U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–186 

DISTRICT OF COLUMBIA SPECIAL ELECTION 

REFORM ACT 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

H.R. 3902 

TO AMEND THE DISTRICT OF COLUMBIA HOME RULE ACT TO REVISE THE TIMING OF SPECIAL ELECTIONS FOR LOCAL OFFICE 

IN THE DISTRICT OF COLUMBIA 

JULY 16, 2012.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

MARK BEGICH, Alaska 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JERRY MORAN, Kansas 

MICHAEL L. ALEXANDER, Staff Director 

BETH M. GROSSMAN, Deputy Staff Director and Chief Counsel 

ELYSE F. GREENWALD, Professional Staff Member 

LISA M. POWELL, Staff Director, Subcommittee on Oversight of Government Management, 

the Federal Workforce, and the District of Columbia 

BENJAMIN B. RHODESIDE, Professional Staff Member, Subcommittee on Oversight of 

Government Management, the Federal Workforce, and the District of Columbia 

NICHOLAS A. ROSSI, Minority Staff Director 

DANIEL F. JENKINS, Minority Legislative Correspondent 

TRINA DRIESSNACK TYRER, Chief Clerk 


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112TH CONGRESS SENATE REPORT " ! 2d Session 112–186 

DISTRICT OF COLUMBIA SPECIAL ELECTION REFORM 

ACT 

JULY 16, 2012.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany H.R. 3902] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (H.R. 3902) to amend the District of 

Columbia Home Rule Act to revise the timing of special elections 

for local office in the District of Columbia, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 1 

III. Legislative History ......................................................................................... 2 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 3 

VI. Congressional Budget Office Cost Estimate ................................................ 3 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 4 

I. PURPOSE AND SUMMARY

H.R. 3902 amends the District of Columbia Code to enable the 

District of Columbia Board of Elections to schedule special elections 

to fill vacancies in the positions of Chairman of the Council, Member of the Council, Mayor, and Attorney General on a date that the 

Board of Elections concludes will provide the opportunity for the 

greatest level of voter participation. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

The District of Columbia Home Rule Act currently requires the 

District of Columbia Board of Elections (the Board) to hold special 

elections to fill vacancies that occur in the positions of Chairman 

of the Council, Member of Council, Mayor, and Attorney General 


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1See Public Law No. 93–198 §§ 401(b)(3), (d)(1) and (d)(2), 421(c)(2), 435(b)(1); codified at D.C. 

Code §§ 1–204.01(b)(3), (d)(1) and (d)(2), 1–204.21(c)(2), 1–204.35(b)(1). 2Delegate Norton (DC). ‘‘District of Columbia Special Election Reform Act.’’ Congressional 

Record 158:32 (February 29, 2012) p. H1086. 

on the first Tuesday following the passage of 114 days from the 

date the vacancy occurs. Current law permits the Board to schedule special elections on the same day as the next general election, 

if that election occurs within 60 days of the date on which a special 

election would otherwise be held.1

Unfortunately, these inflexible requirements have deprived the 

Board of the ability to hold special elections on dates that would 

have been more cost-effective or better promoted voter participation. For example, just this year, the District incurred additional 

expenses of approximately $318,000 because the city was forced to 

hold a separate special election on May 15, 2012, to fill a vacated 

Council Member seat.2 The Board could have avoided these additional costs by holding the special election a month earlier, at the 

same time as the already scheduled April 3, 2012, primary election, 

but the current statute did not give the Board that option. 

Similarly, the Board’s lack of authority to modify the date of a 

special election to avoid holding it on a cultural or religious holiday 

resulted in the Board holding a special election to fill a vacant atlarge Council member seat on April 26, 2011, the eighth and final 

day of the Jewish holiday of Passover, which may have posed a 

conflict for some voters. 

H.R. 3902 would give the Board flexibility to schedule special 

elections to provide the opportunity for the greatest level of voter 

participation by taking into account a number of factors. By doing 

so, this bill may allow the Board to schedule special elections in 

conjunction with previously scheduled elections in order reduce 

costs that would otherwise be spent holding a separate special election. The bill also potentially lessens the time in which District 

residents would be without local representation by cutting 44 days 

off the required waiting period to hold a special election. 

III. LEGISLATIVE HISTORY

D.C. Delegate Eleanor Holmes Norton introduced H.R. 3902 in 

the House of Representatives on February 6, 2012. This bill is similar to H.R. 5702, which Delegate Norton introduced on July 1, 

2010, in the 111th Congress, and which passed the House, but was 

not acted upon in the Senate. H.R. 3902 passed the House under 

suspension of the rules on February 29, 2012. 

On March 1, 2012, H.R. 3902 was received in the Senate and referred to the Senate Committee on Homeland Security and Governmental Affairs, which in turn, referred H.R. 3902 to the Subcommittee on Oversight of Government Management, the Federal 

Workforce, and the District of Columbia on March 12, 2012. The 

Subcommittee approved, by a poll, reporting H.R. 3902 to the full 

Committee on April 17, 2012. On April 25, 2012, the Committee 

considered the measure, which was adopted by voice vote and ordered reported favorably to the Senate. Members present for the 

vote on H.R. 3902 were Senators Lieberman, Levin, Akaka, Carper, 

McCaskill, Begich, Collins, Coburn, Brown, and Johnson. 


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IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section names the bill the ‘‘District of Columbia Special 

Election Reform Act.’’ 

Section 2. Timing of special elections for local office in District of 

Columbia 

This section contains three subsections specifying new scheduling 

requirements for special elections. The section directs the Board to 

schedule a special election on a Tuesday occurring between 70 and 

174 days after a vacancy occurs, and to base its choice as to which 

Tuesday on a totality of the circumstances, taking into account, 

among other things, cultural and religious holidays and the administrability of the election, with the goal being to provide the greatest level of voter participation. 

As part of the new scheduling requirements, this section also 

eliminates the current exemption that allows the Board to hold a 

special election on the same day as the next general election in the 

District if it occurs within 60 days of the date on which a special 

election would otherwise have been held. 

The first subsection amends the District of Columbia Home Rule 

Act to require this new scheduling for vacancies for the Office of 

the Chairman of the Council of the District of Columbia, or a Council member elected from a ward or elected at-large. 

The second subsection amends the District of Columbia Home 

Rule Act to require the new scheduling for vacancies for the Office 

of the Mayor of the District of Columbia. 

The third subsection amends the District of Columbia Home Rule 

Act to require the new scheduling for the Office of the Attorney 

General for the District of Columbia. 

Section 3. Effective date 

This section dictates that section 2 applies to vacancies occurring 

on or after the enactment of this Act. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. The Committee concurs with the 

Congressional Budget Office, which states that H.R. 3902 contains 

no intergovernmental or private-sector mandates as defined in the 

Unfunded Mandates Reform Act and would impose no costs on 

State, local, or tribal governments. The legislation contains no 

other regulatory impact. 

VI. ESTIMATED COST OF LEGISLATION

APRIL 27, 2012. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3902, the District of Columbia Special Election Reform Act. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 3902—District of Columbia Special Election Reform Act 

CBO estimates that enacting H.R. 3902 would have no effect on 

the federal budget. The bill would change the period of time during 

which the Board of Elections of the District of Columbia is required 

by law to hold a special election to fill a vacancy in the following 

positions: Chairman of the Council, Council Member, Mayor, and 

Attorney General. H.R. 3902 would not affect direct spending or 

revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 3902 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

On February 14, 2012, CBO provided a cost estimate for H.R. 

3902, as ordered reported by the House Committee on Oversight 

and Government Reform on February 7, 2012. The two versions of 

the legislation are similar and their costs are identical. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the following changes in existing law made by 

the bill, as reported, are shown as follows: (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman): 

DISTRICT OF COLUMBIA OFFICIAL CODE 

DIVISION I—GOVERNMENT OF DISTRICT 

TITLE 1—GOVERNMENT ORGANIZATION 

CHAPTER 2—DISTRICT OF COLUMBIA HOME RULE 

Subchapter IV—The District Charter 

PART A. THE COUNCIL 

Subpart 1. Creation of the Council 

§ 1–204.01. Creation and Membership 

(a) * * * 

(b) * * * 

* * * * * * * 

(3) To fill a vacancy in the Office of Chairman, the Board of 

Elections shall hold a special election in the District on the 


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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. 

øTo fill a vacancy in the Office of Chairman, the Board of Elections shall hold a special election in the District on the 1st 

Tuesday occurring more than 114 days after the date on which 

such vacancy occurs, unless the Board of Elections determines 

that such vacancy could be more practicably filled in a special 

election held on the same day as the next general election to 

be held in the District occurring within 60 days of the date on 

which a special election would otherwise have been held under 

the provisions of this paragraph.¿ The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Board of Elections certifies his 

election, and shall serve as Chairman only for the remainder 

of the term during which such vacancy occurred. When the Office of Chairman becomes vacant, the Council shall select one 

of the elected at-large members of the Council to serve as 

Chairman and one to serve as Chairman pro tempore until the 

election of a new Chairman. 

* * * * * * * 

(d)(1) 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. øIn 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 

such ward to fill such vacancy on the 1st Tuesday occurring more 

than 114 days after the date on which such vacancy occurs, unless 

the Board of Elections determines, that such vacancy could be more 

practicably filled in a special election held on the same day as the 

next general election to be held in the District occurring within 60 

days of the date on which a special election would otherwise have 

been held under the provisions of this subsection.¿ The person 

elected as a member to fill a vacancy on the Council shall take office on the day on which the Board of Elections certifies his election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. 

(2) In the event of a vacancy in the Office of Mayor, and if the 

Chairman becomes a candidate for the Office of Mayor to fill such 

vacancy, the Office of Chairman shall be deemed vacant as of the 

date of the filing of his candidacy. In the event of a vacancy in the 

Council of a member elected at large, other than a vacancy in the 

Office of Chairman, who is affiliated with a political party, the central committee of such political party shall appoint a person to fill 

such vacancy, until the Board of Elections can hold a special election to fill such vacancy, and such special election shall be held on 

the Tuesday occurring at least 70 days and not more than 174 days 


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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. øand such special election shall 

be held on the 1st Tuesday occurring more than 114 days after the 

date on which such vacancy occurs unless the Board of Elections 

determines that such vacancy could be more practicably filled in a 

special election held on the same day as the next general election 

to be held in the District occurring within 60 days of the date on 

which a special election would otherwise be held under the provisions of this subsection.¿ The person appointed to fill such vacancy 

shall take office on the date of his appointment and shall serve as 

a member of the Council until the day on which the Board certifies 

the election of the member elected to fill such vacancy in either a 

special election or a general election. The person elected as a member to fill such a vacancy on the Council shall take office on the 

day on which the Board of Elections certifies his election, and shall 

serve as a member of the Council only for the remainder of the 

term during which such vacancy occurred. With respect to a vacancy on the Council of a member elected at large who is not affiliated with any political party, the Council shall appoint a similarly 

non-affiliated person to fill such vacancy until such vacancy can be 

filled in a special election in the manner prescribed in this paragraph. Such person appointed by the Council shall take office and 

serve as a member at the same time and for the same term as a 

member appointed by a central committee of a political party. 

(3) * * * 

PART B. THE MAYOR 

§ 1–204.21. Election, Qualifications, Vacancy, and Compensation 

* * * * * * * 

(c) * * * 

* * * * * * * 

(2) 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. øTo fill a vacancy in the Office of Mayor, the Board 

of Elections shall hold a special election in the District on the 1st 

Tuesday occurring more than 114 days after the date on which 

such vacancy occurs, unless the Board of Elections determines, that 

such vacancy could be more practicably filled in a special election 

held on the same day as the next general election to be held in the 

District occurring within 60 days of the date on which a special 

election would otherwise have been held under the provisions of 

this paragraph.¿ The person elected Mayor to fill a vacancy in the 

Office of Mayor shall take office on the day on which the Board of 

Elections certifies his election, and shall serve as Mayor only for 


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the remainder of the term during which such vacancy occurred. 

When the Office of Mayor becomes vacant the Chairman shall become Acting Mayor and shall serve from the date such vacancy occurs until the date on which the Board of Elections certifies the 

election of the new Mayor at which time he shall again become 

Chairman. While the Chairman is Acting Mayor, the Chairman 

shall receive the compensation regularly paid the Mayor, and shall 

receive no compensation as Chairman or member of the Council. 

While the Chairman is Acting Mayor, the Council shall select one 

of the elected at-large members of the Council to serve as Chairman and one to serve as chairman pro tempore, until the return 

of the regularly elected Chairman. 

* * * * * * * 

PART C–I. ELECTION OF THE ATTORNEY 

GENERAL 

§ 1–204.35. Election of the Attorney General 

(a) * * * 

(b)(1) If a vacancy in the position of Attorney General occurs as 

a consequence of resignation, permanent disability, death, or other 

reason, 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 øthe Board 

of Elections shall hold a special election in the District on the 1st 

Tuesday occurring more than 114 days after the date on which the 

vacancy occurs, unless the Board of Elections determines that the 

vacancy could be more practicably filled in a special election held 

on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this 

paragraph¿. The person elected Attorney General to fill a vacancy 

in the Office of the Attorney General shall take office on the day 

in which the Board of Elections certifies his or her election, and 

shall serve as Attorney General only for the remainder of the term 

during which the vacancy occurred unless reelected. 

* * * * * * * 

Æ 


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