[Senate Report 112-186]
[From the U.S. Government Publishing Office]
112th Congress
2d Session SENATE Report
112-186
_______________________________________________________________________
DISTRICT OF COLUMBIA SPECIAL ELECTION REFORM ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 3902
TO AMEND THE DISTRICT OF COLUMBIA HOME RULE ACT TO REVISE THE TIMING OF
SPECIAL ELECTIONS FOR LOCAL OFFICE IN THE DISTRICT OF COLUMBIA
July 16, 2012.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska JERRY MORAN, Kansas
Michael L. Alexander, Staff Director
Beth M. Grossman, Deputy Staff Director and Chief Counsel
Elyse F. Greenwald, Professional Staff Member
Lisa M. Powell, Staff Director, Subcommittee on Oversight of Government
Management,
the Federal Workforce, and the District of Columbia
Benjamin B. Rhodeside, Professional Staff Member, Subcommittee on
Oversight of
Government Management, the Federal Workforce, and the District of
Columbia
Nicholas A. Rossi, Minority Staff Director
Daniel F. Jenkins, Minority Legislative Correspondent
Trina Driessnack Tyrer, Chief Clerk
112th Congress
SENATE
Report
2d Session 112-186
======================================================================
DISTRICT OF COLUMBIA SPECIAL ELECTION REFORM ACT
_______
July 16, 2012.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 3902]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 3902) to amend
the District of Columbia Home Rule Act to revise the timing of
special elections for local office in the District of Columbia,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Bill, as Reported............4
I. Purpose and Summary
H.R. 3902 amends the District of Columbia Code to enable
the District of Columbia Board of Elections to schedule special
elections to fill vacancies in the positions of Chairman of the
Council, Member of the Council, Mayor, and Attorney General on
a date that the Board of Elections concludes will provide the
opportunity for the greatest level of voter participation.
II. Background and Need for the Legislation
The District of Columbia Home Rule Act currently requires
the District of Columbia Board of Elections (the Board) to hold
special elections to fill vacancies that occur in the positions
of Chairman of the Council, Member of Council, Mayor, and
Attorney General on the first Tuesday following the passage of
114 days from the date the vacancy occurs. Current law permits
the Board to schedule special elections on the same day as the
next general election, if that election occurs within 60 days
of the date on which a special election would otherwise be
held.\1\
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\1\See Public Law No. 93-198 Sec. Sec. 401(b)(3), (d)(1) and
(d)(2), 421(c)(2), 435(b)(1); codified at D.C. Code Sec. Sec. 1-
204.01(b)(3), (d)(1) and (d)(2), 1-204.21(c)(2), 1-204.35(b)(1).
---------------------------------------------------------------------------
Unfortunately, these inflexible requirements have deprived
the Board of the ability to hold special elections on dates
that would have been more cost-effective or better promoted
voter participation. For example, just this year, the District
incurred additional expenses of approximately $318,000 because
the city was forced to hold a separate special election on May
15, 2012, to fill a vacated Council Member seat.\2\ The Board
could have avoided these additional costs by holding the
special election a month earlier, at the same time as the
already scheduled April 3, 2012, primary election, but the
current statute did not give the Board that option.
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\2\Delegate Norton (DC). ``District of Columbia Special Election
Reform Act.'' Congressional Record 158:32 (February 29, 2012) p. H1086.
---------------------------------------------------------------------------
Similarly, the Board's lack of authority to modify the date
of a special election to avoid holding it on a cultural or
religious holiday resulted in the Board holding a special
election to fill a vacant at-large Council member seat on April
26, 2011, the eighth and final day of the Jewish holiday of
Passover, which may have posed a conflict for some voters.
H.R. 3902 would give the Board flexibility to schedule
special elections to provide the opportunity for the greatest
level of voter participation by taking into account a number of
factors. By doing so, this bill may allow the Board to schedule
special elections in conjunction with previously scheduled
elections in order reduce costs that would otherwise be spent
holding a separate special election. The bill also potentially
lessens the time in which District residents would be without
local representation by cutting 44 days off the required
waiting period to hold a special election.
III. Legislative History
D.C. Delegate Eleanor Holmes Norton introduced H.R. 3902 in
the House of Representatives on February 6, 2012. This bill is
similar to H.R. 5702, which Delegate Norton introduced on July
1, 2010, in the 111th Congress, and which passed the House, but
was not acted upon in the Senate. H.R. 3902 passed the House
under suspension of the rules on February 29, 2012.
On March 1, 2012, H.R. 3902 was received in the Senate and
referred to the Senate Committee on Homeland Security and
Governmental Affairs, which in turn, referred H.R. 3902 to the
Subcommittee on Oversight of Government Management, the Federal
Workforce, and the District of Columbia on March 12, 2012. The
Subcommittee approved, by a poll, reporting H.R. 3902 to the
full Committee on April 17, 2012. On April 25, 2012, the
Committee considered the measure, which was adopted by voice
vote and ordered reported favorably to the Senate. Members
present for the vote on H.R. 3902 were Senators Lieberman,
Levin, Akaka, Carper, McCaskill, Begich, Collins, Coburn,
Brown, and Johnson.
IV. Section-by-Section Analysis
Section 1. Short title
This section names the bill the ``District of Columbia
Special Election Reform Act.''
Section 2. Timing of special elections for local office in District of
Columbia
This section contains three subsections specifying new
scheduling requirements for special elections. The section
directs the Board to schedule a special election on a Tuesday
occurring between 70 and 174 days after a vacancy occurs, and
to base its choice as to which Tuesday on a totality of the
circumstances, taking into account, among other things,
cultural and religious holidays and the administrability of the
election, with the goal being to provide the greatest level of
voter participation.
As part of the new scheduling requirements, this section
also eliminates the current exemption that allows the Board to
hold a special election on the same day as the next general
election in the District if it occurs within 60 days of the
date on which a special election would otherwise have been
held.
The first subsection amends the District of Columbia Home
Rule Act to require this new scheduling for vacancies for the
Office of the Chairman of the Council of the District of
Columbia, or a Council member elected from a ward or elected
at-large.
The second subsection amends the District of Columbia Home
Rule Act to require the new scheduling for vacancies for the
Office of the Mayor of the District of Columbia.
The third subsection amends the District of Columbia Home
Rule Act to require the new scheduling for the Office of the
Attorney General for the District of Columbia.
Section 3. Effective date
This section dictates that section 2 applies to vacancies
occurring on or after the enactment of this Act.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. The Committee
concurs with the Congressional Budget Office, which states that
H.R. 3902 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The legislation contains no other regulatory impact.
VI. Estimated Cost of Legislation
April 27, 2012.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3902, the District
of Columbia Special Election Reform Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3902--District of Columbia Special Election Reform Act
CBO estimates that enacting H.R. 3902 would have no effect
on the federal budget. The bill would change the period of time
during which the Board of Elections of the District of Columbia
is required by law to hold a special election to fill a vacancy
in the following positions: Chairman of the Council, Council
Member, Mayor, and Attorney General. H.R. 3902 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 3902 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On February 14, 2012, CBO provided a cost estimate for H.R.
3902, as ordered reported by the House Committee on Oversight
and Government Reform on February 7, 2012. The two versions of
the legislation are similar and their costs are identical.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following changes in existing
law made by the bill, as reported, are shown as follows:
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
DISTRICT OF COLUMBIA OFFICIAL CODE
DIVISION I--GOVERNMENT OF DISTRICT
TITLE 1--GOVERNMENT ORGANIZATION
CHAPTER 2--DISTRICT OF COLUMBIA HOME RULE
Subchapter IV--The District Charter
PART A. THE COUNCIL
Subpart 1. Creation of the Council
Sec. 1-204.01. Creation and Membership
(a) * * *
(b) * * *
* * * * * * *
(3) To fill a vacancy in the Office of Chairman, the
Board of Elections shall hold a special election in the
District on the Tuesday occurring at least 70 days and
not more than 174 days after the date on which such
vacancy occurs which the Board of Elections determines,
based on a totality of the circumstances, taking into
account, inter alia, cultural and religious holidays
and the administrability of the election, will provide
the opportunity for the greatest level of voter
participation. [To fill a vacancy in the Office of
Chairman, the Board of Elections shall hold a special
election in the District on the 1st Tuesday occurring
more than 114 days after the date on which such vacancy
occurs, unless the Board of Elections determines that
such vacancy could be more practicably filled in a
special election held on the same day as the next
general election to be held in the District occurring
within 60 days of the date on which a special election
would otherwise have been held under the provisions of
this paragraph.] The person elected Chairman to fill a
vacancy in the Office of Chairman shall take office on
the day in which the Board of Elections certifies his
election, and shall serve as Chairman only for the
remainder of the term during which such vacancy
occurred. When the Office of Chairman becomes vacant,
the Council shall select one of the elected at-large
members of the Council to serve as Chairman and one to
serve as Chairman pro tempore until the election of a
new Chairman.
* * * * * * *
(d)(1) In the event of a vacancy in the Council of a member
elected from a ward, the Board of Elections shall hold a
special election in the District on the Tuesday occurring at
least 70 days and not more than 174 days after the date on
which such vacancy occurs which the Board of Elections
determines, based on a totality of the circumstances, taking
into account, inter alia, cultural and religious holidays and
the administrability of the election, will provide the
opportunity for the greatest level of voter participation. [In
the event of a vacancy in the Council of a member elected from
a ward, the Board of Elections shall hold a special election in
the District such ward to fill such vacancy on the 1st Tuesday
occurring more than 114 days after the date on which such
vacancy occurs, unless the Board of Elections determines, that
such vacancy could be more practicably filled in a special
election held on the same day as the next general election to
be held in the District occurring within 60 days of the date on
which a special election would otherwise have been held under
the provisions of this subsection.] The person elected as a
member to fill a vacancy on the Council shall take office on
the day on which the Board of Elections certifies his election,
and shall serve as a member of the Council only for the
remainder of the term during which such vacancy occurred.
(2) In the event of a vacancy in the Office of Mayor, and if
the Chairman becomes a candidate for the Office of Mayor to
fill such vacancy, the Office of Chairman shall be deemed
vacant as of the date of the filing of his candidacy. In the
event of a vacancy in the Council of a member elected at large,
other than a vacancy in the Office of Chairman, who is
affiliated with a political party, the central committee of
such political party shall appoint a person to fill such
vacancy, until the Board of Elections can hold a special
election to fill such vacancy, and such special election shall
be held on the Tuesday occurring at least 70 days and not more
than 174 days after the date on which such vacancy occurs which
the Board of Elections determines, based on a totality of the
circumstances, taking into account, inter alia, cultural and
religious holidays and the administrability of the election,
will provide the opportunity for the greatest level of voter
participation. [and such special election shall be held on the
1st Tuesday occurring more than 114 days after the date on
which such vacancy occurs unless the Board of Elections
determines that such vacancy could be more practicably filled
in a special election held on the same day as the next general
election to be held in the District occurring within 60 days of
the date on which a special election would otherwise be held
under the provisions of this subsection.] The person appointed
to fill such vacancy shall take office on the date of his
appointment and shall serve as a member of the Council until
the day on which the Board certifies the election of the member
elected to fill such vacancy in either a special election or a
general election. The person elected as a member to fill such a
vacancy on the Council shall take office on the day on which
the Board of Elections certifies his election, and shall serve
as a member of the Council only for the remainder of the term
during which such vacancy occurred. With respect to a vacancy
on the Council of a member elected at large who is not
affiliated with any political party, the Council shall appoint
a similarly non-affiliated person to fill such vacancy until
such vacancy can be filled in a special election in the manner
prescribed in this paragraph. Such person appointed by the
Council shall take office and serve as a member at the same
time and for the same term as a member appointed by a central
committee of a political party.
(3) * * *
PART B. THE MAYOR
Sec. 1-204.21. Election, Qualifications, Vacancy, and Compensation
* * * * * * *
(c) * * *
* * * * * * *
(2) To fill a vacancy in the Office of Mayor, the Board of
Elections shall hold a special election in the District on the
Tuesday occurring at least 70 days and not more than 174 days
after the date on which such vacancy occurs which the Board of
Elections determines, based on a totality of the circumstances,
taking into account, inter alia, cultural and religious
holidays and the administrability of the election, will provide
the opportunity for the greatest level of voter participation.
[To fill a vacancy in the Office of Mayor, the Board of
Elections shall hold a special election in the District on the
1st Tuesday occurring more than 114 days after the date on
which such vacancy occurs, unless the Board of Elections
determines, that such vacancy could be more practicably filled
in a special election held on the same day as the next general
election to be held in the District occurring within 60 days of
the date on which a special election would otherwise have been
held under the provisions of this paragraph.] The person
elected Mayor to fill a vacancy in the Office of Mayor shall
take office on the day on which the Board of Elections
certifies his election, and shall serve as Mayor only for the
remainder of the term during which such vacancy occurred. When
the Office of Mayor becomes vacant the Chairman shall become
Acting Mayor and shall serve from the date such vacancy occurs
until the date on which the Board of Elections certifies the
election of the new Mayor at which time he shall again become
Chairman. While the Chairman is Acting Mayor, the Chairman
shall receive the compensation regularly paid the Mayor, and
shall receive no compensation as Chairman or member of the
Council. While the Chairman is Acting Mayor, the Council shall
select one of the elected at-large members of the Council to
serve as Chairman and one to serve as chairman pro tempore,
until the return of the regularly elected Chairman.
* * * * * * *
PART C-I. ELECTION OF THE ATTORNEY GENERAL
Sec. 1-204.35. Election of the Attorney General
(a) * * *
(b)(1) If a vacancy in the position of Attorney General
occurs as a consequence of resignation, permanent disability,
death, or other reason, the Board of Elections shall hold a
special election in the District on the Tuesday occurring at
least 70 days and not more than 174 days after the date on
which such vacancy occurs which the Board of Elections
determines, based on a totality of the circumstances, taking
into account, inter alia, cultural and religious holidays and
the administrability of the election, will provide the
opportunity for the greatest level of voter participation [the
Board of Elections shall hold a special election in the
District on the 1st Tuesday occurring more than 114 days after
the date on which the vacancy occurs, unless the Board of
Elections determines that the vacancy could be more practicably
filled in a special election held on the same day as the next
general election to be held in the District occurring within 60
days of the date on which a special election would otherwise
have been held under the provisions of this paragraph]. The
person elected Attorney General to fill a vacancy in the Office
of the Attorney General shall take office on the day in which
the Board of Elections certifies his or her election, and shall
serve as Attorney General only for the remainder of the term
during which the vacancy occurred unless reelected.
* * * * * * *