D.C. Code § 1-1001.07

Current through codified legislation effective September 4, 2024

Section 1-1001.07 - Voter

(a) No person shall be registered to vote in the District of Columbia unless the person:

(1) Meets the qualifications as a qualified elector as defined in § 1-1001.02(2);

(2)

(A) Executes an application to register to vote by signature or mark (unless prevented by disability) on a form approved pursuant to subsection (b) of this section or by the Election Assistance Commission attesting that the person meets the requirements of a qualified elector, and if the person desires to vote in party elections, indicating the person's political party affiliation;

(B) Automatically registers pursuant to subsection (c) of this section; or

(C) Has been placed on the preapproved for registration list pursuant to section 7b and subsequently activates the person's registration; and

(3) The Board approves the person's registration application as provided in subsections (e) and (g) of this section.

(a-1)

(1) No application for voter registration may be accepted or processed by the Board unless the application includes:

(A) The DMV-issued identification number of the applicant; or

(B) The last 4 digits of the social security number of an applicant who has not been issued a current and valid DMV-issued identification.

(2) If an applicant has not been issued a current and valid DMV-issued identification or a social security number, the Board shall assign the applicant the unique identifier assigned pursuant to § 1-1001.05(a)(1).

(a-2) A person who is otherwise qualified may pre-register on or after that person's 16th birthday and may vote in any election occurring on or after that person's 17th birthday; provided, that the person is at least 18 years of age on or before the next general election.

(b) In administering the provisions of subsection (a)(2) of this section:

(1) The Board shall prepare and use a registration application form that meets the requirements of the National Voter Registration Act of 1993 [ 42 U.S.C. § 1973gg et seq.] and of the Help America Vote Act of 2002, and in which each request for information is readily understandable and can be satisfied by a concise answer or mark.

(2) Mail-in voter registration application forms approved by the Board shall meet the requirements of the National Voter Registration Act of 1993, approved May 20, 1993 (107 Stat. 77; 42 U.S.C. § 1973gg et seq.) and the Help America Vote Act of 2002, shall be designed to provide an easily understood method of registering to vote by mail, and shall be mailable to the Board with postage prepaid. These forms shall have printed on them, in bold face type, the penalties for fraudulently attempting to register to vote pursuant to § 1-1001.14(a) and the National Voter Registration Act of 1993 [ 42 U.S.C. § 1973gg et seq.]. If an applicant fails to properly complete the registration form, the Board's registrar shall notify the applicant and provide the applicant with an opportunity to complete the form in a timely manner prior to the next election.

(2A) The Board shall implement a digital voter service system that includes a voter registration application form that may be executed by either:

(A) An electronic signature provided by the applicant directly to the Board; or

(B) An electronic signature provided to the Board by the DMV in accordance with paragraph (5) of this subsection.

(3) The Board shall accept any application form that has been preapproved by the Board for the purpose of voter registration and meets the requirements of this subsection or has been approved for use by federal legislation or regulation.

(4) The Board shall provide a field on voter registration forms to allow an applicant to indicate the applicant's interest in working as a polling place worker during the next election.

(5) For each individual who submits a voter registration application using the Board's digital voter service system required by paragraph (2A) of this subsection, the Board shall request, and the DMV shall furnish, an electronic copy of the applicant's signature for the purpose of executing the application submitted for acceptance and approval; provided, that the applicant provides the applicant's DMV-issued identification number and affirmatively consents to the use of that signature as the signature for the application submitted.

(c)

(1)

(A) The following shall be automatic voter registration agencies, although the Board may designate additional automatic voter registration agencies by rulemaking:

(i) DMV; and

(ii) DOC.

(B) Unless the applicant indicates that the applicant does not want to register to vote or indicates the applicant is not a U.S. citizen:

(i) Each DMV application for a DMV-issued driver's license (including any renewal application) or nondriver's identification card by a person who is not already registered to vote or preregistered to vote in the District shall automatically serve as an application to register to vote. However, any person who, at the time of the transaction with the DMV provides a document that demonstrates non-citizenship shall not be offered the opportunity to register to vote; and

(ii) DOC shall automatically register each qualified elector in its care or custody in the Central Detention Facility or Correctional Treatment Facility to vote.

(C) Each automatic voter registration agency and the Board shall jointly develop an application that captures:

(i) If the automatic voter registration agency is the DMV, the necessary information for the issuance, renewal, or correction of the applicant's driver's license or nondriver's identification card; and

(ii) The applicant's:

(I) Mailing address, if mail is not received at the residence address;

(II) Citizenship;

(III) Choice of party affiliation (if any);

(IV) Last address of voter registration (if known);

(V) Whether the applicant would like information on serving as an election worker in the next election;

(VI) Under penalty of perjury, an attestation that sets forth the requirements for voter registration and states that the applicant meets each of those requirements; and

(VII) Ability to decline to register to vote,

(D) For each applicant who did not decline to register to vote under subparagraph (B) of this paragraph, the automatic voter registration agency shall provide to the Board electronic records containing the applicant's:

(i) Legal name;

(ii) Date of birth;

(iii) Residence;

(iv) Mailing address;

(v) Previous voter registration address;

(vi) DMV-issued identification number or social security number;

(vii) Party affiliation (if any);

(viii) Response as to whether the applicant would like information on serving as a poll worker in the next election;

(ix) Citizenship information; and

(x) Electronic signature.

(E) An application for voter registration submitted pursuant to this subsection shall be considered as an update to any previous voter registration.

(F)

(i) If a registered or preregistered voter submits a change of name or address notice to the DMV, or supplies a name or address as part of a driver's license or nondriver's identification card application, renewal, or correction that differs from the voter's name or address in the voter roll, the DMV shall automatically and electronically transmit the information necessary to update the voter roll to the Board.

(ii) Subject to compliance with applicable federal laws and regulations, if a registered or preregistered voter supplies a name or address as part of an application for a District medical assistance program (including any recertification), such as Medicaid, that differs from the voter's name or address in the voter roll, the Department of Health Care Finance shall automatically and electronically transmit the information necessary to update the voter roll to the Board.

(iii)

(I) If a registered or preregistered voter supplies a name or address as part of an agency transaction to another government agency, which the Board designates by rulemaking, and such name or address differs from the name or address in the voter roll, the agency shall automatically and electronically transmit the information necessary to update the voter roll to the Board.

(II) The Board may designate a government agency pursuant to this sub-subparagraph without designating such agency as an automatic voter registration agency pursuant to paragraph (1)(A) of this subsection.

(III) A government agency designated pursuant to this sub-subparagraph may include an agency of the federal government, subject to the agreement of such agency.

(iv) Upon receipt of the information described in sub-subparagraph (i), (ii), or (iii) of this subparagraph, the Board shall change the voter roll or preapproved for registration list to reflect the change of name or address and send to the voter's address of record, by forwardable mail, notice of the change and a return form and postage-paid, preaddressed envelope by which the voter may verify or correct the information.

(v) If the voter returns the form described in sub-subparagraph (iv) of this subparagraph and indicates that the change to the voter roll was in error, the Board shall immediately correct the voter's previously updated information in the voter roll.

(G) The instructions on the application shall also include a statement that:

(i) If an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and

(ii) If an applicant does register to vote, the automatic voter registration agency at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.

(H) The deadline for transmission of the voter registration information to the Board shall be not later than 10 days after the date of acceptance of the application by the automatic voter registration agency; except, that if an application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the Board not later than 5 days after the date of its acceptance.

(I)

(i) An application shall be considered received by the Board pursuant to subsection (e) of this section on the date it was accepted by the automatic voter registration agency.

(ii) The Board shall consider an application that the automatic voter registration agency accepted for the purposes of voter registration on or before the voter registration deadline as timely received.

(J) The DMV and the Board shall prescribe a method by which the DMV, upon obtaining a person's full name, date of birth, DMV-issued identification number, last 4 digits of the person's social security number (if available), residence address, and mailing address if different from residence address, may use the information from the voter roll to determine whether the person is already registered to vote or preregistered to vote in the District, and, if so, whether the person is registered or preregistered at the address the person provided to the DMV.

(K) The Board and each automatic voter registration agency shall match information in their respective databases to enable each agency to verify the accuracy of the information on applications for voter registration.

(L) Except as provided in this subsection, any citizenship information provided by an applicant for voter registration purposes shall not be otherwise retained, used, or shared by the automatic voter registration agency.

(M) Automatic voter registration agencies shall not register individuals who are not U.S. citizens.

(2) Repealed.

(3)

(A) If a person who is not a qualified elector becomes registered to vote under this subsection, that person's voter registration:

(i) Shall be presumed to have been effected with official authorization and not through the fault of that person;

(ii) Shall not constitute a violation of § 1-1001.14; and

(iii) Shall not serve as a basis for holding that person civilly or criminally liable for the voter registration;

(B) If a person who is not a qualified elector becomes registered to vote under this subsection and votes or attempts to vote in an election held after the effective date of that person's voter registration, that person shall not be in violation of § 1-1001.14 or held civilly or criminally liable for voting, unless that person votes or attempts to vote knowing that the person is not a qualified elector.

(d)

(1)

(A) Any agency of the District of Columbia government that provides public assistance or that operates or funds programs primarily engaged in providing services to persons with disabilities shall be designated as a voter registration agency.

(B) In addition to the agencies named in subparagraph (A) of this paragraph, the Department of Parks and Recreation, the Department of Corrections, the Department of Youth Rehabilitation Services, the Department of Aging and Community Living, the District of Columbia Public Library, and the District of Columbia Public Schools shall be designated as voter registration agencies; provided, that access to voter registration services at District of Columbia Public Schools shall be restricted to District of Columbia Public Schools students and employees.

(C) The Mayor may designate any other executive branch agency of the District of Columbia government as a voter registration agency by filing written notice of the designation with the Board.

(D) The District shall cooperate with the Secretary of Defense to develop and implement procedures for persons to apply to register to vote at Armed Forces recruitment offices.

(2) The agencies named in paragraphs (1)(A), (B), and (C) of this subsection shall:

(A) Distribute with each application for service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance, a voter registration application, unless the applicant, in writing, declines to register to vote;

(B) Provide assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance;

(C) Provide the services described in this paragraph at the person's home, if a voter registration agency provides services to a person with a disability at the person's home;

(D) Accept completed forms and forward these forms to the Board as prescribed in this section; and

(E) Regularly promote election-related information on the voter registration agencies' social media platforms, including by providing information about how to register to vote and vote.

(3) Each voter registration agency shall, on its own application, document, or on a separate form, provide to each applicant for service or assistance, recertification or renewal, or change of, the following information:

(A) The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?";

(B) Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (C) of this paragraph, together with the statement (in close proximity to the boxes and in prominent type), "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";

(C) The statement, "If you would like help completing the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may complete the application form in private.";

(D) The statement, "If you believe that someone has interfered with your right to register or decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the chief administrative officer of the Board of Elections and Ethics [Board of Elections]."; the name, title, address, and telephone number of the chief administrative officer shall be included on the form; and

(E) If the voter registration agency provides public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.".

(4) No person who provides a voter registration service at a District of Columbia government agency shall:

(A) Seek to influence an applicant's political preference or party registration;

(B) Display any political preference or party allegiance;

(C) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(D) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(5) Each agency that has been designated a voter registration agency in paragraph (1) of this subsection shall provide to each applicant who does not decline to register the same degree of assistance with regard to the completion of the registration application form as provided by the office with regard to the completion of its own forms, unless the applicant refuses assistance.

(6) No information that relates to a declination to register to vote in connection with an application made at an office described in this subsection may be used for any purpose other than voter registration.

(7) No voter registration agency shall reveal whether a particular individual completed an application to register to vote except when ordered by the officer designated in paragraph (12)(A) of this subsection when a complaint has been filed pursuant to paragraph (11) of this subsection or pursuant to § 11 of the National Voter Registration Act of 1993.

(8) A completed voter registration application or change of address or name accepted at a voter registration agency shall be transmitted by the agency to the Board by not later than 10 days after its acceptance by the agency, except that if a voter registration application is accepted at a voter registration agency office within 5 days before the deadline for voter registration in any election, the application shall be transmitted by the agency to the Board not later than 5 days after the date of acceptance.

(9) An application accepted at a voter registration agency shall be considered to have been received by the Board pursuant to subsection (e) of this section as of the date of acceptance by the voter registration agency.

(10) Notwithstanding any other provision of law, the Board shall ensure that the identity of the voter registration agency through which any particular individual is registered to vote is not disclosed to the public.

(11) An allegation of violation of the National Voter Registration Act of 1993 [ 42 U.S.C. § 1973gg et seq.] or of this subchapter may be made in writing, filed with the chief administrative officer of the Board and detail concisely the alleged violation.

(12)

(A) The Board shall designate its chief administrative officer as the official responsible for the coordination of the District of Columbia's responsibilities under the National Voter Registration Act of 1993 [ 42 U.S.C. § 1973gg et seq.] and as the official responsible for the coordination of this subchapter.

(B) The chief administrative officer designated under subparagraph (A) of this paragraph and the Board shall have the authority:

(i) To request any voter registration agency to submit in writing any reports and to answer any questions as the chief administrative officer or the Board may prescribe that relate to the administration and enforcement of the National Voter Registration Act of 1993 [ 42 U.S.C. § 1973gg et seq.] and of this subchapter; and

(ii) To bring a civil action in the Superior Court of the District of Columbia for declaratory or injunctive relief with respect to the failure of any voter registration agency to comply with the requirements of this subchapter.

(13) The Board may adopt regulations with respect to the coordination and administration of the National Voter Registration Act Conforming Amendment Act of 1994 and the National Voter Registration Act of 1993 [ 42 U.S.C. § 1973gg et seq.].

(14)

(A) Agencies, other than voter registration agencies, may be designated as application distribution agencies. These agencies shall include the District of Columbia Public Library, the Fire and Emergency Medical Services Department, the Metropolitan Police Department, and any other executive agency the Mayor designates in writing.

(B) Each application distribution agency shall request, and the Board shall provide, sufficient quantities of mail-in voter registration applications for distribution to the public.

(C) These mail-in voter registration applications shall be placed in each office or substation of the agency in an accessible location and in clear view so that residents may easily obtain a mail-in voter registration application.

(D) Nothing in this subsection shall be deemed to require or permit employees of a mail-in voter registration application distribution agency to accept completed forms for delivery to the Board or to provide assistance in completing an application.

(15) The Board shall transmit an annual report to the Mayor and Council providing the number of voter registration applications received and the number of voter registration applications approved at each voter registration agency.

(e)

(1) Within 19 calendar days after the receipt of a registration application form from any applicant, an automatic voter registration agency, pursuant to subsection (c)(1) of this section, or a voter registration agency, pursuant to subsection (d) of this section, the Board shall mail a non-forwardable voter registration notification to the applicant advising the applicant of the acceptance or rejection of the registration application by its chief voter registration official.

(2)

(A) If the application is accepted, the notification shall include the applicant's name, address, date of birth, party affiliation (if any), ward, precinct and Advisory Neighborhood Commission single-member district ("SMD") and information on how to vote. The voter registration notification shall state that the applicant shall not vote before the applicant's 18th birthday. The Board may include along with the registration notification any voter education materials it deems appropriate. Registration of the applicant shall be effective on the date the Board determines that the applicant is a qualified elector and eligible to register to vote in the District of Columbia.

(B) For applications received from an automatic voter registration agency pursuant to subsection (c)(1) of this section, the notification, in addition to the information required under subparagraph (A) of this paragraph, shall include information regarding the process to decline voter registration and to change or adopt a political party affiliation, if one was not designated on the application.

(3) If the application is rejected, the notification shall include the reason or reasons for the rejection and shall inform the voter of the voter's right to appeal the rejection pursuant to subsection (f) of this section.

(4) If the voter registration notification is returned to the Board as undeliverable, the Board shall mail the notice provided in subsection (j)(1)(B) of this section.

(5)

(A) Any duly registered voter may file with the Board objections to the registration of any person whom the voter has reason to believe is fictitious, deceased, a disqualified person, or otherwise ineligible to vote (except with respect to a change of residence), or file a request for the addition of any person whose name the voter has reason to believe has been erroneously omitted or cancelled from the voter roll. Application for the correction of the voter roll or the challenge of the right to vote of any person named on the voter roll shall be in writing and include any evidence in support of the challenge that the registrant is not qualified to be a registered voter. The Board shall issue regulations establishing an expedited procedure for its review of a voter registration challenge or an application for correction of the voter roll filed during the period beginning on the 90th day before an election and ending on the 45th day before an election. The Board shall not accept a voter registration challenge or application for correction of the voter roll after the 45th day before an election.

(B) The Board shall send notice to any person whose registration has been challenged along with a copy of any evidence filed in support of the challenge. The notice shall be sent to the address listed on the Board's records. The notice shall state that the registrant must respond to the challenge not later than 30 days from the date of the mailing of the notice or be cancelled from the voter roll.

(C) The Board's chief voter registration official shall make a determination with respect to the challenge within 10 days of receipt of the challenged registrant's response. The determination shall be sent by first class mail to the challenged registrant and the person who filed the challenge. Within 14 days of mailing the notice, any aggrieved party may appeal, in writing, the chief voter registration official's determination to the Board. The Board shall conduct a hearing and issue a decision within 30 days of receipt of the written notice of appeal.

(D) With respect to a request for the addition of a person to the voter roll, if the Board's records do not evidence that the individual named has been erroneously omitted or cancelled, the Board shall send notice to the individual named in the request and to the person who filed the request. The notice shall state that the named individual must file a completed voter registration application in order to become a registered voter in the District.

(6) An individual whose registration has been cancelled under this section shall not be eligible to vote except by re-registration as provided in this section.

(f) In the case where a voter registration application is rejected pursuant to subsection (e) of this section, the Board shall immediately notify the individual of the rejection by first class mail. The individual may request a hearing before the Board on the rejection within 14 days after the notification is mailed. Upon the request for a hearing, the Board shall hold the hearing within 30 days after receipt of the request. At the hearing, the applicant and any interested party, may appear and give testimony on the issue. The Board shall determine the issue within 2 days after 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 Board's decision. The decision of the Court shall be final and not appealable. If any part of the process is pending on the date of any election held under this subchapter, the person whose registration is in question shall be permitted to cast a ballot in such election which is designated "challenged". The ballot shall be counted in the election if the applicant is ultimately deemed to be a qualified registered elector.

(f-1) Repealed.

(g)

(1) Except as provided in paragraph (4) of this subsection, at any time except during the 21-day period preceding any regularly scheduled election, a qualified elector or any individual who will be a qualified elector at the time of the next election may register to vote by completing a voter registration application and submitting it in person at the Board's office, using the digital voter service system required by subsection (b)(2A) of this section, or by mail. A registration or request to activate the elector's registration that is received no later than 4:45 P.M. on the 21st day preceding any election, or such time on that day as the Board's office remains open to receive registrations, shall be accepted.

(2) The Board shall process voter registration applications, voter registration update notifications, and requests to activate registration that are received, whether received postmarked, non-postmarked, or digitally, by the Board by the 21st day preceding any election.

(3) The Board shall process faxed postcard applications from persons eligible to by mail-in ballot in federal elections in the District of Columbia pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1966 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.), which are faxed not later than the 21st day preceding any election.

(4)

(A)

(i) After the 21st day preceding an election, a qualified elector may register to vote by completing a voter registration application or request to activate the qualified elector's registration and submitting it in person at the Board's office.

(ii) The Board may permit a qualified elector to register to vote by requesting to activate the qualified elector's registration using the digital voter service system required by subsection (b)(2A) of this section or by mail after the 21st day preceding an election.

(B) A qualified elector shall not change the qualified elector's party affiliation after the 21st day preceding an election; except, that a qualified elector on the preapproved for registration list who is requesting to activate the qualified elector's registration may select a party affiliation after the 21st day preceding an election; and

(C) A qualified elector may register to vote by requesting to activate the qualified elector's registration through the return of a mail ballot pursuant to section 7 b(d)(4)(E) that is accepted by the Board pursuant to section 5(a)(10A). An otherwise valid mail ballot received from a qualified elector on the preapproved for registration list shall be processed and counted in the same manner as a mail ballot received from a registered voter; except, that any qualified elector on the preapproved for registration list for whom there is no signature on file shall be required to provide the last 4 digits of the qualified elector's social security number on the ballot envelope in addition to a signature. The qualified elector's mail-in ballot shall be counted notwithstanding the absence of a signature on file, and the signature on the ballot envelope shall become the qualified elector's signature on file.

(5) A qualified elector may register during early voting or on election day by appearing in person at any Vote Center and by completing a voter registration application, making an oath in the form prescribed by the Board, and providing proof of residence. An individual may prove residence for purposes of registering by presenting such identification as required under federal law, District law, or Board regulation, including a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, pay check, or other document specified by the Board, that shows the current name and address of the voter. Each individual who successfully registers on Election Day shall cast a regular ballot. A qualified elector shall not change the qualified elector's party affiliation on election day.

(6) The site coordinator shall keep a record of individuals who attempt to register during early voting or on election day and indicate the form of proof of residency provided by the person. The record shall be forwarded to the Board.

(7)

(A) The Board shall maintain a list, including the name and addresses, of all individuals who either:

(i) Attempted to register and vote in the election, but could not provide proof of residence; or

(ii) Successfully registered and voted.

(B) The Board shall make the list available to public inspection upon request.

(8) A qualified elector may register to vote by requesting to activate the qualified elector's registration while appearing in person at a Vote Center pursuant to section 7 b(d)(4)(D). A qualified elector on the preapproved for registration list appearing in person at a Vote Center during voting hours is not required to provide proof of residence to activate the qualified elector's registration. Each qualified elector on the preapproved for registration list who successfully activates their registration at a Vote Center during voting hours shall cast a regular ballot; provided, that any qualified elector on the preapproved for registration list for whom there is no signature on file shall be required to provide either their DMV-issued identification number or the last 4 digits of their social security number in order to activate their registration at a Vote Center. A qualified elector who is requesting to activate the qualified elector's registration by appearing in person at a Vote Center during voting hours may select a party affiliation at a Vote Center during voting hours.

(h)

(1) No later than 45 days preceding any election held under this subchapter, the Board shall cause a District-wide alphabetical list of qualified electors registered to vote in the District to be placed in the main public library and shall cause an alphabetical ward list of qualified registered electors for each ward to be placed in each branch library located within the respective ward. Such lists shall be current as of the 60th day preceding such elections.

(2) The Board shall cause a copy of the list of qualified electors registered to vote as of the date the voter registry closed to be placed in public buildings of the District of Columbia for a period of not less than 14 days preceding each election held under this subchapter as follows:

(A) A District-wide list shall be placed in the main public library; and

(B) A ward list for the ward shall be placed in every branch library located within the respective ward.

(2A) Repealed.

(3) The provisions of this subsection shall not apply when a special election is held to fill a vacancy in an Advisory Neighborhood Commission single-member district.

(4) The provisions of this subsection shall not apply to any election held in calendar year 2020.

(i)

(1) A person shall be entitled to vote in an election in the District of Columbia if the person is a duly registered voter. A qualified elector shall be considered duly registered in the District if the person has met the requirements for voter registration and, at the time of voting, either resides at the address listed on the Board's records or files an election day change of address pursuant to this subsection.

(2) Each registered voter who changes the registered voter's place of residence from that listed on the Board's records shall notify the Board, in writing, of the new residence address. A change of address shall be effective on the date the notification was mailed as shown by the United States Postal Service postmark. If not postmarked, the notification shall be effective on the date of receipt by the Board. Change of address notifications from registrants shall be accepted pursuant to subsection (g) of this section, except that any registrant who has not notified the Board of the registered voter's current residence address by the deadline established by subsection (g) of this section may be permitted to vote by filing an election day change of address notice pursuant to paragraph (4) of this subsection.

(3) Each registered voter who votes at a Vote Center during early voting or on election day shall affirm the registered voter's residence address as it appears on the official registration roll. The act of signing a copy of the official registration roll shall be deemed affirmation of the voter's address as it appears on the Board's registration records.

(4)

(A) A registered voter who has moved within the District but has not notified the Board in writing of the registered voter's current address by the deadline established pursuant to subsection (g) of this section, or who is designated inactive pursuant to subsection (j) of this section, shall, prior to being permitted to vote, file notification of a change of address on a form provided by the Board, that the voter shall provide proof of address change in the form of a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, pay check, or other document specified by the Board that shows the current name and address of the voter either in person on election day or at the Board's office or a voter registration agency following the election.

(B) Repealed.

(C) A registered voter who files a change of address at a Vote Center and provides valid proof of residence pursuant to subparagraph (A) of this paragraph may vote by regular ballot during early voting or on election day.

(5)

(A) As soon as practicable after the election, the Board shall mail each registered voter who filed a change of address at the polls during early voting or on election day a nonforwardable address confirmation notice to the address provided in the written affirmation.

(B) Where the United States Postal Service returns the address confirmation notification as undeliverable or indicating that the registrant does not live at the address provided in the written affirmation, the Board shall notify the Attorney General of the District of Columbia.

(6) Each individual who has not previously voted in a federal election in the District and who registers to vote by mail shall present, either at the time of registration or when voting in person or by mail, a copy of a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, or pay check that shows the name and address of the voter. Individuals who fail to present this identification shall vote by special ballot. This paragraph shall not apply to:

(A) Individuals whose registration application includes a DMV-issued identification number or at least the last 4 digits of the individual's social security number, and matches an existing identification record bearing the same number, name, and date of birth as the application; or

(B) Individuals entitled to vote otherwise than in person under federal law.

(j)

(1) The Board shall develop a systematic program to maintain the voter roll and keep it current. This program shall include the following:

(A) By March 31 of each odd-numbered year, the Board shall confirm the address of each registered voter who did not confirm the registrant's address through the voting process or file a change of address at the polls in the preceding general election by mailing a first class nonforwardable postcard to the address listed on the Board's records.

(B)

(i) If the United States Postal Service returns the notice and provides a new address for the registrant within the District of Columbia, the Board shall change the address on its records and mail to both the old and new addresses of the registrant a forwardable notification that the address has been changed to reflect the information obtained from the United States Postal Service.

(ii) If the United States Postal Service returns the notice and provides a new address outside the District of Columbia, the Board shall mail a forwardable notice to both the old and new address informing the registrant how to register to vote in the new jurisdiction or correct the address information obtained from the United States Postal Service.

(iii) If the United States Postal Service returns the notice to the Board as undeliverable, the Board shall mail to the registrant at the registrant's last known address the notice prescribed in sub-subparagraph (ii) of this subparagraph.

(C) The notices prescribed in subparagraphs (A) and (B) of this paragraph shall include a pre-addressed and postage paid return notification postcard to enable the registrant to correct any address information obtained from the United States Postal Service. In addition, the notices shall include the following information:

"If you did not change your residence, or changed residence but remained in the District, you should return the card not later than the deadline for mail registration for the next federal election (the 21st day before the election). If the card is not returned, affirmation of your address may be required before you are permitted to vote in any election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office that occurs after the date of the notice, and if you do not vote in an election during that period, your name will be removed from the list of eligible voters.".

(D)

(i) The Board may, in addition, utilize information obtained from the United States Postal Service and the National Change of Address System, which identifies registrants who have moved from the addresses listed on the Board's records. In these cases, the Board shall issue the notices prescribed in subparagraph (B) of this paragraph.

(ii) The Board shall process information obtained from the DMV identifying registrants who have updated their name or address from the information listed in the Board's records as provided in subsection (c)(1)(F) of this section.

(iii) The Board shall utilize information obtained from the Department of Health Care Finance (subject to compliance with all applicable federal laws and regulations), and any other agency designated by the Board, identifying registrants who have updated their name or address from the information listed in the Board's records as provided in subsection (c)(1)(F) of this section.

(2)

(A) Upon receipt of the United States Postal Service-returned notices described in paragraph (1)(B)(ii) and (iii) of this subsection, the Board shall designate the registrant's voter registration status as inactive on the voter roll.

(B) Where a registered voter is designated as inactive on the voter roll pursuant to subparagraph (A) of this paragraph and the registrant provides the Board with a current residence address, or votes in any election in accordance with subsection (i) of this section by the date established in subparagraph (C) of this paragraph, the inactive designation shall be removed from the registrant's record.

(C) Where the Board mails the forwardable notice required in paragraph (1)(B) of this subsection, and the registrant fails to respond to the notice and fails to vote during the period beginning on the date the notice was mailed and ending on the day after the second general election for federal office, the registrant's name shall be removed from the voter roll.

(3) As part of its systematic voter roll maintenance program, the Board may, by regulation, develop additional procedures to identify and remove from the voter roll registrants who are deceased and no notification was received from the Vital Records Division of the Department of Health, who have moved from the District and no notification was received from the registrant or the United States Postal Service, or who otherwise no longer meets the qualifications as duly registered voters.

(4) Any systematic program conducted by the Board to identify individuals who do not reside at the address listed on the Board's records shall be completed not less than the 90th day immediately preceding any primary, general, or District-wide special election.

(5) The voter registrations of individuals whose registrations are designated as inactive on the voter roll, pursuant to paragraph (2) of this subsection:

(A) Shall not be utilized in the calculation of the number of signatures required for qualification of candidate, initiative, referendum, and recall petitions;

(B) Shall not be counted as valid in the verification of signatures pursuant to §§ 1-1001.08(o), 1-1001.16(o), and 1-1001.17(k);

(C) Shall not be included where the Board is required:

(i) [Repealed by 2023 Amendment.]

(ii) To calculate or report the number of registered voters for an administrative purpose; or

(iii) For the issuance of information mailings; and

(D) Their names shall not be sold by the Board either in hard copy form or electronic media, except upon specific request of the purchaser and the fact that the registrations are designated as inactive is made known to the purchaser.

(6) The Board may use reliable information obtained from the Department of Corrections or the Federal Bureau of Prisons to update the address information of incarcerated voters.

(k)

(1) The Board shall cancel a voter registration upon receipt of a signed request from the registrant, upon notification of the death of a registrant, upon notification that the registrant has registered to vote in another jur isdiction, or for any other reason specifically authorized in this subchapter.

(2) The Board shall request at least monthly, and the Mayor shall furnish, the name, address, and date of birth, if known, of each District resident 18 years of age and over reported deceased within the District, together with the name and address of each District resident who has been reported deceased by other jurisdictions since the date of the previous report.

(3) The Board shall request at least monthly, and the Superior Court of the District of Columbia shall furnish, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report, and the former and present names and address of each person whose name has been changed by decree or order of the Court since the date of the previous report.

(4) The Board shall request from the United States District Court for the District of Columbia, at least monthly, the name and address of each person incarcerated as a result of a felony conviction since the date of the previous report.

(4A) At least monthly, the Board shall request from the Bureau of Prisons the name, location of incarceration, and contact information for each qualified elector in the Bureau of Prisons' care or custody.

(4B) At least monthly, at the request of the Board, the Department of Corrections shall provide the Board with the name and date of birth of each person transferred from the Department of Corrections to the Bureau of Prisons.

(5) Any individual whose registration has been cancelled shall not be permitted to vote except by re-registration as provided in this section.

(l) Before May 1, 2010, the Board shall submit to the Council a report indicating the feasibility of implementing automatic voter registration in the District.

(m)

(1) The Board, in conjunction with each automatic voter registration agency, shall develop and implement electronic transmission of voter registration information from that automatic voter registration agency.

(2) Upon implementation of electronic transmission of voter registration information required under paragraph (1) of this subsection, the automatic voter registration agency shall transmit any eligible voter registration application to the Board no later than 5 days after the date of the application's acceptance by the automatic voter registration agency.

D.C. Code § 1-1001.07

Amended by D.C. Law 24-342, § 3 , 69 DCR 014609, eff. 4/6/2023.

Amended by D.C. Law 24-265, § 2 , 70 DCR 000198, eff. 2/23/2023.

Amended by D.C. Law 24-242, § 2 , 69 DCR 014601, eff. 2/23/2023.

Amended by D.C. Act 24-76, § II-201 , 68 DCR 004935, eff. 5/3/2021, exp. 8/1/2021.

Amended by D.C. Law 23-277, § 2 , 68 DCR 004795, eff. 4/27/2021.

Amended by D.C. Law 23-192, § 2 , 68 DCR 003407, eff. 3/16/2021.

Amended by D.C. Act 23-422, § 2 , 67 DCR 12827, eff. 10/26/2020.

Amended by D.C. Act 23-405, § VIII-804 , 67 DCR 9400, eff. 8/19/2020.

Amended by D.C. Act 23-382, § 2, eff. 8/13/2020.

Aug. 12, 1955, 69 Stat. 700, ch. 862, § 7; Oct. 4, 1961, 75 Stat. 817, Pub. L. 87-389, § 1 (8, 9, 10, 11); July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Apr. 22, 1968, 82 Stat. 103, Pub. L. 90-292, § 4 (4); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155 (a); Dec. 23, 1971, 85 Stat. 790, Pub. L. 92-220, § 1 (8), (30), (31); Dec. 16, 1975, D.C. Law 1-37, § 2(3)-(5), 22 DCR 3426; Apr. 23, 1977, D.C. Law 1-126, title III, § 301(g)-(i), title IV, § 402, 24 DCR 2372; Aug. 18, 1978, D.C. Law 2-101, § 2, 25 DCR 257; Mar. 16, 1982, D.C. Law 4-88, § 2(e), (n), (p), (q), 29 DCR 458; July 1, 1982, D.C. Law 4-120, § 2(b), 29 DCR 2064; Aug. 2, 1983, D.C. Law 5-17, § 5(c), 30 DCR 3196; Mar. 16, 1988, D.C. Law 7-92, § 3(d)-(g), 35 DCR 716; Aug. 17, 1991, D.C. Law 9-32, § 2, 38 DCR 4220; Mar. 11, 1992, D.C. Law 9-75, § 2(b), 39 DCR 310; Feb. 5, 1994, D.C. Law 10-68, § 7(a), 40 DCR 6311; Sept. 22, 1994, D.C. Law 10-173, § 2(b), 41 DCR 5154; July 25, 1995, D.C. Law 11-30, § 2(b), 42 DCR 1547; Apr. 18, 1996, D.C. Law 11-110, § 5(a), 43 DCR 530; Apr. 12, 2000, D.C. Law 13-91, § 123(b), 47 DCR 520; Apr. 3, 2001, D.C. Law 13-251, § 2(a), 48 DCR 668; Dec. 7, 2004, D.C. Law 15-218, § 2(c), 51 DCR 9132; Apr. 7, 2006, D.C. Law 16-91, § 127(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 48(l), 53 DCR 6794; Oct. 21, 2008, D.C. Law 17-236, § 2, 55 DCR 9019; Feb. 4, 2010, D.C. Law 18-103, §2(e), 56 DCR 9169; May 31, 2012, D.C. Law 19-131, § 2(a), 59 DCR 2389; Feb. 26, 2015, D.C. Law 20-158, § 2(b), 61 DCR 10730; May 2, 2015, D.C. Law 20-273, § 2(b), 62 DCR 1938; Feb. 18, 2017, D.C. Law 21-208, § 2(a), 63 DCR 15285; Oct. 30, 2018, D.C. Law 22-168, § 1052, 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-205, § 2(b), 65 DCR 12361; May 27, 2020, D.C. Act 23-326, § 804(c), 0 DCR 0.

Section 7018 of D.C. Law 21-160 repealed § 5 of D.C. Law 20-273. Therefore the changes made to this section by D.C. Law 20-273 have been given effect.

Section 7010 of D.C. Law 21-160 repealed § 3 of D.C. Law 20-158. Therefore the changes made to this section by D.C. Law 20-158 have been given effect.

Applicability

Section 7021 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-208. Therefore the changes made to this section by D.C. Law 21-208 have been implemented.

Applicability of D.C. Law 21-208: § 5 of D.C. Law 21-208 provided that the except for §2(5),any change made to this section by § 2(a) of D.C. Law 21-208 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 20-158: § 3 of D.C. Law 20-158 provided that the change made to this section by § 2(b) of D.C. Law 20-158 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 20-273: Section 5 of D.C. Law 20-273 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

The Budget Director of the Council of the District of Columbia has determined that as of January 12, 2016, the fiscal effect of D.C. Law 20-158 has not been included in an approved budget and financial plan

The Budget Director of the Council of the District of Columbia has determined that as of January 12, 2016, the fiscal effect of D.C. Law 20-273 was included in an approved budget and financial plan.

This section is set out more than once. See also 1-1001.07, effective until 8/1/2021.

Advisory Neighborhood Commissions, "registered qualified elector" defined, see § 1-309.09 . .