I 

108TH CONGRESS 

2D SESSION H. R. 3709

To restore the Federal electoral rights of the residents of the District of 

Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2004

Mr. ROHRABACHER introduced the following bill; which was referred to the 

Committee on House Administration, and in addition to the Committees 

on Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL

To restore the Federal electoral rights of the residents of 

the District of Columbia, and for other purposes.

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 Voting Rights Restoration Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) There is no reason, either historically or by 

9 virtue of law, why the people of the District of CoVerDate jul 14 2003 22:31 Jan 21, 2004 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3709.IH H3709
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1 lumbia, the capital of the United States of America, 

2 should not have full voting representation in the 

3 Congress of the United States. 

4 (2) Article I, section 8, clause 17 of the Con5 stitution of the United States, which authorized the 

6 creation of the District of Columbia, provides only 

7 that the Congress shall have ‘‘exclusive legislation in 

8 all cases whatsoever’’ over that District. 

9 (3) The same clause of the Constitution pro10 vides that Congress ‘‘shall exercise like authority 

11 over’’ other Federal territories that have been pur12 chased from the States for Federal purposes. Resi13 dents of other Federal enclaves, though also denied 

14 voting rights after becoming subject to exclusive 

15 Federal jurisdiction, have had restored their right to 

16 vote for and serve as elected Federal officials from 

17 their respective States which ceded the Federal en18 claves to the United States. 

19 (4) Congress has exercised its authority to reg20 ulate Federal elections under article I, section 4 of 

21 the Constitution to set the legal requirements that 

22 States must follow in establishing Congressional dis23 tricts. Congress has also exercised this authority to 

24 require States to allow United States citizens who 

25 are former residents, and their children who are 

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1 United States citizens, who are living overseas to 

2 vote in Federal elections in the previous State of res3 idence, notwithstanding the fact that such former 

4 residents and their children may have no intention 

5 of returning or establishing residence in that State, 

6 and notwithstanding the fact that such citizens are 

7 not subject to the laws of that State, including tax 

8 laws. 

9 (5) The entire territory of the current District 

10 of Columbia was ceded to the United States by the 

11 State of Maryland, one of the original 13 States of 

12 the United States. The portion of the original Dis13 trict of Columbia ceded to the United States by the 

14 Commonwealth of Virginia was returned to the au15 thority of that state in 1846, and the people who 

16 now reside in that area vote as citizens of the Com17 monwealth of Virginia. 

18 (6) The Supreme Court of the United States 

19 has found that the cession of legislative authority 

20 over the territory that became the District of Colum21 bia by the States of Maryland and Virginia did not 

22 remove that territory from the United States, and 

23 that the people who live in that territory are entitled 

24 to all the rights, guarantees, and immunities of the 

25 Constitution that they formerly enjoyed as citizens 

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1 of those States. O’Donoghue v. United States, 289 

2 U.S. 516 (1933); Downes v. Bidwell, 182 U.S. 244 

3 (1901). Among those guarantees are the right to 

4 equal protection of the laws and the right to partici5 pate, equally with other Americans, in a Republican 

6 form of government. 

7 (7) Since the people who lived in the territory 

8 that now makes up the District of Columbia once 

9 voted in Maryland as citizens of Maryland, and Con10 gress by adoption of the Organic Act of 1801 sev11 ered the political connection between Maryland and 

12 the District of Columbia by statute, Congress has 

13 the power by statute to restore Maryland state citi14 zenship rights, including Federal electoral rights, 

15 that it took away by enacting the Organic Act of 

16 1801. 

17 SEC. 3. RESTORATION OF RIGHT OF DISTRICT OF COLUM18 BIA RESIDENTS TO PARTICIPATE AS MARY19 LAND RESIDENTS IN CONGRESSIONAL ELEC20 TIONS. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, for purposes of representation in the House 

23 of Representatives and Senate, the right of the people of 

24 the District of Columbia to be eligible to participate in 

25 elections for the House of Representatives and Senate as 

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1 Maryland residents in accordance with the laws of the 

2 State of Maryland, is hereby restored. 

3 (b) ELIGIBILITY TO HOLD CONGRESSIONAL OF4 FICE.—Notwithstanding any other provision of law, for 

5 purposes of determining eligibility to serve as a Member 

6 of the House of Representatives or Senate, the right of 

7 the residents of the District of Columbia to be considered 

8 inhabitants of the State of Maryland is hereby restored. 

9 (c) EFFECTIVE DATE.—This section shall apply with 

10 respect to elections for Federal office occurring during 

11 2006 and any succeeding year. 

12 SEC. 4. RESTORATION OF RIGHT OF DISTRICT OF COLUM13 BIA RESIDENTS TO PARTICIPATE AS MARY14 LAND RESIDENTS IN PRESIDENTIAL ELEC15 TIONS. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, the right of the people of the District of Co18 lumbia to be eligible to participate in elections for electors 

19 of President and Vice President, and to serve as such elec20 tors as Maryland residents in accordance with the laws 

21 of the State of Maryland, is hereby restored. 

22 (b) ELIGIBILITY TO SERVE AS ELECTORS.—Notwith23 standing any other provision of law, for purposes of deter24 mining eligibility to serve as electors of President and Vice 

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1 lumbia to be considered inhabitants of the State of Mary2 land is hereby restored. 

3 (c) TERMINATION OF APPOINTMENT OF SEPARATE

4 ELECTORS BY DISTRICT OF COLUMBIA.—In accordance 

5 with the authority under sections 1 and 2 of the 23rd 

6 amendment to the Constitution and the authority under 

7 article I, Section 8, to legislate for the District of Colum8 bia, and notwithstanding any other provision of law, Con9 gress directs that no electors of President and Vice Presi10 dent shall be appointed by the District of Columbia and 

11 that no votes from such electors shall be cast or counted 

12 in the electoral vote for President and Vice President. 

13 (d) CONFORMING AMENDMENT.—

14 (1) IN GENERAL.—Chapter 1 of title 3, United 

15 States Code, is amended by striking section 21. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions for chapter 1 of title 3, United States Code, 

18 is amended by striking the item relating to section 

19 21. 

20 (e) EFFECTIVE DATE.—This section and the amend21 ments made by this section shall apply with respect to 

22 Presidential elections beginning with the 2008 Presi23 dential election. 

24 SEC. 5. COORDINATION OF ELECTION ADMINISTRATION. 

25 (a) APPLICATION OF MARYLAND ELECTION LAWS.—

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1 (1) IN GENERAL.—Federal elections in the Dis2 trict of Columbia shall be administered and carried 

3 out by the State of Maryland, in accordance with the 

4 applicable laws of the State of Maryland. 

5 (2) TREATMENT OF DISTRICT AS UNIT OF

6 LOCAL GOVERNMENT.—For purposes of the laws of 

7 the State of Maryland which apply to Federal elec8 tions in the District of Columbia pursuant to para9 graph (1), the District of Columbia shall be consid10 ered to be a unit of local government within the 

11 State of Maryland with responsibility for the admin12 istration of Federal elections. 

13 (b) CONFORMING AMENDMENTS TO HELP AMERICA

14 VOTE ACT OF 2002.—

15 (1) TREATMENT OF DISTRICT OF COLUMBIA AS

16 PART OF MARYLAND.—Section 901 of the Help 

17 America Vote Act of 2002 (42 U.S.C. 15541) is 

18 amended—

19 (A) by striking ‘‘the District of Columbia’’; 

20 (B) by striking ‘‘In this Act’’ and inserting 

21 ‘‘(a) IN GENERAL.—In this Act’’; and 

22 (C) by adding at the end the following new 

23 subsection: 

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1 ‘‘(b) SPECIAL RULE FOR STATE OF MARYLAND AND

2 DISTRICT OF COLUMBIA.—For purposes of this Act, the 

3 following shall apply: 

4 ‘‘(1) The voting age population of the State of 

5 Maryland shall be considered to include the voting 

6 age population of the District of Columbia for pur7 poses of sections 101(d)(4) and 252(b). 

8 ‘‘(2) The District of Columbia shall be consid9 ered a unit of local government or jurisdiction lo10 cated within the State of Maryland. 

11 ‘‘(3) An election for Federal office taking place 

12 in the District of Columbia shall be considered to 

13 take place in the State of Maryland.’’. 

14 (c) CONFORMING AMENDMENTS TO OTHER FEDERAL

15 ELECTION LAWS.—

16 (1) UNIFORMED AND OVERSEAS CITIZENS AB17 SENTEE VOTING ACT.—

18 (A) IN GENERAL.—Title I of the Uni19 formed and Overseas Citizens Absentee Voting 

20 Act (42 U.S.C. 1973ff et seq.) is amended by 

21 adding at the end the following new section: 

22 ‘‘SEC. 108. SPECIAL RULE FOR STATE OF MARYLAND AND 

23 DISTRICT OF COLUMBIA. 

24 ‘‘For purposes of this title, the following shall apply: 

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1 ‘‘(1) An absent uniformed services voter or 

2 overseas voter who is a resident of the District of 

3 Columbia shall be considered to be a resident of the 

4 State of Maryland. 

5 ‘‘(2) An election for Federal office taking place 

6 in the District of Columbia shall be considered to 

7 take place in the State of Maryland. 

8 ‘‘(3) The State of Maryland, and the election 

9 officials of the State of Maryland, shall be respon10 sible for carrying out the provisions of this title with 

11 respect to voters who are residents of the District of 

12 Columbia.’’. 

13 (B) CONFORMING AMENDMENT.—Section 

14 107(6) of the Uniformed and Overseas Citizens 

15 Absentee Voting Act (42 U.S.C. 1973ff–6) is 

16 amended by striking ‘‘the District of Colum17 bia,’’. 

18 (2) NATIONAL VOTER REGISTRATION ACT OF

19 1973.—

20 (A) IN GENERAL.—The National Voter 

21 Registration Act of 1973 (42 U.S.C. 1973gg et 

22 seq.) is amended—

23 (i) by redesignating section 13 as sec24 tion 14; and 

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1 (ii) by adding at the end the following 

2 new section: 

3 ‘‘SEC. 12. SPECIAL RULE FOR STATE OF MARYLAND AND 

4 DISTRICT OF COLUMBIA. 

5 ‘‘For purposes of this Act, the following shall apply: 

6 ‘‘(1) The District of Columbia shall be consid7 ered a registrar’s jurisdiction within the State of 

8 Maryland. 

9 ‘‘(2) An election for Federal office taking place 

10 in the District of Columbia shall be considered to 

11 take place in the State of Maryland. 

12 ‘‘(3) The State of Maryland, and the election 

13 officials of the State of Maryland, shall be respon14 sible for carrying out this Act with respect to the 

15 District of Columbia, except that—

16 ‘‘(A) section 5 shall apply to motor vehicle 

17 driver’s license applications and the motor vehi18 cle authority of the District of Columbia in the 

19 same manner as that section applies to a State, 

20 and the State of Maryland shall provide the 

21 District of Columbia with such forms and other 

22 materials as the District of Columbia may re23 quire to carry out that section; and 

24 ‘‘(B) the District of Columbia shall des25 ignate voter registration agencies under section 

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1 7 in the same manner as a State, and the State 

2 of Maryland shall provide the District of Co3 lumbia with such forms and other materials as 

4 the District of Columbia may require to carry 

5 out that section.’’. 

6 (B) CONFORMING AMENDMENT.—Section 

7 3(4) of such Act (42 U.S.C. gg–1(4)) is amend8 ed by striking ‘‘and the District of Columbia’’. 

9 (3) VOTING ACCESSIBILITY FOR THE ELDERLY

10 AND HANDICAPPED ACT.—

11 (A) IN GENERAL.—The Voting Accessi12 bility for the Elderly and Handicapped Act (42 

13 U.S.C. 1973ee et seq.) is amended—

14 (i) by redesignating section 8 as sec15 tion 9; and 

16 (ii) by inserting after section 7 the 

17 following new section: 

18 ‘‘SPECIAL RULE FOR STATE OF MARYLAND AND DISTRICT

19 OF COLUMBIA

20 ‘‘SEC. 8. For purposes of this Act, the following shall 

21 apply: 

22 ‘‘(1) The District of Columbia shall be consid23 ered a political subdivision of the State of Maryland. 

24 ‘‘(2) An election for Federal office taking place 

25 in the District of Columbia shall be considered to 

26 take place in the State of Maryland. 

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1 ‘‘(3) The State of Maryland shall be responsible 

2 for carrying out this Act with respect to the District 

3 of Columbia.’’. 

4 (B) CONFORMING AMENDMENT.—Section 

5 8(5) of such Act (42 U.S.C. 1973ee–6(5)) is 

6 amended by striking ‘‘the District of Colum7 bia,’’. 

8 (d) CONFORMING AMENDMENT TO HOME RULE

9 ACT.—Section 752 of the District of Columbia Home Rule 

10 Act (sec. 1–207.52, D.C. Official Code) is amended by 

11 striking the period at the end and inserting the following: 

12 ‘‘, except to the extent required under section 5 of the 

13 District of Columbia Voting Rights Restoration Act of 

14 2004.’’. 

15 (e) OTHER CONFORMING AMENDMENT TO DISTRICT

16 OF COLUMBIA ELECTION LAW.—The District of Columbia 

17 Elections Code of 1955 is amended by adding at the end 

18 the following new section: 

19 ‘‘SEC. 18. APPLICABILITY OF MARYLAND ELECTION LAW 

20 FOR ADMINISTRATION OF FEDERAL ELEC21 TIONS. 

22 ‘‘Notwithstanding any other provision of this Code or 

23 other law or regulation of the District of Columbia—

24 ‘‘(1) any election for Federal office in the Dis25 trict of Columbia shall be administered and carried 

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1 out by the State of Maryland, in accordance with the 

2 applicable law of the State of Maryland; and 

3 ‘‘(2) no provision of this Code shall apply with 

4 respect to any election for Federal office to the ex5 tent that the provision is inconsistent with the appli6 cable law of the State of Maryland.’’. 

7 (f) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall apply with respect to 

9 elections for Federal office occurring during 2006 and any 

10 succeeding year. 

11 SEC. 6. TRANSITION PROVISIONS FOR HOUSE OF REP12 RESENTATIVES. 

13 (a) NUMBER AND APPORTIONMENT OF MARYLAND

14 MEMBERS.—For purposes of determining the number and 

15 apportionment of the members of the House of Represent16 atives from the State of Maryland for the One Hundred 

17 Tenth Congress and each succeeding Congress, the popu18 lation of the District of Columbia shall be added to the 

19 population of Maryland under the decennial census. 

20 (b) TEMPORARY INCREASE IN APPORTIONMENT.—

21 (1) IN GENERAL.—Effective January 3, 2007, 

22 and until the taking effect of the first reapportion23 ment occurring after the regular decennial census 

24 conducted for 2010—

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1 (A) the membership of the House of Rep2 resentatives shall be increased by 2; 

3 (B) the State of Maryland, together with 

4 the State identified by the Clerk of the House 

5 of Representatives in the report submitted 

6 under paragraph (2), shall each be entitled to 

7 one additional Representative; and 

8 (C) each such Representative shall be in 

9 addition to the membership of the House of 

10 Representatives as now prescribed by law. 

11 (2) TRANSMITTAL OF REVISED APPORTION12 MENT INFORMATION BY PRESIDENT AND CLERK.—

13 (A) STATEMENT OF APPORTIONMENT BY

14 PRESIDENT.—Not later than December 1, 

15 2004, the President shall transmit to Congress 

16 a revised version of the most recent statement 

17 of apportionment submitted under section 22(a) 

18 of the Act entitled ‘‘An Act to provide for the 

19 fifteenth and subsequent decennial censuses and 

20 to provide for apportionment of Representatives 

21 in Congress’’, approved June 28, 1929 (2 

22 U.S.C. 2a(a)), to take into account the provi23 sions of this section. 

24 (B) REPORT BY CLERK.—Not later than 

25 15 calendar days after receiving the revised 

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1 version of the statement of apportionment 

2 under subparagraph (A), the Clerk of the 

3 House of Representatives, in accordance with 

4 section 22(b) of such Act (2 U.S.C. 2a(b)), 

5 shall send to the executive of the State (other 

6 than the State of Maryland) entitled to one ad7 ditional Representative pursuant to this section 

8 a certificate of the number of Representatives 

9 to which such State is entitled under section 22 

10 of such Act, and shall submit a report identi11 fying that State to the Speaker of the House of 

12 Representatives. 

13 (3) INCREASE NOT COUNTED AGAINST TOTAL

14 NUMBER OF MEMBERS.—The temporary increase in 

15 the membership of the House of Representatives 

16 provided under paragraph (1) shall not operate to ei17 ther increase or decrease the permanent membership 

18 of the House of Representatives as prescribed in the 

19 Act of August 8, 1911 (2 U.S.C. 2), nor shall such 

20 temporary increase affect the basis of reapportion21 ment established by the Act of June 28, 1929, as 

22 amended (2 U.S.C. 2a), for the Eighty Second Con23 gress and each Congress thereafter. 

24 (c) PROHIBITING DIVISION OF DISTRICT OF COLUM25 BIA INTO SEPARATE CONGRESSIONAL DISTRICTS.—

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1 (1) IN GENERAL.—Notwithstanding subsection 

2 (a), in establishing Congressional districts after the 

3 effective date of this section, the State of Maryland 

4 shall ensure that the entire area of the District of 

5 Columbia is included in the same Congressional dis6 trict (except as provided in paragraph (2)). 

7 (2) SPECIAL RULE IF POPULATION OF DISTRICT

8 EQUALS OR EXCEEDS AVERAGE POPULATION OF

9 MARYLAND CONGRESSIONAL DISTRICTS.—If the pop10 ulation of the District of Columbia equals or exceeds 

11 the average population of a Congressional district in 

12 the State of Maryland under the decennial census 

13 used for the apportionment of the Members of the 

14 House of Representatives from the State of Mary15 land, the State of Maryland shall ensure that at 

16 least one Congressional district in the State consists 

17 exclusively of territory within the District of Colum18 bia. 

19 (3) SPECIAL RULE FOR INITIAL DISTRICT.—

20 Until the State of Maryland establishes Congres21 sional districts to take into account the enactment of 

22 this section, the Congressional district of the addi23 tional Representative to which the State is entitled 

24 under this section shall consist exclusively of the 

25 area of the District of Columbia. 

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1 SEC. 7. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA 

2 DELEGATE. 

3 (a) IN GENERAL.—Sections 202 and 204 of the Dis4 trict of Columbia Delegate Act (Public Law 91–405; sec5 tions 1–401 and 1–402, D.C. Official Code) are repealed, 

6 and the provisions of law amended or repealed by such 

7 sections are restored or revived as if such sections had 

8 not been enacted. 

9 (b) CONFORMING AMENDMENTS TO DISTRICT OF CO10 LUMBIA ELECTIONS CODE OF 1955.—The District of Co11 lumbia Elections Code of 1955 is amended—

12 (1) in section 1 (sec. 1–1001.01, D.C. Official 

13 Code), by striking ‘‘the Delegate to the House of 

14 Representatives’’; 

15 (2) in section 2 (sec. 1–1001.02, D.C. Official 

16 Code)—

17 (A) by striking paragraph (6), and 

18 (B) in paragraph (13), by striking ‘‘the 

19 Delegate to Congress for the District of Colum20 bia’’; 

21 (3) in section 8 (sec. 1–1001.08, D.C. Official 

22 Code)—

23 (A) by striking ‘‘Delegate’’ in the heading, 

24 and 

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1 (B) by striking ‘‘Delegate,’’ each place it 

2 appears in subsections (h)(1)(A), (i)(1), and 

3 (j)(1); 

4 (4) in section 10 (sec. 1–1001.10, D.C. Official 

5 Code)—

6 (A) by striking subparagraph (A) of sub7 section (a)(3), and 

8 (B) in subsection (d)—

9 (i) by striking ‘‘Delegate,’’ each place 

10 it appears in paragraph (1), and 

11 (ii) by striking paragraph (2) and re12 designating paragraph (3) as paragraph 

13 (2); 

14 (5) in section 15(b) (sec. 1–1001.15(b), D.C. 

15 Official Code), by striking ‘‘Delegate,’’; and 

16 (6) in section 17(a) (sec. 1–1001.17(a), D.C. 

17 Official Code), by striking ‘‘except the Delegate to 

18 the Congress from the District of Columbia’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply with respect to elections occurring 

21 during 2006 and any succeeding year. 

22 SEC. 8. REPEAL OF OFFICES OF STATEHOOD REPRESENTA23 TIVE AND SENATOR. 

24 (a) IN GENERAL.—Section 4 of the District of Co25 lumbia Statehood Constitutional Convention Initiative of 

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1 1979 (sec. 1–123, D.C. Official Code) is amended by strik2 ing subsections (d) through (h). 

3 (b) CONFORMING AMENDMENTS.—

4 (1) STATEHOOD COMMISSION.—Section 6 of 

5 such Initiative (sec. 1–125, D.C. Official Code) is 

6 amended—

7 (A) in subsection (a)—

8 (i) by striking ‘‘27 voting members’’ 

9 and inserting ‘‘24 voting members’’, 

10 (ii) by adding ‘‘and’’ at the end of 

11 paragraph (4); and 

12 (iii) by striking paragraphs (5) and 

13 (6) and redesignating paragraph (7) as 

14 paragraph (5); and 

15 (B) in subsection (a–1)(1), by striking sub16 paragraphs (F), (G), and (H). 

17 (2) AUTHORIZATION OF APPROPRIATIONS.—

18 Section 8 of such Initiative (sec. 1–127, D.C. Offi19 cial Code) is hereby repealed. 

20 (3) APPLICATION OF HONORARIA LIMITA21 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 

22 D.C. Official Code) is hereby repealed. 

23 (4) APPLICATION OF CAMPAIGN FINANCE

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1 cedural Amendments Act of 1982 (sec. 1–135, D.C. 

2 Official Code) is hereby repealed. 

3 (5) LIST OF ELECTED OFFICIALS.—Section 

4 2(13) of the District of Columbia Elections Code of 

5 1955 (sec. 1–1001.02(13), D.C. Official Code) is 

6 amended by striking ‘‘United States Senator and 

7 Representative,’’. 

8 SEC. 9. NONSEVERABILITY OF CERTAIN PROVISIONS. 

9 If any provision of sections 3, 6(a), or 6(b) of this 

10 Act, or the application thereof to any person or cir11 cumstance, is held invalid, the remaining provisions of this 

12 Act or any amendment made by this Act shall be treated 

13 as invalid. 

14 SEC. 10. RULES OF CONSTRUCTION. 

15 Nothing in this Act may be construed—

16 (1) to permit residents of the District of Colum17 bia to vote in elections for State or local office in the 

18 State of Maryland or to permit nonresidents of the 

19 District of Columbia to vote in elections for local of20 fice in the District of Columbia; 

21 (2) to affect the power of Congress under arti22 cle I, section 8, clause 17 of the Constitution to ex23 ercise exclusive legislative authority over the District 

24 of Columbia; or 

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1 (3) to affect the powers of the Government of 

2 the District of Columbia under the District of Co3 lumbia Home Rule Act (except as specifically pro4 vided in this Act).

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