District of Columbia Recount Laws

This information was initially released on October 21, 2010. Note: The website hosting the District of Columbia's Official Code does not allow for us to link to individual statutes or sections. Most of the statutes below can be found in Title 1, “Government Organization,” Chapter 10, “Elections.” The index for and links to this and other statutes cited below can be found at: http://government.westlaw.com/linkedslice/default.asp?SP=DCC-1000. The most up-to-date version of the D.C. Municipal Regulations (or “D.C.M.R.”) is available at http://www.dcregs.org/Search/DCMRSearchByTitle.aspx. The regulations governing elections are contained in Title 3, “Elections and Ethics.”

Voting System Used: 

Mixed paper ballot and DREs with VVPAT For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount and retabulation As of September 2010, Washington D.C. uses a mixture of paper ballots and direct-recording electronic machines (DREs) with a voter-verified paper audit trail (VVPAT). However, the D.C. Municipal Regulations permit the Board of Elections and Ethics to conduct a recount of both ballots and VVPATs by hand if the Board believes that either overvotes, undervotes, or write-in votes may affect the overall outcome. See Section 809, “Discretionary Manual Tabulation”: http://www.dcregs.org/Gateway/RuleHome.aspx?RuleNumber=3-809. That the regulations must specify that Board of Election and Ethics may conduct a recount by hand seems to suggest that retabulation is also used, even though there is no specific statutory guidance instructing the Board to conduct retabulations.

Initiating Mechanism: 

Close vote margin Candidate-initiated Voter-initiated Court-ordered Court-Ordered Recounts: Court-ordered and voter-initiated recounts are not entirely separate processes. For a court to order a recount, a voter must first file for a review of the election results with the DC Court of Appeals. More details can be found below under Voter-Initiated Options. See See the DC Official Code, Section 1-1001.11., "Recount; judicial review of election," Subsection (b). Timing: Recount requests must be made within seven days after the certification of the election results.

Close Vote Margin: 

Less than or equal to 1% Recounts are initiated automatically by a close vote margin for initiatives, referendums, recall measures, and “any election for President and Vice President of the United States, Delegate to the House of Representatives, Mayor, Chairman of the Council, member of the Council, President of the Board of Education, or member of the Board of Education” For all, the margin of victory must be “less than one percent of the total votes cast” either for the office or for the initiative. See the Section 1-1001.11, Subsections (a)(2) and (a)(3). Timing: We found no timing requirements for the recount to begin or be finished in the DC Official Code or the DC Municipal Regulations.

Candidate-Initiated Options: 

Candidate determines how many/which precincts to recount Any candidate may file for a recount with the Board of Elections and Ethics. No restrictions are listed regarding the type of election in which a recount may be requested, or limiting the eligibility of certain offices for a recount. See Section 1-1001.11, Subsection (a)(1). Timing: Recount requests must be made within seven days after the certification of the election results.

Voter-Initiated Options: 

Voters may request recounts for offices Voters may request recounts for initiatives/questions Any voter who voted in an election may file with the DC Court of Appeals to review the election results, whether for an initiative or for a candidate. While technically the request is for a review, as part of the review process, the Court may rule that a recount is necessary and order that the ballots be recounted. See Section 1-1001.11, Subsection (b). Timing: Requests for reviews must be filed within seven days after the certification of the election results.

Cost for Candidate-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator must pay deposit or bond before recount Party responsible for costs depends on outcome of recount Candidates must pay a $50 deposit for each precinct included in the recount. The entire deposit is refunded if the result of the election is changed as a result of the recount. If the result of the election is not changed, the petitioning candidate is liable for the actual cost of the recount, less the deposit already made. See Section 1-1001.11, Subsection (a)(1).

Cost for Voter-Initiated Recounts: 

Payer of costs depends on outcome of recount The voter requesting a review is not required to pay a specific deposit or fee for the recount, though they are liable for court costs. However, the Court can “require the losing party to reimburse the prevailing party for reasonable attorneys' fees and other costs associated with the case.” See Section 1-1001.11, Subsection (b)(5).

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Candidates and proponents and opponents of ballot measures may petition the Board of Elections and Ethics for credentials authorizing poll watchers. Persons or organizations not affiliated with a candidate or ballot measure may petition the Board of Elections and Ethics for credentials authorizing election observers. Both watchers and observers are permitted to observe the count and report alleged discrepancies to the precinct captain during a recount. Neither have the authority to challenge votes. See Rule 3-706, “Poll Watchers and Election Observers,”: http://www.dcregs.org/Gateway/RuleHome.aspx?RuleNumber=3-705. Rule 3-816.3, “Recount Procedures,” clarifies that Rule 3-705 applies to recounts. See: http://www.dcregs.org/Gateway/RuleHome.aspx?RuleNumber=3-816. The D.C. Municipal Regulations specify that only representatives of the Board of Elections and Ethics, poll watchers, police officers, and others designated by the Board may be permitted in the counting place. See Rule 3-708, “Control of Activity at Polling and Counting Places”: http://www.dcregs.org/Gateway/RuleHome.aspx?RuleNumber=3-708. There is no requirement that the recount be conducted publicly.

Rules for Determining Voter Intent: 

No statutory guidance provided While we were unable to locate statutory guidance in the DC Election Code, the DC Municipal Regulations provide rules on voter intent in its instructions on conducting recounts by hand. See Section 809, Subsections 809.4 through 809.10: http://www.dcregs.org/Gateway/RuleHome.aspx?RuleNumber=3-809.

Audit Laws: 

State has audit laws Yes. The District of Columbia recently adopted statutes on post-election audits. Look for updates soon at: http://www.ceimn.org/state-audit-legislation-reference-guide/district_co....

Additional Resources: 
DC Official Code - Title 1 - Chapter 10 - Elections
Searchable DC Code
DC Elections