VACANCIES RESULTING FROM ABOLITION OF BOARD OF COMMISSIONERS SEC. 1004. Until July 1, 1963, no vacancy occurring in any District agency by reason of section 321, abolishing the Board of Commissioners, shall affect the power of the remaining members of such agency to exercise its functions, but such agency may take action only if a majority of the members holding office vote in favor of it. TITLE XI-SEPARABILITY OF PROVISIONS SEPARABILITY OF PROVISIONS SEC. 1101. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. TITLE XII--TEMPORARY PROVISIONS POWERS OF THE PRESIDENT DURING THE TRANSITION PERIOD SEC. 1201. The President of the United States is hereby authorized and directed to take such action during the period following the date of the enactment of this Act and ending on the date of the first meeting of the Assembly, by Executive Order or otherwise, with respect to the administration of the functions of the District of Columbia Government, as he deems necessary to enable the Board of Elections properly to perform its functions under this Act. REIMBURSABLE APPROPRIATION FOR THE DISTRICT SEC. 1202, (a) The sum of $500.000 is hereby authorized to be appropriated for the District of Columbia, out of any money in the Treasury not otherwise appropriated, for use (1) in paying the expenses of the Board of Elections (including compensation of the members thereof), and (2) in otherwise carrying into effect the provisions of this Act. (b) The full amount of expenditures out of the appropriations made under this authorization shall be reimbursed to the United States, without interest. during the fiscal year ending June 30, 1966, from the general fund of the District of Columbia. TITLE XIII-EFFECTIVE DATES EFFECTIVE DATES SEC. 1301. (a) As used in this title and title XIV, the term "charter" means titles I to XI, both inclusive, and titles XV and XVI. (b) The charter shall take effect only if accepted pursuant to title XIV. If the charter is so accepted, it shall take effect on the day following the date on which it is accepted (as determined pursuant to section 1406), except that (1) part 2 of title III, title V, and title VII shall take effect January 1, 1966, and (2) section 402 shall take effect on the day upon which the Governor first appointed takes office. (c) Titles XII, XIII, and XIV shall take effect on the day following the date on which this Act is enacted. TITLE XIV-SUBMISSION OF CHARTER FOR REFERENDUM CHARTER REFERENDUM SEC. 1401. (a) On a date to be fixed by the Board of Elections, not more than nine months after the enactment of this Act, a referendum (in this title referred to as the "charter referendum") shall be conducted to determine whether the registered qualified electors of the District of Columbia accept the charter. (b) As used in this title, a "qualified elector" means a person who meets the requirements of section 806 on the day of the charter referendum. BOARD OF ELECTIONS SEC. 1402. (a) In addition to its other duties, the Board of Elections established under the District Primary Act shall conduct the charter referendum and certify the results thereof as provided in this title. (b) Notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this title, the applicable provisions of section 801 of this Act shall govern the Board of Elections in the peformance of its duties. REGISTRATION SEC. 1403. (a) The Board of Elections shall conduct within the District of Columbia a registration of the qualified electors commencing as soon as practicable after the enactment of this Act and ending not more than thirty days nor less than fifteen days prior to the date set for the charter referendum as provided in section 1401 of this title. (b) Prior to the commencement of such registration, the Board of Elections shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the registration places and the dates and hours of registration. (c) The applicable provisions of section 807, notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted shall govern the registration of voters for this charter referendum. CHARTER REFERENDUM BALLOT; NOTICE OF VOTING SEC. 1404. (a) The charter referendum ballot shall contain the following, with the blank space appropriately filled : "The District of Columbia Charter Act, enacted proposes to establish a new charter for the District of Columbia, but provides that the charter shall take effect only if it is accepted by the registered qualified electors of the District in this referendum. "By marking a cross (X) in one of the squares provided below, show whether you are for or against the charter. For the charter Against the charter" (b) Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second paragraph of the charter referendum ballot as it determines to be necessary to permit the use of voting machines if such machines are used. (c) Not less than three days before the date of charter referendum, the Board of Elections shall mail to each person registered (1) a sample of the charter referendum ballot and (2) information showing the polling place of such person and the date and hours of voting. (d) Not less than one day before the charter referendum, the Board of Elections shall publish, in newspapers of general circulation published in the District of Columbia, a list of the polling places and the date and hours of voting. METHOD OF VOTING SEC. 1405. Notwithstanding the fact such sections do not otherwise take effect unless the charter is accepted under this title, the applicable provisions of sections 811, 812, 813, and 814 of this Act shall govern the method of voting, recounts, and contests, interference with registration or voting, and violations connected with this charter referendum. ACCEPTANCE OR NONACCEPTANCE OF CHARTER SEC. 1406. (a) If a majority of the registered qualified electors voting in the charter referendum vote for the charter, the charter shall be considered accepted as of the time the Board of Elections certifies the result of the charter referendum to the President of the United States, as provided in subsection (b). (b) The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, certify the result of the charter referendum to the President of the United States, to the Secretary of the Senate, and to the Clerk of the House of Representatives. TITLE XV-DELEGATE DISTRICT DELEGATE SEC. 1501. (a) Until a constitutional amendment and subsequent congressional action otherwise provide, the people of the District shall be represented in the House of Representatives of the United States by a Delegate, to be known as the "Delegate from the District of Columbia", who shall be elected as provided in this Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. The Delegate shall be a member of the House Committee on the District of Columbia and shall possess in such committee the same powers and privileges as in the House of Representatives, and may make any motion except to reconsider. His term of office shall be for two years. (b) No person shall hold the office of District Delegate unless he (1) is a qualified elector, (2) is at least twenty-five years old, (3) holds no other public office, and (4) is domiciled and resides in the District and during the three years next preceding his nomination (a) has been resident in and domiciled in the District and (b) has not voted in any election (other than in the District) for any candidate for public office. He shall forfeit his office upon failure to maintain the qualifications required by this subsection. (c) (1) Subsection (a) of section 601 of the Legislative Reorganization Act of 1946, as amended, is hereby amended by striking out "from the Territories". (2) Clause (b) of section 1 of the Civil Service Retirement Act of May 29, 1930, as amended (70 Stat. 743) is hereby amended by striking out "from a Territory". (3) The second paragraph under the heading "House of Representatives" in the Act of July 16, 1914 (U.S.C. 1952 edition, title 2, sec. 37), is hereby amended by striking out "from Territories". (4) Paragraph (i) of section 302 of the Federal Corrup Practices Act, 1925, as amended (U.S.C. 1952 edition, title 2, sec. 241), is hereby amended by inserting after "United States" the following: ", and the District of Columbia". (5) Section 591 of title 18, United States Code, 1952 edition, is hereby amended by inserting ", and the District of Columbia" before the period at the end thereof. Section 594 of such title is hereby amended by inserting after "Territories and possessions" the following: "or the District of Columbia". The first paragraph of section 595 of such title is hereby amended by inserting after "from any Territory or possession" the following: "or the District of Columbia". TITLE XVI-REFERENDUM POWER OF REFERENDUM SEC. 1601. (a) The qualified electors (as defined in section 806) shall have power, pursuant to the procedure provided by this title, to approve or reject in a referendum any act of the Assembly, or part or parts thereof, which has be come law, whether or not such act is yet operative. This power shall not extend, however, to acts authorizing the issuance of bonds, which shall be subject to the election provisions contained in section 602, or to acts continuing existing taxes, or making appropriations which in the aggregate are not in excess of those for the proceding fiscal year. Within forty-five days after an act subject to this title has been enacted, a petition signed by qualified electors equal in number to at least 10 percentum of the number who voted at the last preceding general election may be filed with the Clerk of the Assembly requesting that any such act, or any part or parts thereof, be submitted to a vote of the qualified electors. (b) The Board of Elections shall prescribe such regulations as may be necessary or appropriate with respect to the form, filing, examination, amendment, and certification of petitions for referenda and with respect to the conduct of any referendum held under this title. (c) Nothing in this Act shall be construed as abridging the power of the Assembly to submit questions to the electors at any general or special election. EFFECT OF CERTIFICATION OF REFERENDUM PETITION SEO. 1602. (a) When a referendum petition has been certified as sufficient, the act, or the one or more items, sections or parts thereof, specified in the petition shall not become operative, or further action shall be suspended if it shall have become operative, until and unless approved by the electors, as provided in this title. The filing of a referendum petition against one or more parts of an act shall not alter the operative effect of the remainder of such act. (b) If, within thirty days after the filing of a referendum petition, the Clerk of the Assembly has not specified the particulars in which a petition is defective, the petition shall be deemed sufficient for the purposes of this title. 52-505-65--3 SUBMISSION TO ELECTORS SEC. 1603. An act or any part or parts thereof, with respect to which a petition for a referendum has been filed and certified as sufficient shall be submitted to the qualified electors at a referendum to be held in connection with any general election which occurs not less than thirty days from the date on which the Clerk of the Assembly files his certificate of the sufficiency of the petition. The Assembly may, if two-thirds of its membership concur, at any time not less than thirty days after the petition has been found sufficient, provide for a special election for the purpose of conducting the referendum. AVAILABILITY OF LIST OF QUALIFIED ELECTORS SEC. 1604. If any organization or group requests it for the purpose of circulating descriptive matter relating to the act to be voted on at a referendum, the Board of Elections shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof, at a charge to be determined by the Board of Elections, not exceeding the actual cost of reproducing such list. RESULTS OF REFERENDUM SEC. 1605. An act which is submitted to a referendum which is not approved by a majority of the qualified electors voting thereon shall thereupon be deemed repealed. If a majority of the qualified electors voting thereon approve the act, it shall become operative on the day following the day on which the Board of Elections certifies the results of the referendum. If conflicting acts are approved by the electors at the same referendum, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. As used in this section, the word "act" shall mean the complete act, or any part or parts thereof, specified in the petition for referendum. TITLE XVII-TITLE OF ACT SEC. 1701. This Act, divided into titles and sections according to the table of contents, and including the declaration of congressional policy which is a part of such Act, may be cited as the "District of Columbia Charter Act”. II APPOINTED GOVERNOR AND SECRETARY ELECTED ASSEMBLY MINORITY PARTY REPRESENTATION NONVOTING DELEGATE TO HOUSE H.R. 5800 (Mathias), H.R. 5803 (Conte), H.R. 5806 (Frelinghuysen), H.R. 5809 (Lindsay), H.R. 5812 (Stafford), H.R. 5801 (Cahill), H.R. 5804 (Dwyer), H.R. 5807 (Halpern), H.R. 5810 (Morse), H.R. 5813 (Tupper), H.R. 5802 (Cleveland), H.R. 5805 (Ellsworth), H.R. 5808 (Horton), and H.R. 5811 (Reid) These identical bills are similar to H.R. 628 and H.R. 630 as outlined above, but they differ from these two bills in the following respects: They provide for an elected legislative assembly of 25 members, 5 from each of the 5 wards, but they do not provide for change in total membership of the assembly. All elections are to be partisan elections; the bills provide for minority party representation, and no more than four members elected from any ward could be members of the same political party. The District budget would be adopted by the assembly after its submission to the Director of the U.S. Bureau of the Budget for approval. No provision is made for Federal payment formula, but included in the bills is the statement that it is intended that the Federal Government will annually pay an equitable share of the expenses of the District government. [H.R. 5800, 89th Cong., 1st sess.] A BILL To provide for the District of Columbia an appointed Governor and Secretary, and an elected twenty-five-member Legislative Assembly incorporating fixed minority party representation, and a nonvoting Delegate to the House of Representatives, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to the retention by Congress of the ultimate legislative authority over the Nation's Capital which is granted by the Constitution, it is the intent of Congress to restore to the inhabitants of the District of Columbia the powers of local self-government which are a basic privilege of all American citizens; to reaffirm through such action the confidence of the American people in the strengthened validity of principles of local self-government by the elective process; to promote among the inhabitants of the District the sense of responsibility for the development and well-being of their community which will result from the enjoyment of such powers of self-government; to provide for the more effective participation in the development of the District and in the solution of its local problems by those persons who are most closely concerned; and to relieve the National Legislature of the burden of legislating upon purely local District matters. It is the further intention of Congress to exercise its retained ultimate legislative authority over the District only insofar as such action shall be necessary or desirable in the interest of the Nation. Finally, it is recognized that the restoration of the powers of local self-government to the inhabitants of the District by this Act will in no way change the need, which arises from the unique character of the District as the Nation's Capital, for the payment by the Federal Government of a share of the expenses of the District government, and it is intended that an equitable share thereof shall be paid annually. Sec. 101. Definitions. TABLE OF CONTENTS TITLE I-DEFINITIONS TITLE II-STATUS OF THE DISTRICT Sec. 201. Status of the District. TITLE III-THE LEGISLATIVE ASSEMBLY PART 1-CREATION OF THE LEGISLATIVE ASSEMBLY Sec. 301. Creation and membership. Sec. 302. Qualifications for holding office. Sec. 303. Compensation. PART 2-PRINCIPAL FUNCTIONS OF THE LEGISLATIVE ASSEMBLY Sec. 321. Function heretofore exercised by the Board of Commissioners and the Board of Education Board of Commissioners abolished. |