a felony in the United States, or, if he has been so convicted, has been pardoned, (5) who is not mentally incompetent, as adjudged by a court of competent jurisdiction, and (6) who certifies that he has not, within six months immediately preceding the election, claimed the right to vote or voted in any election in any State or territory of the United States (other than in the District).

REGISTRATION

SEC. 807. (a) No person shall be regisered under this Act unless

(1) he shall be able to qualify otherwise as a voter on the day of the next election;

(2) he executes a registration affidavit by signature or mark (unless prevented by physical disability) on a form provided by the Board of Elections showing that he meets each of the requirements of section 806 of this Act for a qualified voter and if he desires to vote in a primary election, such form shall show his political party affiliation: Provided, That the Board shall accept as evidence of registration any Federal post card application for an absentee ballot prescribed in section 204 of the Federal Voting Assistance Act of 1955 (69 Stat. 584) when such application is duly executed and filed with the Board by any person included within one of the categories referred to in clause (1), (2), (3), or (4) of section 101 of such Act. (b) If a person is not permitted to register, such person, or any qualified candidate, may appeal to the Board of Elections, but not later than three days after the registry is closed for the next election. The Board shall decide within seven days after the appeal is perfected whether the challenged voter is entitled to register. If the appeal is denied the appellant may, within three days after such denial, appeal to the District of Columbia Court of General Sessions. The court shall decide the issue not later than eighteen days before the day of the election. The decision of such court shall be final and not appealable. If the appeal is upheld by either the Board or the court, the challenged elector shall be allowed to register immediately. If the appeal is pending on election day, the challenged voter may cast a ballot marked "challenged", as provided in section 811. (c) For the purpose of this Act and of the District Election Act of 1955, the Board of Elections shall keep open, during normal hours of business, as determined by the Council, a central registry office and shall conduct registration at such other times and places as the Board of Elections shall deem appropriate. The Board of Elections may suspend the reigstration of voters, or the acceptance of changes in registrations for such period, not exceeding thirty days next preceding any elections under this Act or under the District Election Act of 1955. (d) The Board of Elections may make all provisions and arrangements necessary for the separate identification of persons duly registered under the District Election Act of 1955 but not qualified as voters under section 806 of this Act.

QUALIFICATIONS OF CANDIDATES

SEC. 808. A candidate at an election held under this Act shall be a qualified voter, as defined in section 806, who has registered under section 807 of this Act or under section 7 of the District Election Act of 1955 and who has declared his candidacy or has been nominated as provided in this title: Provided, That no member of the Board of Elections may be such a candidate.

NOMINATIONS

SEC. 809. (a) Nomination of a candidate to be included on the ballot for a primary election shall take place when the Board of Elections receives a declaration of candidacy, accompanied by the filing fee in the amount required in subsection (e): Provided, That such candidate is duly registered as affiliated with the political party for which the nomination is sought and otherwise meets the qualifications for holding the office for which he seeks nomination.

(b) Nomination of an independent candidate who desires to have his name on the ballot in the general election shall take place when the Board of Elections receives a petition signed by the number of registered voters specified in this subsection and accompanied by a filing fee in the amount required by subsection (e). Petitions nominating an independent candidate for District Delegate or Mayor shall be signed by not less than five hundred qualified voters registered in the District. Petitions nominating a candidate for the District Council shall be signed by not less than one hundred qualified voters registered in the

ward from which nomination is sought. No person shall be barred from nomination as an independent candidate in the general election because he was a candidate for nomination in a primary election: Provided, That he complies with the requirements of this subsection.

(c) 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.

(d) A candidate may withdraw his candidacy in writing if his withdrawal is received by the Board not more than three days after the last day on which nominations may be made.

(e) Filing fees to accompany a declaration of candidacy in the primary election or a petition nominating an independent candidate for inclusion on the ballot in the general election shall be $200 for a candidate for District Delegate or Mayor and $50 for a member of the District Council. No fee shall be refunded unless a candidate is withdrawn as provided in subsection (c) or (d). (f) The Board of Elections is authorized to accept any nominating petition as bona fide with respect to the qualifications of the signatories thereto : Provided, That the originals or facsimiles thereof have been posted in a suitable public place for at least ten days: Provided further, That no challenge as to the qualifications of the signatories shall have been received in writing by the Board of Elections within ten days of the first posting of such petition.

PARTISAN ELECTIONS

SEC. 810. (a) Ballots and voting machines may show party affiliations, emblems, or slogans.

(b) The form of ballot to be used in any election under this Act shall be determined by the Board of Elections: Provided, That in any such election, the position on the ballot of the candidates for each office shall be determined by lot: Provided further, That the Board of Elections shall make provision on the ballot for voters, in their discretion, to vote for groups of candidates by a single mark or to vote separately for individual candidates, regardless of their group affiliations: Provided further, That a candidate's name shall not be included in any such group without his written consent filed with the Board of Elections. (c) The second sentence of section 9(a) of the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939 (53 Stat. 1147), as amended, shall not be applicable to elections held under this Act or to political management or political campaigns in connection therewith.

METHOD OF VOTING

SEC. 811. (a) Voting in all elections shall be secret.

(b) Each voter shall be entitled to vote for seven candidates for the Council, not more than one from each ward, for one candidate for Mayor and for one candidate for District Delegate. The ballot shall show the wards from which each candidate for office as a member of the Council has been nominated.

(c) The ballot of a person who is registered as a resident of the District shall be valid only if cast in the voting precinct where the residence shown on his registration is located.

(d) Absentee voting under this Act shall be permitted to the same extent and subject to the same rules and regulations, including penalties, as absentee voting is permitted under the District Election Act of 1955.

(e) At least ten days prior to the date of any referendum or other election, any group of citizens or individual candidates interested in the outcome of the election may petition the Board of Elections for credentials authorizing watchers at any and all polling places during the voting hours and until the count has been completed. The Board of Elections shall formulate rules and regulations, not inconsistent with provisions of this title, to prescribe the form of watchers' credentials, to govern their conduct, and to limit the number of watchers so that the conduct of the election will not be unreasonably obstructed.

(f) If the official in charge of the polling place, after hearing both parties to any challenge or acting on his own with respect to a prospective voter, reasonably believes the prospective voter is not qualified to vote, he shall allow the voter to cast a paper ballot marked "challenged". Ballots so cast shall be segregated, and no such ballot shall be counted until the challenge has been removed as provided in subsection (g).

(g) If a person has been permitted to vote only by challenged ballot, such person, or any qualified candidate, may appeal to the Board of Elections within three days after election day. The Board shall decide within seven days after the appeal is perfected whether the voter was qualified to vote. If the Board decides that the voter was qualified to vote, the word "challenged" shall be stricken from the voter's ballot and the ballot shall be treated as if it had not been challenged.

(h) If a voter is physically unable to mark his ballot or to operate the voting machine, the official in charge of the voting place may enter the voting booth with him and vote as directed. Upon the request of any such voter, a second election official may enter the voting booth to assist in the voting. The officials shall tell no one what votes were cast. The official in charge of the voting place shall make a return of all such voters, giving their names and disabilities.

(i) A voter shall vote only once with respect to each office to be filled. (j) Copies of the regulations of the Board of Elections with respect to voting shall be made available to prespective voters at each polling place.

(k) Before being allowed to vote the voter shall sign a certificate, on a form to be prescribed by the Board of Elections, that he has duly registered under the election laws of the District and that, to his best knowledge and belief, he has not since such registration done any act which might disqualify him as a voter.

RECOUNTS AND CONTESTS

SEC. 812. (a) The provisions of section 11 of the District Election Act of 1955 with respect to recounts and contests shall be applicable to any election or referendum held under this Act, except that in the case of any referendum, any qualified voter who has voted in any such election many petition the Board of Elections for a recount of the votes cast in one or more precincts under the same conditions required for a candidate for office under section 11(a) of the District Election Act of 1955.

(b) If, pursuant to this section, the court voids all or part of an election, and if it determines that the number and importance of the matters involved outweigh the cost and practical disadvantages of holding another election, it may order a special election for the purpose of voting on the matters with respect to which the election was declared void.

(c) Special elections shall be conducted in a manner comparable to that prescribed for regular elections and at times and in the manner prescribed by the Board of Elections by regulations. A person elected at such an election shall take office on the day following the date on which the Board of Elections certifies the results of the election.

(d) Vacancies resulting from voiding all or part of an election shall be filled as prescribed in section 804 unless filled by a special election held pursuant to subsections (b) and (c) of this section.

INTERFERENCE WITH REGISTRATION OR VOTING

SEC. 813. (a) No one shall interfere with the registration or voting of another person, except as it may be reasonably necessary in the performance of a duty imposed by law. No person performing such a duty shall interfere with the registration or voting of another person because of his race, color, sex, or religious belief, or his want of property or income.

(b) No registered voter shall be required to perform a military duty on election day which would prevent him from voting, except in time of war or public danger, or unless he is away from the District in military service. No registered voter may be arrested while voting or going to vote except for treason, a felony. or for a breach of the peace then committed.

VOTING HOURS

SEC. 814. Polling places shall be open from 8 o'clock antemeridian to 8 o'clock postmeridian on each day when elections are held pursuant to this Act.

PROHIBITION OF THE SALE OF ALCOHOLIC BEVERAGES ON ELECTION DAYS SEC. 815. The second paragraph of section 7 of the District of Columbia Alcoholic Beverage Control Act, as amended (sec. 25-107, D.C. Code, 1961 ed.), is amended by inserting after the first sentence the following new sentence: "Not

withstanding any other provision of this Act, neither the District Council nor the Commissioners shall authorize the sale by any licensee of any beverages on the day of the Presidential election or of any election in the District of Columbia held under the District of Columbia Charter Act during the hours when the polls are open, and any such sales are hereby prohibited."

VIOLATIONS

SEC. 816. Whoever willfully violates any provision of this title, or of any regulation prescribed and published by the Board of Elections under authority of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500 or imprisoned for not more than six months, or both.

TITLE IX-MISCELLANEOUS

AGREEMENTS WITH UNITED STATES

SEC. 901. (a) For the purpose of preventing duplication of effort or of otherwise promoting efficiency and economy, any Federal officer or agency may furnish services to the District government and any District officer or agency may furnish services to the Federal Government. Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law, such services shall be furnished pursuant to a contract (1) negotiated by the Federal and District authorities concerned, and (2) approved by the Director of the Bureau of the Budget and by the Mayor, by and with the advice and consent of the District Council. Each such contract shall provide that the cost of furnishing such services shall be borne in the manner provided in subsection (c) by the government to which such services are furnished at rates or charges based on the actual cost of furnishing such services.

(b) For the purpose of carrying out any contract negotiated and approved pursuant to subsection (a), any District officer or agency may in the contract delegate any of his or its functions to any Federal officer or agency, and any Federal officer or agency may in the contract delegate any of his or its functions to any District officer or agency. Any function so delegated may be exercised in accordance with the terms of the delegation.

(c) The costs to each Federal officer and agency in furnishing services to the District pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the Council to the District officers and agencies to which such services are furnished. The costs to each District officer and agency in furnishing services to the Federal Government pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the Congress to the Federal officers and agencies to which such services are furnished.

PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS

SEC. 902. Any officer or employee of the District who is convicted of a violation of section 208 of ttile 18, United States Code, shall forfeit his office or position.

COMPENSATION FROM MORE THAN ONE SOURCE

SEC. 903. (a) Except as provided in this Act, no person shall be ineligible to serve or to receive compensation as a member of the Council, or the Board of Elections because he occupies another office or position or because he receives compensation (including retirement compensation) from another source.

(b) The right to another office or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of the Council or such Board, if such service does not interfere with the discharge of his duties in such other office or position.

(c) Section 202 (a) of title 18, United States Code is amended by inserting in the second sentence immediately after the word "State" a comma and the words "every member of the Council of the District of Columbia and every member of the Board of Elections of the District of Columbia" and by striking from such sentence the words "a special Government employee" and inserting in lieu thereof "special Government employees".

ASSISTANCE OF THE UNITED STATES CIVIL SERVICE COMMISSION IN DEVELOPMENT OF DISTRICT MERIT SYSTEM

SEC. 904. The United States Civil Service Commission is hereby authorized to advise and assist the Mayor and the Council in the further development of the merit system required by section 402 (3) and the said Commission is authorized to enter into agreements with the District government to make available its registers of eligibles as a recruiting source to fill District positions as needed. The costs of any specific services furnished by the Civil Service Commission may be compensated for under the provisions of section 901 of this Act.

TITLE X-SUCCESSION IN GOVERNMENT

TRANSFER OF PERSONNEL, PROPERTY, AND FUNDS

SEC. 1001. (a) In each case of the transfer, by any provision of this Act, of functions to the Council or to any agency or officer, there are hereby transferred (as of the time of such transfer of functions) to the Council or to such agency or to the agency of which such officer is the head, for use in the administration of the functions of the Council or such agency or officer, the personnel (except the members of Boards or Commissions abolished by this Act), property, records, and unexpended balances of appropriations and other funds, which relate priImarily to the functions so transferred.

(b) If any question arises in connection with the carrying out of subsection (a), such question shall be decided

(1) in the case of functions transferred from a Federal officer or Agency, by the Director of the Bureau of the Budget; and

(2) in the case of other functions (A) by the Council, or in such manner as the Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if such functions are transferred to any other officer or agency.

(c) Any of the personnel transferred to the Council or any agency by this section which the Council or the head of such agency shall find to be in excess of the personnel necessary for the administration of its or his functions shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service.

(d) No officer or employee shall, by reason of his transfer by this Act, be deprived of a civil service status held by him prior to such transfer.

EXISTING STATUTES, REGULATIONS, AND OTHER ACTIONS

SEC. 1002. (a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this Act shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made.

(b) As used in subsection (a), the term "other action" includes any rule, order, contract, policy determination, directive, grant authorization, permit requirement, or designation.

(c) Unless otherwise specifically provided, nothing contained in this Act shall be construed as affecting the applicability to the District of Columbia government of personnel legislation relating to the District government until such time as the Council may otherwise elect to provide similar and comparable coverage as provided in section 402(4).

PENDING ACTIONS AND PROCEEDINGS

SEC. 1003. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act; but the court, unless it determines that the survival of such suit, action, or other proceeding is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.

(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act, but such action