[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3709 Introduced in House (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).
                                 <all>