729. RANKED CHOICE VOTING

729 RANKED CHOICE VOTING 729.1 This section applies to all primary, special, and general elections conducted using ranked choice voting (RCV) pursuant to D.C. Official Code § 1-1001.08a. 729.2 For purposes of this section, the terms outlined in D.C. Official Code § 1-1001.08a(a) through (l) and D.C. Official Code § 1-1001.02(38) - (48) shall have the same meanings when used in this chapter. 729.3 Each ballot used in an election conducted using RCV shall permit a voter to rank up to five (5) candidates, or as many candidates as are in the contest if more than two but fewer than five (5), consistent with D.C. Official Code § 1-1001.08a(b). 729.4 Each ballot shall include instructions informing the voter of the matters outlined in D.C. Official Code § 1-1001.08a(c), as approved by the Board following usability testing and ballot certification. 729.5 In each round of tabulation in a contest conducted using RCV, each ballot shall count as one (1) vote for the highest-ranked active candidate on that ballot, unless the ballot is inactive. 729.6 An inactive ballot is a ballot that contains: No ranked active candidate; (b) An overvote at the highest ranking of active candidates; and/or (c) Two or more sequential skipped rankings before its highest-ranked active candidate. 729.7 Once a ballot becomes inactive, it shall remain inactive for the remainder of the tabulation. 729.8 An undervote is a ballot that does not contain any candidates at any ranking in a particular contest. 729.9 An undervote shall not count for any candidate in any round. 729.10 Tabulation shall proceed in rounds, as defined in D.C. Official Code § 1-1001.02(45), and shall proceed sequentially in accordance with the applicable subsection of the statute. 729.11 An overvote occurs when a voter selects more than one candidate at the same ranking, meaning multiple selections appear in the same ranking column. 729.12 An overvote shall: (a) Invalidate the ranking at which it occurs and any subsequent rankings; and (b) Cause the ballot to become inactive and prevent any subsequent rankings from being counted if it occurs at the highest ranking of any active candidate on a ballot. 729.13 A skipped ranking occurs when a voter leaves a ranking unassigned and ranks a candidate at a subsequent ranking. 729.14 A skipped ranking shall not, by itself, invalidate a ballot. 729.15 If a ballot contains two (2) or more sequential skipped rankings before its highest-ranked active candidate, the ballot shall become inactive at the point of the sequential skip, and no subsequent rankings shall be counted. 729.16 A repeated ranking occurs when a voter selects the same candidate at more than one ranking, meaning multiple selections appear in the same candidate’s row. 729.17 In the case of a repeated ranking: The ballot shall count for that candidate only at the candidate’s highest ranking on the ballot; and (b) A candidate’s second (or lower) rankings shall not be considered skipped rankings for purposes of the sequential skipped ranking rule defined in Subsection 729.15 of this section. 729.18 In RCV single-winner contests (governed by D.C. Official Code § 1-1001.08a(d) and (g)): If a candidate receives a majority of votes among active candidates in any round of tabulation, that candidate shall be elected or nominated, and tabulation shall be complete; If no candidate receives a majority of votes among active candidates in a round of tabulation, the active candidate with the fewest votes shall be defeated; and Each vote for the defeated candidate shall be transferred to the next-ranked active candidate on the ballot, if any, and a new round of tabulation shall begin. 729.19 In RCV contests for at-large members of the Council of the District of Columbia (governed by D.C. Official Code § 1-1001.08a(e)): If there are two (2) or fewer active candidates in any round, the candidates shall be elected, and tabulation shall be complete; If there are more than two (2) active candidates in a round, the active candidate with the fewest votes shall be defeated; and Each vote for the defeated candidate shall be transferred to the next-ranked active candidate on the ballot, if any, and a new round of tabulation shall begin. 729.20 In RCV presidential preference primary election contests in which delegates are awarded to multiple candidates on a proportional basis (governed by D.C. Official Code § 1-1001.08a(f)): If the percentage of total votes cast for each active candidate is above the applicable party threshold for receiving delegates, tabulation shall be complete; If one or more active candidates are below the applicable party threshold, the active candidate with the fewest votes shall be defeated; and Each vote for a defeated candidate shall be transferred to the next-ranked active candidate on the ballot, if any, and a new round of tabulation shall begin. 729.21 In RCV presidential preference primary election contests where delegates are awarded to a single candidate on a winner-take-all basis (governed by D.C. Official Code § 1-1001.08a(g)), tabulation shall proceed in accordance with subsection 729.18 of this section. 729.22 In any general election contest for president using RCV where the appointment of presidential electors is governed by D.C. Official Code § 1-1051.01: The certification of the appointment of electors shall be made in accordance with D.C. Official Code § 1-1051.01; and The final determination of the presidential vote count reported and certified to the States that have enacted § 1-1051.01 shall be the votes received in the final round of tabulation by each slate of candidates for the offices of President and Vice President of the United States that received votes in the final round of tabulation. 729.23 If two (2) or more active candidates are tied for the fewest votes and tabulation cannot continue until one candidate is eliminated, the candidate to be defeated shall be determined by lot using an automated procedure established by the Board, in accordance with D.C. Official Code § 1-1001.08a(j). 729.24 If two (2) or more candidates are tied for the greatest number of votes and the tie must be resolved to determine the winner or nominee, the tie shall be resolved pursuant to D.C. Official Code § 1-1001.10(c), except as otherwise provided in D.C. Official Code § 1-1001.08a(l)(3). 729.25 The Board shall maintain round-by-round tabulation records sufficient to permit public understanding of the tabulation process and post-election review. 729.26 For purposes of this section, a “write-in nominee” means an individual whose name is written on the ballot by a voter in a primary, general, or special election and whose eligibility as a candidate in the election has not been determined by the Executive Director or his or her designee. 729.27 For purposes of this section, a “write-in candidate” means an individual who has been nominated by at least one write-in vote and who has perfected his or her candidacy by filing an Affirmation of Write-In Candidacy form with the Board prior to the statutory deadline. 729.28 For the purposes of this section, “write-in rankings” are rankings for either write-in nominees or write-in candidates that have not been disaggregated. 729.29 If multiple individuals whose names are written on the ballot by a voter in a primary, general, or special election are ranked in a contest, only the highest of these rankings shall count, and all other rankings shall be treated as rankings of write-in nominees regardless of whether multiple names were written in by the voter. 729.30 An overvote that includes a write-in nominee shall constitute an overvote for purposes of Subsections 729.11 and 729.12 of this section. 729.31 A write-in nominee shall not be considered a skipped ranking for purposes of the sequential skipped ranking rule defined in Subsection 729.15 of this section. 729.32 If the deadline to file an Affirmation of Write-in Candidacy has passed and there are no write-in candidates in a contest, all write-in rankings shall be eliminated in the first round of tabulation, and the votes associated with those rankings shall be transferred to each ballot's next-ranked active candidate, if any. 729.33 When tabulating a ranked choice voting contest under D.C. Official Code § 1-1001.08a(d) or (g): Rankings for write-in candidates shall be tabulated according to the same rules that apply to qualified ballot access candidates, and write-in nominees shall be eliminated in the first round of tabulation if: there is at least one write-in candidate; the combined first-round write-in total ranks first, second, or third among all candidates; and (3) that total exceeds the first-round total of at least one qualified ballot access candidate. (b) If the deadline to file an Affirmation of Write-in Candidacy has not passed, there are no write-in candidates, and the conditions in paragraphs (a)(2) and (a)(3) of this subsection are satisfied, write-in rankings shall be tabulated according to the same rules that apply to qualified ballot access candidates. If neither paragraph (a) nor (b) of this subsection applies, all write-in rankings shall be eliminated in the first round of tabulation, and the votes associated with those rankings shall be transferred to each ballot's next-ranked active candidate, if any. 729.34 When tabulating a ranked choice voting contest under D.C. Official Code § 1-1001.08a(e): (a) Rankings for write-in candidates shall be tabulated according to the same rules that apply to qualified ballot access candidates, and write-in nominees shall be eliminated in the first round of tabulation if: there is at least one write-in candidate; the combined first-round write-in total ranks first, second, third, or fourth among all candidates; and (3) that total exceeds the first-round total of at least one qualified ballot access candidate. (b) If the deadline to file an Affirmation of Write-in Candidacy has not passed, there are no write-in candidates, and the conditions in paragraphs (a)(2) and (a)(3) of this subsection are satisfied, write-in rankings shall be tabulated according to the same rules that apply to qualified ballot access candidates. (c) If neither paragraph (a) nor (b) of this subsection applies, all write-in rankings shall be eliminated in the first round of tabulation, and the votes associated with those rankings shall be transferred to each ballot's next-ranked active candidate, if any. 729.35 When tabulating a ranked choice voting contest under D.C. Official Code § 1-1001.08a(f): (a) Rankings for write-in candidates shall be tabulated according to the same rules that apply to qualified ballot access candidates, and write-in nominees shall be eliminated in the first round of tabulation if: there is at least one write-in candidate; the combined first-round write-in total either meets or exceeds the party's threshold for receiving delegates; and that total exceeds the first-round total of at least one qualified ballot access candidate. (b) If the deadline to file an Affirmation of Write-in Candidacy has not passed, there are no write-in candidates, and the conditions in paragraphs (a)(2) and (a)(3) of this subsection are satisfied, write-in rankings shall be tabulated according to the same rules that apply to qualified ballot access candidates. (c) If neither paragraph (a) nor (b) of this subsection applies, all write-in nominees shall be eliminated in the first round of tabulation, and the votes associated with those nominees shall be transferred to each ballot's next-ranked active candidate, if any.​ 729.36 Upon completion of tabulation, the Board shall certify the results in accordance with applicable law. 729.37  The Board shall preserve all ballots, cast vote records, tabulation reports, tabulation configuration records, and other election materials used in an RCV contest in accordance with applicable District law. 729.38 Records preserved pursuant to this section shall be sufficient to permit: Reproduction of the round-by-round tabulation conducted pursuant to this section; and Verification of compliance with D.C. Official Code § 1-1001.08a. 729.39 For each RCV contest, the Board shall produce a tabulation report that includes, at a minimum: The vote total credited to each active candidate in each round of tabulation; Identification of the active candidate defeated in each round, if any; The number of votes transferred from the defeated candidate to each remaining active candidate in the subsequent round; The number of ballots that became inactive in each round, including the aggregate number of inactive ballots; and The final round totals upon which certification is based. 729.40 The Board shall make the tabulation report publicly available in a format that permits public understanding of the tabulation process, subject to applicable law governing voter privacy and election security. 729.41  The Board may generate and retain cast vote records for RCV contests to support tabulation, recounts, audits, and post-election review. 729.42 If cast vote records are released publicly, the Board shall apply reasonable safeguards to protect voter anonymity and prevent re-identification, consistent with applicable law. 729.43 If a recount is authorized or required under District law for an RCV contest, the recount shall be conducted using the same tabulation rules outlined in D.C. Official Code § 1-1001.08a and this section. 729.44 A recount conducted pursuant to this section shall: Preserve chain-of-custody requirements for ballots and election materials; Apply the same standards for determining inactive ballots, overvotes, skipped rankings, and undervotes as were applied in the original tabulation; and Produce a revised round-by-round tabulation record reflecting the recount. 729.45 Nothing in this section shall be construed to modify, expand, or limit the recount authority, thresholds, procedures, or finality outlined in Sections 814 – 816 of this title, or to authorize the use of a tabulation method not permitted by statute. 729.46 The Board shall conduct post-election audits required by District law and may conduct additional audits of RCV contests to promote public confidence in election outcomes, provided that such audits are consistent with applicable law. 729.47 Post-election audits of RCV contests shall be conducted in accordance with the audit procedures established by District law. Such audits may include, as appropriate: Comparison of voter-verifiable paper ballots to corresponding cast vote records for a sample of ballots; Verification that the tabulation configuration and software used in the election correspond to the certified voting system; and (c) Verification that the reported round-by-round tabulation is reproducible from preserved election records. 729.48 A post-election audit conducted pursuant to this section shall not alter the statutory tabulation rules or the outcome of an election unless otherwise authorized by law. 729.49  The Board shall maintain documentation and records concerning RCV contests for 22 months after the election in which they are held. SOURCE: Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 729