D.C. Act 23-422. General Election Preparations Congressional Review Emergency Amendment Act of 2020.

AN ACT

To amend, on an emergency basis, due to congressional review, the District of Columbia Election Code of 1955 to require the Board of Elections, for the November 3, 2020, General Election, to operate no fewer than 80 polling places, including one for eligible individuals incarcerated in the Central Detention Facility and Correctional Treatment Facility, mail every registered voter an absentee ballot and postage-paid return envelope, publish and mail a paper voter guide, and email registered voters a voter guide and information about the General Election, to require voter registration agencies to promote the Board's plans for the General Election, to remove the requirement that the Board post a list of qualified electors registered to vote in libraries and public buildings, and for other purposes.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "General Election Preparations Congressional Review Emergency Amendment Act of 2020".

Sec. 2. The District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.), is amended as follows:

(a) Section 5(a) (D.C. Official Code § 1-1001.05(a)) is amended as follows:

(1) Paragraph (9) is amended by striking the phrase "polling places" and inserting the phrase "polling places; provided, that for the November 3, 2020, General Election, the Board shall operate no fewer than 80 polling places, including a polling place for individuals incarcerated in the Department of Corrections' custody at the Central Detention Facility and Correctional Treatment Facility, if public health guidance permits" in its place.

(2) A new paragraph (9A-i) is added to read as follows:

"(9A-i) For the November 3, 2020, General Election, mail every registered qualified elector an absentee ballot and a postage-paid return envelope;".

(3) Paragraph (12) is amended to read as follows:

"(12) Take all reasonable steps to inform all residents and voters of elections and means of casting votes therein, including by establishing a system to permit voters to elect to receive a voter guide by electronic means in lieu of by mail, if such a guide is published by the Board; provided, that for the November 3, 2020, General Election, the Board shall:

"(A) Publish and mail a paper voter guide; and

"(B) Email registered voters, for whom the Board maintains email addresses, at least once with an electronic voter guide and lay-friendly instructions, separate from the electronic voter guide, about mail-in voting, early voting, polling place locations, how to check polling place wait times, and how to update their voter registration information;".

(b) Section 7 (D.C. Official Code § 1-1001.07) is amended as follows:

(1) Subsection (d)(2)(E) is amended by striking the phrase "For the June 2, 2020, Primary Election and the June 16, 2020, Ward 2 Special Election" and inserting the phrase "For elections held in calendar year 2020" in its place.

(2) Subsection (h)(4) is amended by striking the phrase "the June 2, 2020, Primary Election and the June 16, 2020, Ward 2 Special Election" and inserting the phrase "any election held in calendar year 2020" in its place.

(c) Section 8(f) (D.C. Official Code § 1-1001.08(f)) is amended as follows:

(1) The existing text is designated as paragraph (1).

(2) The newly designated paragraph (1) is amended by striking the phrase "A political party" and inserting the phrase "Except as provided in paragraph (2) of this subsection, a political party" in its place.

(3) A new subsection (2) is added to read as follows:

"(2) For the November 3, 2020, General Election, a political party which does not qualify under subsection (d) of this section may have the names of its candidates for President and Vice President of the United States printed on the general election ballot provided a petition nominating the appropriate number of candidates for presidential electors signed by at least 250 registered qualified electors of the District of Columbia, as shown by the records of the Board as of the 144th day before the date of the presidential election, is presented to the Board on or before the 90th day before the date of the presidential election.".

(d) Section 9(e) (D.C. Official Code § 1-1001.09(e)) is amended as follows:

(1) Paragraph (2) is amended by striking the phrase "In sufficient time to comply with the requirements of the Uniformed and Overseas Citizens Absentee Voter Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. § 1973ff et seq.), the Board" and inserting the phrase "The Board" in its place.

(2) Paragraph (3) is amended by striking the phrase "not later than 2 days after that election" and inserting the phrase "no earlier than 8 days and no later than 10 days after that election" in its place.

(3) Paragraph (4) is amended by striking the phrase "not later than 2 days after any election" and inserting the phrase "no earlier than 8 days and no later than 10 days after any election" in its place.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a