Page:United States Statutes at Large Volume 82.djvu/146

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[82 STAT. 104]
PUBLIC LAW 90-000—MMMM. DD, 1968
[82 STAT. 104]

104 69 Stat. 701; 75 Stat. 818, 819.

Petitions, requirements; filing fee.

Ante, p. 103.

Petitions, posting.

Challenge.

Appeal.

Absentee voting. 75 Stat. 819.

PUBLIC LAW 90-292-APR. 22, 1968

[82 STAT.

(B) by adding the following new subsections at the end thereof: " (h)(1) Except in the case of the three members of the Board of Education elected at large, the members of the Board of Education shall be elected hj the qualified electors of the respective wards of the I^istrict from which the membere have been nominated. "(2) I n the case of the three members of the Board of Education elected at large, each such member shall be elected by the qualified electors of the District. " (i) Each candidate in a general election for member of the Board of Education shall be nominated for such office by a petition (A) filed with the Board not later than forty-five days before the date of such general election; (B) signed by at least two hundred and fifty persons who are duly registered under section 7 in the ward from which the candidate seeks election, or in the case of a candidate running at large, signed by at least one hundred and twenty-five persons in each ward of the District who are duly registered in such ward; and (C) accompanied by a filing fee of $100. Such fee may be refunded only in the event that the candidate withdraws his nomination by writing received by the Board not later than three dajs after the date on which nominations are closed. A nominating petition for a candidate in a general election for member of the Board of Education may not be circulated for signatures before the ninety-ninth day preceding the date of such election and may not be filed with the Board before the seventieth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions and the posting and disposition of filing fees. In a general election for members of the Board of Education, the Board shall arrange the ballots in each ward to enable a voter registered in that ward to vote for any one candidate duly nominated to be elected to such office from such ward, and to vote for as many candidates duly nominated for election at large to such office as there are Board of Education members to be elected at large in such election. " (j)(1) The Board is authorized to accept any nominating petition for a candidate for any office as bona fide with respect to the qualifications of the signatories thereto if the original or facsimile thereof has been posted in a suitable public place for the ten-day period beginning on the forty-second day before the date of the election for such office. Any qualified elector may within such ten-day period challenge the validity of any petition by a written statement duly signed by the (challenger and filed with the Board and specifying concisely the alleged defects in such petition. Copy of such challenge shall be sent by the Board promptly to the person designated for the purpose in the nominating petition. "(2) The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged nominating petition not more than eight days after the challenge has been filed. Within three days after announcement of the determination of the Board with respect to the validity of the nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The court shall expedite consideration of the matter and the decision of such court shall be final and not appealable. " (k) I n any election, the order in which the names of the candidates for office appear on the ballot shall be determined by lot, upon a date or dates and under regulations prescribed by the Board." (6) Section 9 of such Act (D.C. Code, sec. 1-1109) is amended— (A) by striking out "for electors of President and Vice President" in the second sentence of subsection (b); and