| HR 3709 IH
108th CONGRESS
2d Session
H. R. 3709
To restore the Federal electoral rights of the residents of the
District of Columbia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 20, 2004
Mr. ROHRABACHER introduced the following bill; which was referred to
the Committee on House Administration, and in addition to the Committees
on Government Reform, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To restore the Federal electoral rights of the residents of the
District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `District of Columbia Voting Rights
Restoration Act of 2004'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is no reason, either historically or by virtue of law, why
the people of the District of Columbia, the capital of the United States
of America, should not have full voting representation in the Congress of
the United States.
(2) Article I, section 8, clause 17 of the Constitution of the United
States, which authorized the creation of the District of Columbia,
provides only that the Congress shall have `exclusive legislation in all
cases whatsoever' over that District.
(3) The same clause of the Constitution provides that Congress `shall
exercise like authority over' other Federal territories that have been
purchased from the States for Federal purposes. Residents of other Federal
enclaves, though also denied voting rights after becoming subject to
exclusive Federal jurisdiction, have had restored their right to vote for
and serve as elected Federal officials from their respective States which
ceded the Federal enclaves to the United States.
(4) Congress has exercised its authority to regulate Federal elections
under article I, section 4 of the Constitution to set the legal
requirements that States must follow in establishing Congressional
districts. Congress has also exercised this authority to require States to
allow United States citizens who are former residents, and their children
who are United States citizens, who are living overseas to vote in Federal
elections in the previous State of residence, notwithstanding the fact
that such former residents and their children may have no intention of
returning or establishing residence in that State, and notwithstanding the
fact that such citizens are not subject to the laws of that State,
including tax laws.
(5) The entire territory of the current District of Columbia was ceded
to the United States by the State of Maryland, one of the original 13
States of the United States. The portion of the original District of
Columbia ceded to the United States by the Commonwealth of Virginia was
returned to the authority of that state in 1846, and the people who now
reside in that area vote as citizens of the Commonwealth of Virginia.
(6) The Supreme Court of the United States has found that the cession
of legislative authority over the territory that became the District of
Columbia by the States of Maryland and Virginia did not remove that
territory from the United States, and that the people who live in that
territory are entitled to all the rights, guarantees, and immunities of
the Constitution that they formerly enjoyed as citizens of those States.
O'Donoghue v. United States, 289 U.S. 516 (1933); Downes v. Bidwell, 182
U.S. 244 (1901). Among those guarantees are the right to equal protection
of the laws and the right to participate, equally with other Americans, in
a Republican form of government.
(7) Since the people who lived in the territory that now makes up the
District of Columbia once voted in Maryland as citizens of Maryland, and
Congress by adoption of the Organic Act of 1801 severed the political
connection between Maryland and the District of Columbia by statute,
Congress has the power by statute to restore Maryland state citizenship
rights, including Federal electoral rights, that it took away by enacting
the Organic Act of 1801.
SEC. 3. RESTORATION OF RIGHT OF DISTRICT OF COLUMBIA RESIDENTS TO
PARTICIPATE AS MARYLAND RESIDENTS IN CONGRESSIONAL ELECTIONS.
(a) In General- Notwithstanding any other provision of law, for
purposes of representation in the House of Representatives and Senate, the
right of the people of the District of Columbia to be eligible to
participate in elections for the House of Representatives and Senate as
Maryland residents in accordance with the laws of the State of Maryland,
is hereby restored.
(b) Eligibility to Hold Congressional Office- Notwithstanding any other
provision of law, for purposes of determining eligibility to serve as a
Member of the House of Representatives or Senate, the right of the
residents of the District of Columbia to be considered inhabitants of the
State of Maryland is hereby restored.
(c) Effective Date- This section shall apply with respect to elections
for Federal office occurring during 2006 and any succeeding year.
SEC. 4. RESTORATION OF RIGHT OF DISTRICT OF COLUMBIA RESIDENTS TO
PARTICIPATE AS MARYLAND RESIDENTS IN PRESIDENTIAL ELECTIONS.
(a) In General- Notwithstanding any other provision of law, the right
of the people of the District of Columbia to be eligible to participate in
elections for electors of President and Vice President, and to serve as
such electors as Maryland residents in accordance with the laws of the
State of Maryland, is hereby restored.
(b) Eligibility to Serve as Electors- Notwithstanding any other
provision of law, for purposes of determining eligibility to serve as
electors of President and Vice President, the right of the residents of
the District of Columbia to be considered inhabitants of the State of
Maryland is hereby restored.
(c) Termination of Appointment of Separate Electors by District of
Columbia- In accordance with the authority under sections 1 and 2 of the
23rd amendment to the Constitution and the authority under article I,
Section 8, to legislate for the District of Columbia, and notwithstanding
any other provision of law, Congress directs that no electors of President
and Vice President shall be appointed by the District of Columbia and that
no votes from such electors shall be cast or counted in the electoral vote
for President and Vice President.
(d) Conforming Amendment-
(1) In general- Chapter 1 of title 3, United States Code, is amended
by striking section 21.
(2) Clerical amendment- The table of sections for chapter 1 of title
3, United States Code, is amended by striking the item relating to
section 21.
(e) Effective Date- This section and the amendments made by this
section shall apply with respect to Presidential elections beginning with
the 2008 Presidential election.
SEC. 5. COORDINATION OF ELECTION ADMINISTRATION.
(a) Application of Maryland Election Laws-
(1) In general- Federal elections in the District of Columbia shall
be administered and carried out by the State of Maryland, in accordance
with the applicable laws of the State of Maryland.
(2) Treatment of district as unit of local government- For purposes
of the laws of the State of Maryland which apply to Federal elections in
the District of Columbia pursuant to paragraph (1), the District of
Columbia shall be considered to be a unit of local government within the
State of Maryland with responsibility for the administration of Federal
elections.
(b) Conforming Amendments to Help America Vote Act of 2002-
(1) Treatment of district of columbia as part of maryland- Section
901 of the Help America Vote Act of 2002 (42 U.S.C. 15541) is amended--
(A) by striking `the District of Columbia';
(B) by striking `In this Act' and inserting `(a) In General- In
this Act'; and
(C) by adding at the end the following new subsection:
`(b) Special Rule for State of Maryland and District of Columbia-
For purposes of this Act, the following shall apply:
`(1) The voting age population of the State of Maryland shall
be considered to include the voting age population of the District
of Columbia for purposes of sections 101(d)(4) and 252(b).
`(2) The District of Columbia shall be considered a unit of
local government or jurisdiction located within the State of
Maryland.
`(3) An election for Federal office taking place in the
District of Columbia shall be considered to take place in the
State of Maryland.'.
(c) Conforming Amendments to Other Federal Election Laws-
(1) Uniformed and overseas citizens absentee voting act-
(A) In general- Title I of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at
the end the following new section:
`SEC. 108. SPECIAL RULE FOR STATE OF MARYLAND AND DISTRICT OF
COLUMBIA.
`For purposes of this title, the following shall apply:
`(1) An absent uniformed services voter or overseas voter who is
a resident of the District of Columbia shall be considered to be a
resident of the State of Maryland.
`(2) An election for Federal office taking place in the District
of Columbia shall be considered to take place in the State of
Maryland.
`(3) The State of Maryland, and the election officials of the
State of Maryland, shall be responsible for carrying out the
provisions of this title with respect to voters who are residents of
the District of Columbia.'.
(B) Conforming amendment- Section 107(6) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended
by striking `the District of Columbia,'.
(2) National voter registration act of 1973-
(A) In general- The National Voter Registration Act of 1973 (42
U.S.C. 1973gg et seq.) is amended--
(i) by redesignating section 13 as section 14; and
(ii) by adding at the end the following new section:
`SEC. 12. SPECIAL RULE FOR STATE OF MARYLAND AND DISTRICT OF
COLUMBIA.
`For purposes of this Act, the following shall apply:
`(1) The District of Columbia shall be considered a registrar's
jurisdiction within the State of Maryland.
`(2) An election for Federal office taking place in the
District of Columbia shall be considered to take place in the
State of Maryland.
`(3) The State of Maryland, and the election officials of the
State of Maryland, shall be responsible for carrying out this Act
with respect to the District of Columbia, except that--
`(A) section 5 shall apply to motor vehicle driver's license
applications and the motor vehicle authority of the District of
Columbia in the same manner as that section applies to a State,
and the State of Maryland shall provide the District of Columbia
with such forms and other materials as the District of Columbia
may require to carry out that section; and
`(B) the District of Columbia shall designate voter
registration agencies under section 7 in the same manner as a
State, and the State of Maryland shall provide the District of
Columbia with such forms and other materials as the District of
Columbia may require to carry out that section.'.
(B) Conforming amendment- Section 3(4) of such Act (42 U.S.C.
gg-1(4)) is amended by striking `and the District of Columbia'.
(3) Voting accessibility for the elderly and handicapped act-
(A) In general- The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) is amended--
(i) by redesignating section 8 as section 9; and
(ii) by inserting after section 7 the following new section:
`SPECIAL RULE FOR STATE OF MARYLAND AND DISTRICT OF COLUMBIA
`SEC. 8. For purposes of this Act, the following shall apply:
`(1) The District of Columbia shall be considered a political
subdivision of the State of Maryland.
`(2) An election for Federal office taking place in the
District of Columbia shall be considered to take place in the
State of Maryland.
`(3) The State of Maryland shall be responsible for carrying
out this Act with respect to the District of Columbia.'.
(B) Conforming amendment- Section 8(5) of such Act (42 U.S.C.
1973ee-6(5)) is amended by striking `the District of Columbia,'.
(d) Conforming Amendment to Home Rule Act- Section 752 of the District
of Columbia Home Rule Act (sec. 1-207.52, D.C. Official Code) is amended
by striking the period at the end and inserting the following: `, except
to the extent required under section 5 of the District of Columbia Voting
Rights Restoration Act of 2004.'.
(e) Other Conforming Amendment to District of Columbia Election Law-
The District of Columbia Elections Code of 1955 is amended by adding at
the end the following new section:
`SEC. 18. APPLICABILITY OF MARYLAND ELECTION LAW FOR ADMINISTRATION
OF FEDERAL ELECTIONS.
`Notwithstanding any other provision of this Code or other law or
regulation of the District of Columbia--
`(1) any election for Federal office in the District of Columbia
shall be administered and carried out by the State of Maryland, in
accordance with the applicable law of the State of Maryland; and
`(2) no provision of this Code shall apply with respect to any
election for Federal office to the extent that the provision is
inconsistent with the applicable law of the State of Maryland.'.
(f) Effective Date- This section and the amendments made by this
section shall apply with respect to elections for Federal office occurring
during 2006 and any succeeding year.
SEC. 6. TRANSITION PROVISIONS FOR HOUSE OF REPRESENTATIVES.
(a) Number and Apportionment of Maryland Members- For purposes of
determining the number and apportionment of the members of the House of
Representatives from the State of Maryland for the One Hundred Tenth
Congress and each succeeding Congress, the population of the District of
Columbia shall be added to the population of Maryland under the decennial
census.
(b) Temporary Increase in Apportionment-
(1) In general- Effective January 3, 2007, and until the taking
effect of the first reapportionment occurring after the regular
decennial census conducted for 2010--
(A) the membership of the House of Representatives shall be
increased by 2;
(B) the State of Maryland, together with the State identified by
the Clerk of the House of Representatives in the report submitted
under paragraph (2), shall each be entitled to one additional
Representative; and
(C) each such Representative shall be in addition to the membership
of the House of Representatives as now prescribed by law.
(2) Transmittal of revised apportionment information by president and
clerk-
(A) Statement of apportionment by president- Not later than
December 1, 2004, the President shall transmit to Congress a revised
version of the most recent statement of apportionment submitted under
section 22(a) of the Act entitled `An Act to provide for the fifteenth
and subsequent decennial censuses and to provide for apportionment of
Representatives in Congress', approved June 28, 1929 (2 U.S.C. 2a(a)),
to take into account the provisions of this section.
(B) Report by clerk- Not later than 15 calendar days after
receiving the revised version of the statement of apportionment under
subparagraph (A), the Clerk of the House of Representatives, in
accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send
to the executive of the State (other than the State of Maryland)
entitled to one additional Representative pursuant to this section a
certificate of the number of Representatives to which such State is
entitled under section 22 of such Act, and shall submit a report
identifying that State to the Speaker of the House of Representatives.
(3) Increase not counted against total number of members- The
temporary increase in the membership of the House of Representatives
provided under paragraph (1) shall not operate to either increase or
decrease the permanent membership of the House of Representatives as
prescribed in the Act of August 8, 1911 (2 U.S.C. 2), nor shall such
temporary increase affect the basis of reapportionment established by
the Act of June 28, 1929, as amended (2 U.S.C. 2a), for the Eighty
Second Congress and each Congress thereafter.
(c) Prohibiting Division of District of Columbia Into Separate
Congressional Districts-
(1) In general- Notwithstanding subsection (a), in establishing
Congressional districts after the effective date of this section, the
State of Maryland shall ensure that the entire area of the District of
Columbia is included in the same Congressional district (except as
provided in paragraph (2)).
(2) Special rule if population of district equals or exceeds average
population of maryland congressional districts- If the population of the
District of Columbia equals or exceeds the average population of a
Congressional district in the State of Maryland under the decennial
census used for the apportionment of the Members of the House of
Representatives from the State of Maryland, the State of Maryland shall
ensure that at least one Congressional district in the State consists
exclusively of territory within the District of Columbia.
(3) Special rule for initial district- Until the State of Maryland
establishes Congressional districts to take into account the enactment
of this section, the Congressional district of the additional
Representative to which the State is entitled under this section shall
consist exclusively of the area of the District of Columbia.
SEC. 7. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) In General- Sections 202 and 204 of the District of Columbia
Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official
Code) are repealed, and the provisions of law amended or repealed by such
sections are restored or revived as if such sections had not been enacted.
(b) Conforming Amendments to District of Columbia Elections Code of
1955- The District of Columbia Elections Code of 1955 is amended--
(1) in section 1 (sec. 1-1001.01, D.C. Official Code), by striking
`the Delegate to the House of Representatives';
(2) in section 2 (sec. 1-1001.02, D.C. Official Code)--
(A) by striking paragraph (6), and
(B) in paragraph (13), by striking `the Delegate to Congress for
the District of Columbia';
(3) in section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) by striking `Delegate' in the heading, and
(B) by striking `Delegate,' each place it appears in subsections
(h)(1)(A), (i)(1), and (j)(1);
(4) in section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) by striking subparagraph (A) of subsection (a)(3), and
(B) in subsection (d)--
(i) by striking `Delegate,' each place it appears in paragraph
(1), and
(ii) by striking paragraph (2) and redesignating paragraph (3) as
paragraph (2);
(5) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by
striking `Delegate,'; and
(6) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by
striking `except the Delegate to the Congress from the District of
Columbia'.
(c) Effective Date- The amendments made by this section shall apply
with respect to elections occurring during 2006 and any succeeding year.
SEC. 8. REPEAL OF OFFICES OF STATEHOOD REPRESENTATIVE AND SENATOR.
(a) In General- Section 4 of the District of Columbia Statehood
Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official
Code) is amended by striking subsections (d) through (h).
(b) Conforming Amendments-
(1) Statehood commission- Section 6 of such Initiative (sec. 1-125,
D.C. Official Code) is amended--
(A) in subsection (a)--
(i) by striking `27 voting members' and inserting `24 voting
members',
(ii) by adding `and' at the end of paragraph (4); and
(iii) by striking paragraphs (5) and (6) and redesignating
paragraph (7) as paragraph (5); and
(B) in subsection (a-1)(1), by striking subparagraphs (F), (G), and
(H).
(2) Authorization of appropriations- Section 8 of such Initiative
(sec. 1-127, D.C. Official Code) is hereby repealed.
(3) Application of honoraria limitations- Section 4 of D.C. Law 8-135
(sec. 1-131, D.C. Official Code) is hereby repealed.
(4) Application of campaign finance laws- Section 3 of the Statehood
Convention Procedural Amendments Act of 1982 (sec. 1-135, D.C. Official
Code) is hereby repealed.
(5) List of elected officials- Section 2(13) of the District of
Columbia Elections Code of 1955 (sec. 1-1001.02(13), D.C. Official Code)
is amended by striking `United States Senator and Representative,'.
SEC. 9. NONSEVERABILITY OF CERTAIN PROVISIONS.
If any provision of sections 3, 6(a), or 6(b) of this Act, or the
application thereof to any person or circumstance, is held invalid, the
remaining provisions of this Act or any amendment made by this Act shall
be treated as invalid.
SEC. 10. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to permit residents of the District of Columbia to vote in
elections for State or local office in the State of Maryland or to permit
nonresidents of the District of Columbia to vote in elections for local
office in the District of Columbia;
(2) to affect the power of Congress under article I, section 8, clause
17 of the Constitution to exercise exclusive legislative authority over
the District of Columbia; or
(3) to affect the powers of the Government of the District of Columbia
under the District of Columbia Home Rule Act (except as specifically
provided in this Act). |
