ELECTIONS TO BE HELD

SEC. 802. (a) The Board of Elections, in addition to elections conducted by it pursuant to the District Election Act of 1955, shall conduct the following elections:

(1) A primary election to be held on the first Tuesday in May of each even-numbered calendar year commencing after this title takes effect.

(2) A general election, to be held on the first Tuesday following the first Monday in November in each even-numbered calendar year commencing after this title takes effect.

(3) Special elections and referendum elections held pursuant to sections 335 (c), 602, 860, 812(b), or 812 (c).

ELECTIVE OFFICES; TERMS OF OFFICE

SEC. 803. (a) The offices of the District to be filled by election under this Act shall be the members of the Council, the Mayor, and the District Delegate. (b) The term of an elective office on the District Council shall be two years beginning on January 2 of the odd-numbered year following such election. (c) The term of office of the Mayor shall be four years, beginning on January 2 of the odd-numbered year next following his election.

(d) The term of office of the District Delegate shall be two years beginning at noon on January 3 of the odd-numbered year following such election.

VACANCIES

SEC. 804. (a) If the office of Delegate becomes vacant, the Mayor, by and with the advice and consent of the Council, shall appoint a Delegate to fill the unexpired term.

(b) A vacancy in the office of Mayor shall be filled at the next general election held pursuant to this title for which it is possible for candidates to be nominated, under any procedure provided for in section 809 following the occurrence of such vacancy. A person elected to fill any such vacancy shall take office as soon as practicable following the certification of his election by the Board of Elections and shall hold office for the duration of the unexpired term to which he was elected but not beyond the end of such a term. Until a vacancy in the office of Mayor can be filled at a general election, as prescribed in this subsection, such vacancy shall be filled by appointment by the District Council.

(c) A vacancy in the District Council shall be filled by appointment by the Mayor by and with the advice and consent of the Council.

(d) No person shall be appointed to any office under this section unless he is a registered voter and meets the residence and other qualifications required on on the date of his appointment of a person filling such office. A person appointed to fill a vacancy under this section shall hold office until the time provided for an elected successor to take office, but not beyond the end of the term during which the vacancy occurred.

ELECTION OF CANDIDATES

SEC. 805. (a) The candidate of each party receiving the highest number of votes validly cast for each office in each of the several primary elections shall be declared the winner, and his name shall be placed on the ballot in the next general election as the candidate of his party.

(b) In the general election, the candidate receiving the highest number of votes validly cast for each office shall be declared elected.

(c) In the event two or more candidates receive the same number of votes validly cast for the same office, the winner shall be determined by lot.

(d) Subject to the provisions of section 812, the Board of Elections shall promptly announce to the public the results of every election and shall certify all such results to the Mayor and the Secretary of the Council. It shall also certify the results of all elections for the office of the District Delegate to the secretary of the House of Representatives of the United States.

RECALL

SEC. 806. (a) The Mayor shall be subject to recall by the qualified voters of the District. Any petition filed demanding the recall of the Mayor by the qualified voters of the District shall be signed by not less than 25 per centum of the number of qualified voters of the District voting at the last preceding general elec

tion. Such petition shall set forth the reasons for the demand and shall be filed with the Secretary of District Council. If the Mayor shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy shall be filled as provided by law for filling a vacancy in that office arising from any other cause. If he shall not resign within five days after the petition is filed, a special election shall be called by the Council to be held within forty days thereafter to determine whether the qualified voters of the District will recall such officer.

(b) There shall be printed on the ballot at such election, in not more than two hundred words, the reason or reasons for demanding the recall of the Mayor, and, in not more than two hundred words, the Mayor's justification or answer to such demands. The Mayor shall continue to perform the duties of his office until the result of such special election is officially declared by the Board of Elections. No petition demanding the recall of the Mayor shall be circulated until he has held his office six months.

(c) If a majority of the qualified voters voting on any petition filed pursuant to this section vote to recall the Mayor, his recall shall be effective on the day on which the Board of Elections certifies the results of the special election, and the vacancy created thereby shall be filled immediately in a manner provided by law for filling a vacancy in that office arising from any other cause.

(d) The Board of Elections shall prescribe such regulations as may be necessary or appropriate (1) with respect to the form, filing, examination, amendment, and certification of a petition for recall filed pursuant to this section, and (2) with respect to the conduct of any special election held pursuant to this section.

QUALIFICATIONS OF VOTERS

SEC. 807. No person shall vote in an election held under this Act unless he meets the qualifications of a voter specified in this section and has registered pursuant to section 808 of this Act or section 7 of the District Election Act of 1955. A qualified voter of the District and a qualified elector of the District for the purposes of the District Election Act of 1955 shall be any person (1) who has resided in the District continuously during the six-month period ending on the day of the election, (2) who is a citizen of the United States, (3) who is on the day of the election at least eighteen years old, (4) who has never been convicted of a felony in the United States, or, if he has been son 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. 808. (a) No person shall be registered under this Act unless

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

(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 807 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 purposes 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 registration 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 1355. (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.

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 candidacy 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 day: 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 one candidate for the Council from the ward in which the voter is a resident, 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 resident 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 shali be made available to prospective 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 may 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 regulation. 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 reasonable 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 sentence in 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 to read as follows: Notwithstanding any other provision of this Act, neither the District Council nor the Commissioners shall authorize the sale by any licensee, other than the holder of a retailer's license, class E, 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 an agreement (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, with the approval of the District Council. Each such agreement 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 agreement negotiated and approved pursuant to subsection (a), any District officer or agency may in the agreement delegate any of his or its functions to any Federal officer or agency, and any Federal officer or agency may in the agreement delegate any of his or its funetions to any District officer or agency. Any function so delegated may be exercised in accordance with the terms of the delegation.

(c) The cost to each Federal officer and agency in furnishing services to the District pursuant to any such agreement shall be paid, in accordance with the terms of the agreement, 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