Public Law 84–376

National committeemen and national committee-women;

Delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States;

Alternates to the officials referred to in clauses (1) and (2) above, where permitted by political party rules; and

Such members and officials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election at large in the District of Columbia.

The term “District” means the District of Columbia.

The term “qualified elector” means a citizen of the United States (A) who does not claim voting residence or right to vote in any State or Territory, and who has resided in the District continuously since the beginning of the one-year period ending on the day of the next election, or, if such period has not begun, resides in the District; (B) who is, or will be on the day of the next election, twenty-one years old; (C) who has never been convicted of a felony in the United States, or if he has been so convicted, has been pardoned; and (D) who is not mentally incompetent as adjudged by a court of competent jurisdiction.

The term “Board” means the Board of Elections for the District of Columbia provided for by section 3.

No person shall be a member of the Board unless lie qualifies as an elector and resides in the District. No person may be appointed to the Board unless he has resided in the District continuously since the beginning of the three-year period ending on the day he is appointed. Members of the Board shall hold no other paid office or employment in the District government and shall hold no active office, position or employment in the Federal Government. Not more than two members shall be members of the same political party.

Each member of the Board shall be paid compensation of $25 per day while performing duties under this Act. Except as provided in subsection (a) no person shall be ineligible to serve or to receive compensation as a member of the Board because he occupies another office or position or because he receives compensation (including retirement compensation) from another source. The right to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of the Board, or as an employee of the Board.

The Board shall—

The Board, and persons authorized by it, may administer oaths to persons executing affidavits pursuant to sections 7 and 8. It may provide for the administering of such other oaths as it considers appropriate to require in the performance of its functions.

The Board may prescribe such regulations as it considers necessary to carry out the purposes of this Act.

The Board may employ necessary personnel, at such rates of compensation as may be fixed by the Commissioners of the District of Columbia, without reference to the provisions of the Classification Act of 1949, as amended.

In the performance of its duties, the Board shall not be subject to the direction of any nonjudicial officer of the District.

The District government shall furnish to the Board, upon request of the Board, such space and facilities as are available in public buildings in the District to be used as registration or polling places, and such records, information, services, personnel, offices, and equipment, and such other assistance and facilities, as may be necessary to enable the Board properly to perform its functions. Subject to the approval of the Commissioners of the District of Columbia, privately owned space, facilities and equipment may be rented for the registration, polling, and other functions of the Board.

No person shall vote in any election in the District unless he is a qualified elector and, except as provided in subsection (e), is registered in the District.

No person shall be registered unless—

In administering the provisions of subsection (b) (3), the

Registration affidavit form.

Board shall prepare and use a registration affidavit form in which each request for information is readily understandable and can be satisfied by a concise answer or mark. The Board may request additional information required to determine whether the registrant meets the requirements imposed by or referred to in subsection (b).

The registry shall be kept open except during the fifteen-day period ending on the first Tuesday in May of each presidential election year, and except as provided by the Board in the case of a special election. While the registry is open, any person may apply for registration or change his registration.

If a person is not permitted to register, such person, or any qualified candidate, may appeal to the Board, but not later than three days after the registry is closed for the next election. The Board shall decide within five days after the appeal is perfected whether the challenged elector is entitled to register. If the appeal is denied, the appellant may, within three days after such denial, appeal to the municipal court for the District of Columbia. The decision of such court snail be final and not appealable. If the appeal is upheld by either the Board or the court, the challenged elector shall be allowed to register immediately. If the appeal is pending on election day, the challenged elector may cast a ballot marked “challenged”, as provided in section 9 (d).

Candidates for office participating in an election held pursuant to this Act shall be the persons registered under section 7 who have been nominated for such office by a petition—

The Board shall arrange the ballot of each political party so as to enable the voters of such party—

Voting in all elections shall be secret. Voting may be by paper ballot or voting machine.

The ballot of a person who is registered as a resident of the District shall be valid only if cast in the voting precinct where the residence shown on his registration is located.

Each qualified candidate may have a watcher at each polling place, provided the watcher presents proper credentials signed by the candidate. No one shall interfere with the opportunity of a watcher to observe the conduct of the election at that polling place and the counting of votes. Watchers may challenge prospective voters who are believed to be unqualified to vote.

If the official in charge of the polling place, after hearing both parties to any such challenge or acting on his own initiative with respect to a prospective voter, reasonably believes the prospective voter is unqualified to vote, he shall allow the voter to cast a paper ballot marked “challenged”. Ballots so cast shall be segregated, and no such ballot shall be counted until the challenge has been removed as provided in subsection (e).

If a person has been permitted to vote only by challenged ballot, such person, or any qualified candidate, may appeal to the Board within three days after election day. The Board shall decide within seven days after the appeal is perfected whether the voter was qualified to vote. If the appeal is denied, the appellant may within three days of such denial appeal to the municipal court of the District of Columbia. The decision of such court shall be final and not appealable. If the Board decides that the voter was qualified to vote, the word “challenged” shall be stricken from the voter’s ballot and the ballot shall be treated as if it had not been challenged.

If the official in charge of the polling place is satisfied that a qualified elector is unable to record his vote by marking the ballot or operating the voting machine, two officials of the polling place shall on the request of the vote’ enter the voting booth and vote as directed. The officials shall tell no one how the voter voted. The official in charge of the voting place shall make a return of all such voters, giving their names and disabilities.

No person shall vote more than once in any election nor in an election held by a political party other than that to which he has declared himself to be a member.

Copies of the regulations of the Board with respect to voting shall be made available to prospective voters at each polling place.

The elections of the officials referred to in clauses (1), (2), and (3) of the first section and of officials designated pursuant to clause (4) of such section shall be held on the first. Tuesday in May of each presidential election year. Any such election shall be conducted by the Board in conformity with the provisions of this Act. Polls shall be open from 8 o’clock antemeridian to 8 o’clock postmeridian on election days.

Candidates receiving the highest number of votes in said election shall be declared the winners.

In the case of a tie, the candidates receiving the tie vote shall cast lots before the Board, at 12 o’clock noon on a date to be set by the Board, but not sooner than ten days following the election, and the one to whom the lot shall fall shall be declared the winner. If any candidate or candidates, receiving a tie vote, fail to appear before 12 o’clock noon on said day, the Board shall cast, lots for him or them. For the purpose of casting lots any candidate may appear in person, or by proxy appointed in writing.

In the event that any official elected pursuant to this Act dies

Death of elected official.

during his or her term of office leaving no person elected pursuant to this Act to serve the remainder of the unexpired term of office, the successor or successors to serve the remainder of such term shall be chosen pursuant to the rules of the duly authorized local committee.

If, within seven days after the Board certifies the results of an election, any qualified candidate at such election petitions the Board to have the votes cast at such election recounted in one or more voting precincts, the Board shall order such recount. In each such case, the petitioner shall deposit a fee of $20 for each precinct petitioned to be recounted. If the cost, of the recount is less than $20 per precinct, the difference shall be refunded. If the result of the election is changed as a result of the recount, the entire amount deposited by the petitioner shall be refunded. Such recounts shall be conducted in the manner prescribed by the Board by regulation.

Within seven days after the Board certifies the results of an election, any person who voted in the election may petition the United States District Court for the District of Columbia to review such election. In response to such a petition, the court may set aside the results so certified and declare the true results of the election, or void the election in whole or in part. To determine the true results of an election the court may order a recount or take other appropriate action, whether or not a recount has been conducted or requested pursuant to subsection (a). The court shall void an election only for fraud, mistake, the making of expenditures by a candidate in violation of this Act, or other defect, serious enough to vitiate the election as a fair expression of the will of the registered qualified electors voting therein. If the court voids an election it may order a special election, which shall be conducted in such manner (comparable to that prescribed for regular elections), and at such time, as the Board shall prescribe. The decision of such court shall be final and not appealable.

There are hereby authorized to be appropriated, out of

Appropriation.

any money in the Treasury to the credit of the District of Columbia not otherwise appropriated, such amounts as may be necessary to carry out the purposes of this Act.

Subject to the penalties provided in this Act. a candidate for national committeeman, national committeewoman, delegate, or alternate, in his campaign for election, shall not make expenditures hi excess of $2,500.

No independent committee or party committee shall receive contributions aggregating more than $100,000, or make expenditures aggregating more than $100,000 for any campaign covered by this Act.

No person shall, directly or indirectly, make contribution in an aggregate amount in excess of $5,000 in connection with any campaign forelection of any national committeeman, national committee woman, delegate, or alternate.

Every candidate and independent committee or party committee shall, within ten days after the election, file with the Board of Elections an itemized statement, subscribed and sworn to, by the candidate or committee treasurer, as the case may be, setting forth all moneys received and expended in connection with said election, the names of persons from whom received and to whom paid, and the purpose for which it was expended. Such statement shall set forth any unpaid debts and obligations incurred by the candidate or independent committee or party committee with regard to such election, and specify the balance, if any, of such election funds remaining in his or their hands.