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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3902 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 3902

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2012

     Received; read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
To amend the District of Columbia Home Rule Act to revise the timing of 
    special elections for local office in the District of Columbia.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Special 
Election Reform Act''.

SEC. 2. TIMING OF SPECIAL ELECTIONS FOR LOCAL OFFICE IN DISTRICT OF 
              COLUMBIA.

    (a) Council.--
            (1) Chair.--The first sentence of section 401(b)(3) of the 
        District of Columbia Home Rule Act (sec. 1-204.01(b)(3), D.C. 
        Official Code) is amended to read as follows: ``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.''.
            (2) Members elected from wards.--The first sentence of 
        section 401(d)(1) of such Act (sec. 1-204.01(d)(1), D.C. 
        Official Code) is amended to read as follows: ``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.''.
            (3) Members elected at-large.--The second sentence of 
        section 401(d)(2) of such Act (sec. 1-204.01(d)(2)) is amended 
        by striking ``and such special election'' and all that follows 
        and inserting the following: ``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.''.
    (b) Mayor.--The first sentence of section 421(c)(2) of such Act 
(sec. 1-204.21.(c)(2), D.C. Official Code) is amended to read as 
follows: ``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.''.
    (c) Attorney General.--The first sentence of section 435(b)(1) of 
such Act (sec. 1-204.35(b)(1), D.C. Official Code) is amended by 
striking ``the Board'' and all that follows and inserting the 
following: ``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.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall apply with respect to 
vacancies occurring on or after the enactment of this Act.

            Passed the House of Representatives February 29, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```