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to section 3709 of the Revised Statutes (41 U.S.C. 5), the civil service and classification laws, or section 3109 of title 5, United States Code, the Commission may employ, by contract or otherwise, the temporary or intermittent (not in excess of one year) services of city planners, architects, engineers, appraisers, and other experts or organizations thereof, as may be necessary to carry out its functions, and in any such case the rates of compensation shall be fixed by the Commission so as not to exceed the rate for similar services."

SEC. 505. (a) Any reference to the "Commissioner of the District of Columbia" in sections 6, 7, and 12 of the National Capital Planning Act of 1952 (D.C. Code, secs. 1-1006, 1-1007, and 1-1012) shall, upon the effective date of this title, be considered a reference to the "Board of Commissioners of the District of Columbia".

(b) The joint board authorized and created by section 6(e) of the District of Columbia Traffic Act, 1925 (D.C. Code, sec. 40-603 (e)), together with its functions, is abolished. Any reference in sectiotn 6 of the National Capital Planning Act of 1952 (D.C. Code, sec. 1-1006) to the "Joint Board" shall, upon the effective date of this title, be considered a reference to the "Board of Commissioners of the District."

SEC. 506. The first sentence of the first section of the Act of March 1, 1920 (D.C. Code, sec. 5-412), is amended to read as follows: "To protect the public health, secure the public safety, and to protect property in the District of Columbia there is hereby created a Zoning Commission, which shall consist of the Commissioners of the District of Columbia (or persons designated by, responsible to, and removable by them), the Director of the National Park Service, and the Architect of the Capitol. The Zoning Commission shall have all the powers and perform all the duties hereafter specified and the members of the Zoning Commission, if holding no other salaried position within the District or Federal Governments, shall be paid a per diem in lieu of subsistence and may be reimbursed for any expenses legitimately incurred in the performance of their duties." SEC. 507. The Board of Zoning Adjustment and the Zoning Advisory Council are abolished and their functions transferred to the Board of Commissioners of the District for exercise in such manner and by such person or persons as it may direct.

SEC. 508. Section 8 of the Act of March 4, 1913 (D.C. Code, sec. 43-201), is amended to read as follows:

"SEC. 8. The Public Service Commission of the District of Columbia shall be composed of three commissioners who shall be appointed and may be removed by the Board of Commissioners of the District of Columbia. Each commissioner shall receive a salary of $20,000 per annum. The members of the commission, except the Engineer Commissioner, serving as such on the date immediately prior to the effective date of title V of the District of Columbia Reorganization Act shall continue to serve out their unexpired terms, and appointments authorized under this section (as amended by such title) shall only be made to fill vacancies as they occur and such new appointments shall be for terms of three years. In the case of the Engineer Commissioner, the Board of Commisisoners of the District shall, upon the effective date of title V of the District of Columbia Reorganization Act, appoint a member to the position left by the vacancy of the Engineer Commissioner and such appointment shall be for a term of three years. Any member of the commission appointed under this section (as amended by such title) shall, upon expiration of his term, continue as a member until the appointment and qualification of his successor. Any person appointed to fill a vacancy, except in the case of the vacancy of the Engineer Commissioner, shall be appointed only for the unexpired term of the member whom he shall succeed. The Board of Commissioners of the District of Columbia shall select one of the members of the commission to act as chairman to serve as such at the discretion of the Board of Commissioners. No commissioner shall, during his term of office, be engaged in any other employment. The Public Service Commission shall be furnished suitable offices and quarters by the Board of Commissioners. The commissioners of the Public Service Commission shall have been, at the time of their appointments, actual residents of the District of Columbia for three years next preceding their appointment and, during that period, claimed residence nowhere else. No person shall be eligible for appointment as a commissioner of the Public Service Commission who is, or who shall have been during a period of five years next preceding his appointment, directly or indirectly interested in any public utility operating, owning, or having an interest in property in the District of Columbia; or in any stock, land, mortgage, security, or contract of

any such public utility. If any such commissioner shall voluntarily become so interested, his office shall immediately become vacant; and if any such commissioner shall become so interested otherwise than voluntarily he shall, within a reasonable time, divest himself of such interest, and if he fails to do so his office shall become vacant. Each commissioner, before entering upon the discharge of his duties, shall take an oath or affirmation to support the Constitution of the United States, and to faithfully discharge the duties imposed upon him by law. Each commissioner and each officer and employee of the commission shall, before entering upon the discharge of their duties, submit a sworn affidavit to the commission that he is not pecuniarily interested, directly or indirectly, in any public untility in the District of Columbia."

SEC. 509. With respect to personnel, property, records, and unexpended balances of appropriations, allocations and other funds, available or to be made available, relating to functions transferred by provisions of this Act, the Board of Commissioners of the District may from time to time effect such transfers between agencies of the Corporation (including transfers between the Board of Commissioners and any other agency of the corporation) as he may deem necessary in order to carry out the provisions of this Act.

SEC. 510. Notwithstanding the provisions of sections 501 through 508 of this title, the agencies referred to therein shall, for a period of one hundred and eighty days from the effective date of this Act, unless within such period the Board of Commissioners shall otherwise direct, continue to exercise the functions imposed upon them by laws in effect on the effective date of this Act.

TITLE VI-DISTRICT BUDGET

SEC. 601. Functions with respect to requests for regular, supplemental, or deficiency appropriations for the District of Columbia (made in pursuance of section 214 of the Budget and Accounting Act, 1921 (31 U.S.C. 22)) or in pursuance of any other provision of law shall be the responsibility of the Board of Commissioners, except that the Board of Commissioners may delegate such of their responsibilities under this section to the Managing Director as they so determine.

TITLE VII-ELECTIONS IN THE DISTRICT

SEC. 701. The Act entitled "An Act to regulate the election of delegates representing the District of Columbia to national political conventions, and for other purposes", approved August 12, 1955 (D.C. Code, sec. 1-1101 et seq.) is amended as follows:

(1) The first section of the Act (D.C. Code, sec. 1-1101) is amended by inserting immediately after "Vice President of the United States" the following ", a Commissioner of the District of Columbia, a Delegate to the House of Representatives, and the members of the District of Columbia School Board,".

(2) Section 2 of the Act (D.C. Code, sec. 1-1102) is amended by adding the following new paragraphs at the end thereof:

"(4) The term 'Commissioner' means a Commissioner of the District of Columbia, elected pursuant to the provisions of title II of the District of Columbia Reorganization Act.

“(5) The term 'Delegate' means a Delegate to the House of Representatives from the District of Columbia, elected pursuant to the provisions of title IX of the District of Columbia Reorganization Act.

"(6) The term 'School Board' means the District of Columbia School Board, established pursuant to the provisions of title VIII of the District of Columbia Reorganization Act."

(3) The first sentence of section 4(b) of the Act (D.C. Code, sec. 1-1104(b)) is amended to read as follows: "Each member of the Board of Elections shall be paid in periodic installments compensation at the rate of $1,500 per annum." (4) Paragraph (4) of section 5(a) of the Act (D.C. Code, sec. 1–1105(a) (4)) is amended to read as follows:

"(4) divide the District into fifteen compact and contiguous wards of approximately equal population, and establish voting precincts therein, each such voting precinct to contain at least three hundred and fifty registered voters, and reapportion the wards according to population after each decennial census;".

(5) Section 7 of the Act (D.C. Code, sec. 1-1107) is amended by inserting after subsection (e) the following new subsection:

"(f) A person shall be entitled to vote in any election of a member of the School Board if he meets the requirements of subsection (a) of the section, and if in addition he files an affidavit that he resides in the ward in which he wishes to vote. Such affidavit must be filed with the Board of Elections not less than seven days before such election. A person who moves his residence from one ward to another shall be entitled to vote in the ward to which he moved seven days after filing with the Board of Elections an affidavit of change of residence, but shall not be entitled to vote in the ward from which he moved more than one month after quiting his former residence or more than seven days after he files an affidavit of change of residence, whichever is sooner. Absentees may vote in the wards in which they last resided."

(6) Section 7(e) of the Act (D.C. Code, sec. 1-1107 (e)) is amended by striking out "Municipal Court for the District of Columbia" and inserting "District of Columbia Court of General Sessions".

(7) Section 8 of such Act (D.C. Code, sec. 1-1108) is amended by adding the following new subsections:

"(h) The Commissioner and the Delegate shall be elected by the qualified electors of the District of Columbia in a general election. The members of the School Board shall be elected by the qualified electors of the respective wards of the District of Columbia from which they have been nominated. The nomination and election of a Commissioner, a Delegate, and a member of the School Board, and candidates for such offices, shall be governed by the provisions of this Act. Each candidate for Commissioner or Delegate in such general election shall, except as otherwise provided in section 10(d) of this Act, have been elected as such a candidate by the next preceding primary or party runoff election.

"(i) Each candidate in a primary election for Commissioner or Delegate shall be nominated for such office by a petition (1) filed with the Board of Elections not later than fifty-five days before the date of such primary election; (2) signed by no less than five hundred persons who are duly registered under section 7 and who are of the same political party as the nominee; and (3) accompanied by a filing fee of $200. Such a fee may be refunded only in the event that the candidate withdraws his nomination by writing received by the Board of Elections not later than three days after the date on which nominations are closed. The Board of Elections may prescribe rules with respect to the preparation and presentation of nominating petitions and the posting and disposition of filing fees. The Board of Elections shall arrange the ballot of each political party in each primary election so as to enable a voter of such party to vote for any one duly nominated candidate of that party for Commissioner or Delegate.

"(j) Each candidate in a general election for member of the School Board shall be nominated for such office by a petition (1) filed with the Board of Elections not later than thirty days before the date of such general election; (2) signed by no less than two hundred and fifty persons who are duly registered under section 7 in the ward from which the candidate seeks election; and (3) accompanied by a filing fee of $100. Such fee may be refunded only in the event that the candidate withdraws his nomination by writing received by the Board of Elections not later than three days after the date on which nominations are closed. The Board of Elections may prescribe rules with respect to the preparation and presentation of nominating petitions and the posting and disposition of filing fees. The Board of Elections shall arrange the ballot so as to enable a voter to vote for any one duly nominated candidate for the School Board.

"(k) In each general election for the office of Commissioner and Delegate, the Board of Elections shall arrange the ballots so as to enable a voter to vote for any one candidate for Commissioner and any one candidate for Delegate who have been duly elected by any political party in the next preceding primary or party runoff election for such offices, or who have been duly nominated to fill any vacancy in such offices pursuant to subsection (d) of section 10 of this Art. "(1) (1) The Board of Elections is authorized to accept any nominating petition as bona fide with respect to the qualifications of the signatories thereto if the original or facsimile thereof has been posted in a suitable public place for at least ten days. Any qualified elector may within such ten-day period challenge the validity of any petition by a written statement duly signed by the challenger and filed with the Board of Elections and specifying concisely the alleged defects In such petition. Copy of such challenge shall be sent by the Board of Elections promptly to the person designated for the purpose in the nominating petition. "(2) The Board of Elections shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged

nominating petition not less than eight days after the challenge has been filed. Within three days after announcement of the determination of the Board of Elections with respect to the validity of the nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.

"(m) In any election, the order in which the names of the candidates for office appear on the ballot shall be determined by lot, upon a date or dates and under regulations prescribed by the Board of Elections."

"(n) Except in the case of candidates for election to the School Board, ballots and voting machines may show party affiliations."

(8) Section 9 of the Act (D.C. Code, sec. 1-1109) is amended

(A) by striking out "The vote" in the first sentence of subsection (b) and inserting "Except as otherwise provided by regulation of the Board of Elections, the vote", and by striking out "for electors of President and Vice President" in the second sentence of such subsection;

(B) by amending subsection (c) to read as follows:

"(c) Any group of qualified electors interested in the outcome of an election may, not less than two weeks prior to such election, petition the Board of Elections for credentials authorizing watchers at one or more polling places at the next election during voting hours and until the count has been completed. The Board of Elections shall formulate rules and regulations not inconsistent with this Act to prescribe the form of watchers' credentials, to govern the conduct of such watchers, and to limit the number of watchers so that the conduct of the election will not be unreasonably obstructed. Subject to such rules and regulations watchers may challenge prospective voters whom they believe to be unqualified to vote."; and

(C) by striking out "Municipal Court for the District of Columbia" in subsection (e) and inserting "District of Columbia Court of General Sessions". (9) Section 10 of the Act (D.C. Code, section 1-1110) is amended

(A) by stiking out the second and third sentences of paragraph (1) of subsection (a) and the second sentence of paragraph (2) of such subsection; (B) by adding at the end of subsection (a) the following new paragraphs "(3) Except as otherwise provided in the case of special elections, a general election for members of the School Board shall be held on the Tuesday next after the first Monday in the month of November which is an even-numbered calendar year and which begins more than ninety days after the date of the enactment of this paragraph and on the Tuesday next after the first Monday in November of each even-numbered calendar year thereafter.

"(4) Except as otherwise provided in the case of special elections, a primary election for the selection of candidates for the office of Delegate shall be held on the first Tuesday in the month of May which is in an even-numbered calendar year and which begins more than ninety days after the date of the enactment of this paragraph and on the first Tuesday in May of each even-numbered calendar year thereafter. A general election for the election of such Delegate shall be held on the Tuesday next after the first Monday in November following the date of the first primary election specified in the preceding sentence and on the Tuesday next after the first Monday in November of each even-numbered calendar year thereafter.

"(5) Except as otherwise provided in the case of special elections, a primary election for the selection of candidates for the office of Commissioner shall be held on the first Tuesday in the month of May which begins more than ninety days after the date of the enactment of this paragraph and on the first Tuesday in May of every third year thereafter. A general election for the election of such Commissioner shall be held on the Tuesday next after the first Monday in the first month of November following the date of the first primary election specified in the preceding sentence and on the Tuesday next after the first Monday in November of every third year thereafter.

“(6) Party runoff elections shall be held whenever, in any primary election of a political party for candidates for the office of Commissioner or Delegate, no one candidate has received as much as 40 per centum of the total votes cast in that election for all such candidates of that party. Each such party runoff election shall be held not less than three weeks nor more than six weeks after the date on which the Board of Elections has determined the results of such prior primary election. At the time of announcing such determination the Board

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of Elections shall establish and announce the date on which such party runoff election will be held. The candidates in any such party runoff election shall be the two persons who had received respectively the highest number of votes and the second highest number of votes in such prior primary election. If any person withdraws his candidacy from such party runoff election (under rules and within time limits prescribed by the Board of Elections), the person who received the next highest number of votes in such prior primary election and who is not already a candidate in the party runoff election shall automatically become such a candidate.

"(7) With respect to special elections required or authorized by the Act, the Board of Elections shall have the power to establish dates on which such special elections are to be held, and to prescribe such other terms and conditions as may in the Board of Election's opinion be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this Act.";

(C) by amending subsection (b) to read as follows:

"(b) All elections prescribed by this Act shall be conducted by the Board of Elections in conformity with the provisions of this Act. In all elections held pursuant to this Act the polls shall be open from 7 o'clock antemeridian to 8 o'clock postmeridian. Candidates receiving the highest number of votes in elections held pursuant to this Act shall be declared the winners, except when otherwise required by the provisions of subsection (a) (6) of this section.";

(D) by inserting after "In the case of a tie" in subsection (c) the following: "vote, the resolution of which will affect the outcome of an election," and by striking "following the election" in such subsection and inserting "following determination by the Board of Elections of the results of the election which require the resolution of such tie,”; and

(E) by inserting after "official" in subsection (d) the following: ", other than a Commissioner, Delegate, or member of the School Board, or winner of a Commissioner or Delegate primary election," and by adding at the end of such subsection the following: "In the event that such a vacancy occurs in the office of a candidate for Commissioner or Delegate who has been declared the winner in the preceding Commissioner or Delegate primary or party runoff election, the vacancy may be filled not later than fifteen days prior to the next Commissioner or Delegate general election, by nomination by the party committee of the party which nominated his predecessor, and by paying the filing fee required by section 8(i). In the event that such a vacancy occurs in the office of Commissioner, Delegate or a member of the School Board, the Board of Elections shall call special elections to fill such a vacancy for the remainder of the term but no such vacancy shall be filled which occurs within five months of the expiration of the term."

(10) Section 13 (e) of the Act (D.C. Code, sec. 1-1113 (e)) is amended by striking out "ten days" and inserting "thirty days".

(11) The first sentence of section 14 of the Act (D.C. Code, sec. 1-1114) is amended by striking out "his place of residence or his voting privilege in any other part of the United States," and inserting "his qualifications for voting or for holding elective office, be guilty of violating sections 12 or 13 of this Act,”. (12) The following new sections shall be added at the end of such Act: "SEC. 15. No person shall be a candidate for more than one office in any election. If a person is nominated for more than one office, he shall within three days after the last day on which nominations may be made notify the Board of Elections, in writing, for which office he elects to run.

"SEC. 16. This Act may be cited as the 'District of Columbia Election Act'."

TITLE VIII-SCHOOL BOARD

SEC. 801. The control of the public schools of the District and the functions of the Board of Education are transferred to the School Board, and the Board of Education is abolished.

SEC. 802. (a) The School Board shall consist of fifteen members, one to be elected from each ward, as provided in title VII of this Act. Members of the School Board shall be elected on a nonpartisan basis.

(b) Of the members of the School Board initially elected, seven shall serve for terms of two years and eight for terms of four years. Initial terms begin on the fourth Monday in the first month of January which begins after the

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