II Calendar No. 448 112th CONGRESS 2d Session H. R. 3902 IN THE SENATE OF THE UNITED STATES March 1, 2012 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs July 12, 2012 Reported by Mr. Lieberman, without amendment AN ACT To amend the District of Columbia Home Rule Act to revise the timing of special elections for local office in the District of Columbia.

1.

Short title

This Act may be cited as the District of Columbia Special Election Reform Act.

2.

Timing of special elections for local office in District of Columbia

(a)

Council

(1)

Chair

The first sentence of section 401(b)(3) of the District of Columbia Home Rule Act (sec. 1–204.01(b)(3), D.C. Official Code) is amended to read as follows: 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.. (2)

Members elected from wards

The first sentence of section 401(d)(1) of such Act (sec. 1–204.01(d)(1), D.C. Official Code) is amended to read as follows: 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.. (3)

Members elected at-large

The second sentence of section 401(d)(2) of such Act (sec. 1–204.01(d)(2)) is amended by striking and such special election and all that follows and inserting the following: 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.. (b)

Mayor

The first sentence of section 421(c)(2) of such Act (sec. 1–204.21.(c)(2), D.C. Official Code) is amended to read as follows: 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.. (c)

Attorney General

The first sentence of section 435(b)(1) of such Act (sec. 1–204.35(b)(1), D.C. Official Code) is amended by striking the Board and all that follows and inserting the following: 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..

3.

Effective date

The amendments made by section 2 shall apply with respect to vacancies occurring on or after the enactment of this Act.

July 12, 2012 Reported without amendment