tit. 7, r. 7-1523

Current through Register 71, No. 45, November 7, 2024
Rule 7-1523 - RECOUNTS AND RESOLVING TIE VOTES
1523.1

An eligible candidate in any election may, within seven (7) days after the Board certifies the election results and publishes those results in the District of Columbia Register, petition the Board, in writing, for a recount of the ballots cast in that election. Such petition shall explicitly state the justification for a ballot recount.

1523.2

Upon receipt of a recount petition, the Board shall direct the election official to conduct a recount, at no cost to any eligible candidate, if the certified election results show a margin of victory for an eligible candidate that is less than one percent (1%) of the total votes cast or fifty (50) votes, whichever is less, for the qualified voter category.

1523.3

Upon receipt of a recount petition that does not meet the criteria set forth in Section 1523.2, the Board shall direct the election official to prepare an estimate of the time and cost to perform the recount, which shall be provided to the petitioner in writing.

1523.4

If the petitioner chooses to proceed with a recount, the petitioner shall deposit with the Board the estimated cost of the recount within seven (7) days of receipt of the estimate of the time and cost of the recount.

1523.5

Deposits shall be paid by certified check or money order made payable to the "District of Columbia Retirement Board." No cash deposit will be accepted.

1523.6

At the conclusion of any recount, a report of the recount results shall be presented to the Board and posted on the Board's website.

1523.7

If are count, for which a deposit was made to the Board to cover estimated costs changes the results of the election, the entire amount deposited by the petitioner shall be refunded.

1523.8

If the result of the election is not changed, the petitioner is liable for the actual cost of the recount, minus the deposit already made. If the actual cost of the recount is less than the deposit made, the difference shall be refunded to the petitioner.

1523.9

There shall only be one (1) recount per election in a qualified voter category. The results of a recount are final and not subject to further administrative review.

1523.10

The Board shall not publish an amended certification of election results in the District of Columbia Register, unless the outcome of an election has changed as a result of a recount.

1523.11

In the event of a tie vote for a winner of an election, the election official shall conduct an automatic recount, at no cost to any eligible candidate. If the recount confirms the tie vote, the election official shall determine, by drawing lots, the resolution of the tie vote and winner of the election.

1523.12

After a recount confirms the tie vote, a notification of the drawing of lots for the resolution of a tie vote, shall be provided to each eligible candidate no fewer than three (3) days prior to the scheduled date of the drawing of lots. The notification shall include the time, date, and location of the drawing of lots.

1523.13

An eligible candidate, or his or her designated authorized representative, may view the drawing of lots for the resolution of a tie vote. An eligible candidate must notify the election official of his or her intent to view the drawing of lots, in writing, no later than twenty-four (24) hours prior to the scheduled date of the drawing of lots.

1523.14

Drawing of lots for the resolution of a tie vote shall be conducted by the election official in the following manner:

(a) The name of each of the tied eligible candidates shall be typed or written on separate slips of paper and placed in a container in a manner such that the names on the slips of paper shall be hidden from the view of the individual drawing.
(b) The election official shall draw from the container one slip of paper.
(c) The eligible candidate whose name is pulled first from the container shall be deemed the winner of the election.

D.C. Mun. Regs. tit. 7, r. 7-1523

Final Rulemaking published at 65 DCR 2951 (3/23/2018)