II 

Calendar No. 448 

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 

JULY 12, 2012 

Reported by Mr. LIEBERMAN, without amendment 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘District of Columbia 

5 Special Election Reform Act’’. 

6 SEC. 2. TIMING OF SPECIAL ELECTIONS FOR LOCAL OF7 FICE IN DISTRICT OF COLUMBIA. 

8 (a) COUNCIL.— 


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•HR 3902 RS

1 (1) CHAIR.—The first sentence of section 

2 401(b)(3) of the District of Columbia Home Rule 

3 Act (sec. 1–204.01(b)(3), D.C. Official Code) is 

4 amended to read as follows: ‘‘To fill a vacancy in the 

5 Office of Chairman, the Board of Elections shall 

6 hold a special election in the District on the Tuesday 

7 occurring at least 70 days and not more than 174 

8 days after the date on which such vacancy occurs 

9 which the Board of Elections determines, based on 

10 a totality of the circumstances, taking into account, 

11 inter alia, cultural and religious holidays and the ad12 ministrability of the election, will provide the oppor13 tunity for the greatest level of voter participation.’’. 

14 (2) MEMBERS ELECTED FROM WARDS.—The 

15 first sentence of section 401(d)(1) of such Act (sec. 

16 1–204.01(d)(1), D.C. Official Code) is amended to 

17 read as follows: ‘‘In the event of a vacancy in the 

18 Council of a member elected from a ward, the Board 

19 of Elections shall hold a special election in the Dis20 trict on the Tuesday occurring at least 70 days and 

21 not more than 174 days after the date on which 

22 such vacancy occurs which the Board of Elections 

23 determines, based on a totality of the circumstances, 

24 taking into account, inter alia, cultural and religious 

25 holidays and the administrability of the election, will 


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•HR 3902 RS

1 provide the opportunity for the greatest level of 

2 voter participation.’’. 

3 (3) MEMBERS ELECTED AT-LARGE.—The sec4 ond sentence of section 401(d)(2) of such Act (sec. 

5 1–204.01(d)(2)) is amended by striking ‘‘and such 

6 special election’’ and all that follows and inserting 

7 the following: ‘‘and such special election shall be 

8 held on the Tuesday occurring at least 70 days and 

9 not more than 174 days after the date on which 

10 such vacancy occurs which the Board of Elections 

11 determines, based on a totality of the circumstances, 

12 taking into account, inter alia, cultural and religious 

13 holidays and the administrability of the election, will 

14 provide the opportunity for the greatest level of 

15 voter participation.’’. 

16 (b) MAYOR.—The first sentence of section 421(c)(2) 

17 of such Act (sec. 1–204.21.(c)(2), D.C. Official Code) is 

18 amended to read as follows: ‘‘To fill a vacancy in the Of19 fice of Mayor, the Board of Elections shall hold a special 

20 election in the District on the Tuesday occurring at least 

21 70 days and not more than 174 days after the date on 

22 which such vacancy occurs which the Board of Elections 

23 determines, based on a totality of the circumstances, tak24 ing into account, inter alia, cultural and religious holidays 


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•HR 3902 RS

1 and the administrability of the election, will provide the 

2 opportunity for the greatest level of voter participation.’’. 

3 (c) ATTORNEY GENERAL.—The first sentence of sec4 tion 435(b)(1) of such Act (sec. 1–204.35(b)(1), D.C. Of5 ficial Code) is amended by striking ‘‘the Board’’ and all 

6 that follows and inserting the following: ‘‘the Board of 

7 Elections shall hold a special election in the District on 

8 the Tuesday occurring at least 70 days and not more than 

9 174 days after the date on which such vacancy occurs 

10 which the Board of Elections determines, based on a total11 ity of the circumstances, taking into account, inter alia, 

12 cultural and religious holidays and the administrability of 

13 the election, will provide the opportunity for the greatest 

14 level of voter participation.’’. 

15 SEC. 3. EFFECTIVE DATE. 

16 The amendments made by section 2 shall apply with 

17 respect to vacancies occurring on or after the enactment 

18 of this Act. 


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Calendar No. 448 

112TH CONGRESS 

2D SESSION H. R. 3902 

AN ACT 

To amend the District of Columbia Home Rule Act 

office in the District of Columbia. to revise the timing of special elections for local 

JULY 12, 2012 

Reported without amendment 


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