On December 9, an attorney for the Center for Competitive Democracy wrote a letter to the District of Columbia Board of Elections, and asked that the Board tally the votes for the declared write-in candidates. The most prominent such candidates are Bob Barr and Chuck Baldwin.

The letter points out that in 1974, the D.C. Court of Appeals not only ordered the Board to print write-in space on the November ballot for president, but also said such write-ins should be tallied, for those write-in presidential candidates who file a slate of presidential elector candidates in advance of the election. Barr and Baldwin did so, but the Board still says it need not count such write-ins. The Board has never addressed the 1974 precedent, which is Kamins v D.C. Board of Elections, 324 A 2d 187.