District of Columbia Board of Elections

Key discussions during the meeting included the adoption of the current agenda and the certification of a vacancy in the Council's at-large member office, leading to a call for a special election. The General Counsel presented two emergency and proposed rulemakings for publication, which the Board approved for immediate effectiveness as emergency rules. The Board determined that the "Prohibiting Force Feeding of Birds Act of 2026" presented a proper subject for initiative. Following a closed session, the Board determined that the "DC Housing Modernization and Accessibility Act of 2026" did not present a proper subject matter for a voter initiative. Furthermore, the Board unanimously approved the referral of an enforcement proceeding concerning Britnee Scott to the D.C. Office of the Attorney General for criminal investigation. The General Counsel also provided an update on seven pending litigation matters, including updates on cases involving non-citizen voting legislation, Initiative Measure No. 83 challenges, and various other legal actions.

The agenda for the Regular Board Meeting includes establishing a quorum, adoption of the agenda, and approval of minutes from the prior February meeting. Key discussion points involve reports from the Executive Director and General Counsel. The General Counsel's report encompasses the adoption of formulations, specifically Initiative Measure No. 86, the Prohibiting the Force-Feeding of Birds Act of 2026, and proper subject hearings for proposed acts concerning housing modernization and living wage. Furthermore, there is a rulemaking initiative to amend various chapters of the DC Municipal Regulations to implement provisions of the Ranked Choice Voting and Open the Primary Elections to Independent Voters Act of 2024 and the Petition Administration Clarification Emergency Amendment Act of 2026. The agenda also lists several enforcement hearings and updates on ongoing litigation matters. The meeting concludes with a Campaign Finance Report review and a public comment session.

The Board meeting included the adoption of the agenda and approval of previous minutes. Key actions involved approving an updated Delegation of Authority, which clarifies responsibilities between the Board and agency officers, replacing a delegation from 2011. The Board also addressed the Proper Subject Matter Determination Hearing for the proposed Initiative Measure, "The DC Equal Homeownership Act," concluding that it did not propose a law and rejecting the measure based on the General Counsel's recommendation. Furthermore, the Board held an enforcement hearing concerning Margo Falls, who unintentionally voted another voter's mail ballot in the 2024 general election, imposing a $100 civil fine. Litigation updates included the status of cases challenging noncitizen voting rights, the Board's subject determination for Initiative Measure No. 83, a claim regarding election worker compensation, an Americans with Disabilities Act claim related to petition circulation, and a Department of Justice action seeking the Board's full voter file. The Office of Campaign Finance report for January 2026 was presented, along with the General Counsel's report detailing referrals, informal hearings, and imposed fines totaling $5,300.

The primary agenda item for this meeting was the certification of a vacancy in the office of Councilmember At-Large of the D.C. Council, following the resignation of Kenyan McDuffie, effective January 5, 2026. The Board proceeded with a roll call vote to certify this vacancy. Following the certification, the Executive Director outlined the timeline for the ensuing special election, including dates for making nominating petitions available and the final filing deadline, noting that the election will coincide with the primary election on June 16, 2026. The meeting concluded after briefly addressing a procedural question regarding public comment.

The Board meeting addressed the adoption of the agenda and minutes from the previous meeting. Key discussions included the delegation of authority between the Board and Agency officers, clarifying nondelegable functions such as certification of election results and rulemaking. The Executive Director's Report detailed engagement regarding ranked choice voting outreach, voter registration statistics, noncitizen registration monitoring, and implementation of the Automatic Voter Registration Act. The General Counsel's report centered on the proper subject determination hearing for the DC Equal Home Ownership Act initiative, which the Board ultimately voted to reject as it did not propose a law but rather a policy statement contingent on future council action. An enforcement hearing resulted in the acceptance of a stipulated agreement with a $100 fine for Ms. Margo Falls for unintentionally casting a mail ballot intended for another voter. The litigation status report covered several ongoing cases, including challenges to noncitizen voting legislation and Initiative 83 formulation, and a new DOJ request for the full voter file. Finally, the Office of Campaign Finance reported on certifying five candidates for the fair elections program during January 2026.