IIB 

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. 

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


jbell on DSK7SPTVN1PROD with BILLS
2 

HR 3902 RFS

1 SECTION 1. SHORT TITLE. 

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

3 Special Election Reform Act’’. 

4 SEC. 2. TIMING OF SPECIAL ELECTIONS FOR LOCAL OF5 FICE IN DISTRICT OF COLUMBIA. 

6 (a) COUNCIL.— 

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

8 401(b)(3) of the District of Columbia Home Rule 

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

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

11 Office of Chairman, the Board of Elections shall 

12 hold a special election in the District on the Tuesday 

13 occurring at least 70 days and not more than 174 

14 days after the date on which such vacancy occurs 

15 which the Board of Elections determines, based on 

16 a totality of the circumstances, taking into account, 

17 inter alia, cultural and religious holidays and the ad18 ministrability of the election, will provide the oppor19 tunity for the greatest level of voter participation.’’. 

20 (2) MEMBERS ELECTED FROM WARDS.—The 

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

22 1–204.01(d)(1), D.C. Official Code) is amended to 

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

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

25 of Elections shall hold a special election in the Dis26 trict on the Tuesday occurring at least 70 days and 


jbell on DSK7SPTVN1PROD with BILLS
3 

HR 3902 RFS

1 not more than 174 days after the date on which 

2 such vacancy occurs which the Board of Elections 

3 determines, based on a totality of the circumstances, 

4 taking into account, inter alia, cultural and religious 

5 holidays and the administrability of the election, will 

6 provide the opportunity for the greatest level of 

7 voter participation.’’. 

8 (3) MEMBERS ELECTED AT-LARGE.—The sec9 ond sentence of section 401(d)(2) of such Act (sec. 

10 1–204.01(d)(2)) is amended by striking ‘‘and such 

11 special election’’ and all that follows and inserting 

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

13 held on the Tuesday occurring at least 70 days and 

14 not more than 174 days after the date on which 

15 such vacancy occurs which the Board of Elections 

16 determines, based on a totality of the circumstances, 

17 taking into account, inter alia, cultural and religious 

18 holidays and the administrability of the election, will 

19 provide the opportunity for the greatest level of 

20 voter participation.’’. 

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

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

23 amended to read as follows: ‘‘To fill a vacancy in the Of24 fice of Mayor, the Board of Elections shall hold a special 

25 election in the District on the Tuesday occurring at least 


jbell on DSK7SPTVN1PROD with BILLS
4 

HR 3902 RFS

1 70 days and not more than 174 days after the date on 

2 which such vacancy occurs which the Board of Elections 

3 determines, based on a totality of the circumstances, tak4 ing into account, inter alia, cultural and religious holidays 

5 and the administrability of the election, will provide the 

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

7 (c) ATTORNEY GENERAL.—The first sentence of sec8 tion 435(b)(1) of such Act (sec. 1–204.35(b)(1), D.C. Of9 ficial Code) is amended by striking ‘‘the Board’’ and all 

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

11 Elections shall hold a special election in the District on 

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

13 174 days after the date on which such vacancy occurs 

14 which the Board of Elections determines, based on a total15 ity of the circumstances, taking into account, inter alia, 

16 cultural and religious holidays and the administrability of 

17 the election, will provide the opportunity for the greatest 

18 level of voter participation.’’. 


jbell on DSK7SPTVN1PROD with BILLS
5 

HR 3902 RFS

1 SEC. 3. EFFECTIVE DATE. 

2 The amendments made by section 2 shall apply with 

3 respect to vacancies occurring on or after the enactment 

4 of this Act. 

Passed the House of Representatives February 29, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


jbell on DSK7SPTVN1PROD with BILLS