[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 492 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 492
To restore the Federal electoral rights of the residents of the
District of Columbia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2007
Mr. Rohrabacher introduced the following bill; which was referred to
the Committee on House Administration, and in addition to the
Committees on Oversight and Government Reform and 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 2007''.
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 2008 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.
SEC. 5. COMPOSITION OF 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 Eleventh
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) Increase in Membership of House of Representatives.--
(1) Permanent increase in number of members.--Effective
with respect to the One Hundred Eleventh Congress and each
succeeding Congress, the House of Representatives shall be
composed of 437 Members.
(2) Reapportionment of members resulting from increase.--
(A) In general.--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)), is amended by striking ``the then
existing number of Representatives'' and inserting
``the number of Representatives established with
respect to the One Hundred Eleventh Congress''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply with respect to the
regular decennial census conducted for 2010 and each
subsequent regular decennial census.
(c) Revision of Apportionment Prior to Next Census.--
(1) Transmittal of revised apportionment information by
president and clerk.--
(A) Statement of apportionment by president.--Not
later than 30 days after the date of the enactment of
this Act, 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 this section and the amendments made by 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.
(2) Composition of congressional districts for affected
state.--Until the taking effect of the first reapportionment
occurring after the regular decennial census conducted for
2010, the Congressional districts of the State identified by
the Clerk of the House of Representatives in the report
submitted under paragraph (1) shall be those districts
established under a law enacted by the State during 2006
(without regard to any amendments made to such law after 2006)
which established Congressional districts for the State but
which did not take effect because the number of districts
provided under the law was greater than the number of districts
to which the State was finally entitled after the regular
decennial census for 2000.
(d) 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. 6. 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 2007.''.
(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 2008 and any succeeding year.
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 2008 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, 5(a), or 5(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).
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