[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.

           *       *       *       *       *       *       *


                                  
