H. R. 3902 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

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 
H. R. 3902—2 

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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.