I 

113TH CONGRESS 

1ST SESSION H. R. 299 

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

Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2013 

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

Committee on House Administration, and in addition to the Committees 

on Oversight and 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 2013’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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

2 virtue of law, why the people of the District of Co3 lumbia, the capital of the United States of America, 

4 should not have full voting representation in the 

5 Congress of the United States. 

6 (2) Article I, section 8, clause 17 of the Con7 stitution of the United States, which authorized the 

8 creation of the District of Columbia, provides only 

9 that the Congress shall have ‘‘exclusive legislation in 

10 all cases whatsoever’’ over that District. 

11 (3) The same clause of the Constitution pro12 vides that Congress ‘‘shall exercise like authority 

13 over’’ other Federal territories that have been pur14 chased from the States for Federal purposes. Resi15 dents of other Federal enclaves, though also denied 

16 voting rights after becoming subject to exclusive 

17 Federal jurisdiction, have had restored their right to 

18 vote for and serve as elected Federal officials from 

19 their respective States which ceded the Federal en20 claves to the United States. 

21 (4) Congress has exercised its authority to reg22 ulate Federal elections under article I, section 4 of 

23 the Constitution to set the legal requirements that 

24 States must follow in establishing Congressional dis25 tricts. Congress has also exercised this authority to 


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1 require States to allow United States citizens who 

2 are former residents, and their children who are 

3 United States citizens, who are living overseas to 

4 vote in Federal elections in the previous State of res5 idence, notwithstanding the fact that such former 

6 residents and their children may have no intention 

7 of returning or establishing residence in that State, 

8 and notwithstanding the fact that such citizens are 

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

10 laws. 

11 (5) The entire territory of the current District 

12 of Columbia was ceded to the United States by the 

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

14 the United States. The portion of the original Dis15 trict of Columbia ceded to the United States by the 

16 Commonwealth of Virginia was returned to the au17 thority of that state in 1846, and the people who 

18 now reside in that area vote as citizens of the Com19 monwealth of Virginia. 

20 (6) The Supreme Court of the United States 

21 has found that the cession of legislative authority 

22 over the territory that became the District of Colum23 bia by the States of Maryland and Virginia did not 

24 remove that territory from the United States, and 

25 that the people who live in that territory are entitled 


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

2 Constitution that they formerly enjoyed as citizens 

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

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

5 (1901). Among those guarantees are the right to 

6 equal protection of the laws and the right to partici7 pate, equally with other Americans, in a Republican 

8 form of government. 

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

10 that now makes up the District of Columbia once 

11 voted in Maryland as citizens of Maryland, and Con12 gress by adoption of the Organic Act of 1801 sev13 ered the political connection between Maryland and 

14 the District of Columbia by statute, Congress has 

15 the power by statute to restore Maryland state citi16 zenship rights, including Federal electoral rights, 

17 that it took away by enacting the Organic Act of 

18 1801. 

19 SEC. 3. RESTORATION OF RIGHT OF DISTRICT OF COLUM20 BIA RESIDENTS TO PARTICIPATE AS MARY21 LAND RESIDENTS IN CONGRESSIONAL ELEC22 TIONS. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, for purposes of representation in the House 

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


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1 the District of Columbia to be eligible to participate in 

2 elections for the House of Representatives and Senate as 

3 Maryland residents in accordance with the laws of the 

4 State of Maryland, is hereby restored. 

5 (b) ELIGIBILITY TO HOLD CONGRESSIONAL OF6 FICE.—Notwithstanding any other provision of law, for 

7 purposes of determining eligibility to serve as a Member 

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

9 the residents of the District of Columbia to be considered 

10 inhabitants of the State of Maryland is hereby restored. 

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

12 respect to elections for Federal office occurring during 

13 2014 and any succeeding year. 

14 SEC. 4. RESTORATION OF RIGHT OF DISTRICT OF COLUM15 BIA RESIDENTS TO PARTICIPATE AS MARY16 LAND RESIDENTS IN PRESIDENTIAL ELEC17 TIONS. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, the right of the people of the District of Co20 lumbia to be eligible to participate in elections for electors 

21 of President and Vice President, and to serve as such elec22 tors as Maryland residents in accordance with the laws 

23 of the State of Maryland, is hereby restored. 

24 (b) ELIGIBILITY TO SERVE AS ELECTORS.—Notwith25 standing any other provision of law, for purposes of deterVerDate Mar 15 2010 23:00 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H299.IH H299

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1 mining eligibility to serve as electors of President and Vice 

2 President, the right of the residents of the District of Co3 lumbia to be considered inhabitants of the State of Mary4 land is hereby restored. 

5 (c) TERMINATION OF APPOINTMENT OF SEPARATE

6 ELECTORS BY DISTRICT OF COLUMBIA.—In accordance 

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

8 amendment to the Constitution and the authority under 

9 article I, section 8, to legislate for the District of Colum10 bia, and notwithstanding any other provision of law, Con11 gress directs that no electors of President and Vice Presi12 dent shall be appointed by the District of Columbia and 

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

14 in the electoral vote for President and Vice President. 

15 (d) CONFORMING AMENDMENT.— 

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

17 States Code, is amended by striking section 21. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions for chapter 1 of title 3, United States Code, 

20 is amended by striking the item relating to section 

21 21. 

22 SEC. 5. COMPOSITION OF HOUSE OF REPRESENTATIVES. 

23 (a) NUMBER AND APPORTIONMENT OF MARYLAND

24 MEMBERS.—For purposes of determining the number and 

25 apportionment of the Members of the House of RepresentVerDate Mar 15 2010 23:00 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H299.IH H299

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1 atives from the State of Maryland for the One Hundred 

2 Fourteenth Congress and each succeeding Congress, the 

3 population of the District of Columbia shall be added to 

4 the population of Maryland under the decennial census. 

5 (b) INCREASE IN MEMBERSHIP OF HOUSE OF REP6 RESENTATIVES.— 

7 (1) PERMANENT INCREASE IN NUMBER OF

8 MEMBERS.—Effective with respect to the One Hun9 dred Fourteenth Congress and each succeeding Con10 gress, the House of Representatives shall be com11 posed of 436 Members. 

12 (2) REAPPORTIONMENT OF MEMBERS RESULT13 ING FROM INCREASE.— 

14 (A) IN GENERAL.—Section 22(a) of the 

15 Act entitled ‘‘An Act to provide for the fifteenth 

16 and subsequent decennial censuses and to pro17 vide for apportionment of Representatives in 

18 Congress’’, approved June 28, 1929 (2 U.S.C. 

19 2a(a)), is amended by striking ‘‘the then exist20 ing number of Representatives’’ and inserting 

21 ‘‘the number of Representatives established 

22 with respect to the One Hundred Fourteenth 

23 Congress’’. 

24 (B) EFFECTIVE DATE.—The amendment 

25 made by subparagraph (A) shall apply with reVerDate Mar 15 2010 23:00 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H299.IH H299

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1 spect to the regular decennial census conducted 

2 for 2020 and each subsequent regular decennial 

3 census. 

4 (c) PROHIBITING DIVISION OF DISTRICT OF COLUM5 BIA INTO SEPARATE CONGRESSIONAL DISTRICTS.— 

6 (1) IN GENERAL.—Notwithstanding subsection 

7 (a), in establishing Congressional districts after the 

8 effective date of this section, the State of Maryland 

9 shall ensure that the entire area of the District of 

10 Columbia is included in the same Congressional dis11 trict (except as provided in paragraph (2)). 

12 (2) SPECIAL RULE IF POPULATION OF DISTRICT

13 EQUALS OR EXCEEDS AVERAGE POPULATION OF

14 MARYLAND CONGRESSIONAL DISTRICTS.—If the pop15 ulation of the District of Columbia equals or exceeds 

16 the average population of a Congressional district in 

17 the State of Maryland under the decennial census 

18 used for the apportionment of the Members of the 

19 House of Representatives from the State of Mary20 land, the State of Maryland shall ensure that at 

21 least one Congressional district in the State consists 

22 exclusively of territory within the District of Colum23 bia. 

24 (3) SPECIAL RULE FOR INITIAL DISTRICT.— 

25 Until the State of Maryland establishes CongresVerDate Mar 15 2010 23:00 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H299.IH H299

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1 sional districts to take into account the enactment of 

2 this section, the Congressional district of the addi3 tional Representative to which the State is entitled 

4 under this section shall consist exclusively of the 

5 area of the District of Columbia. 

6 SEC. 6. COORDINATION OF ELECTION ADMINISTRATION. 

7 (a) APPLICATION OF MARYLAND ELECTION LAWS.— 

8 (1) IN GENERAL.—Federal elections in the Dis9 trict of Columbia shall be administered and carried 

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

11 applicable laws of the State of Maryland. 

12 (2) TREATMENT OF DISTRICT AS UNIT OF

13 LOCAL GOVERNMENT.—For purposes of the laws of 

14 the State of Maryland which apply to Federal elec15 tions in the District of Columbia pursuant to para16 graph (1), the District of Columbia shall be consid17 ered to be a unit of local government within the 

18 State of Maryland with responsibility for the admin19 istration of Federal elections. 

20 (b) CONFORMING AMENDMENTS TO HELP AMERICA

21 VOTE ACT OF 2002.— 

22 (1) TREATMENT OF DISTRICT OF COLUMBIA AS

23 PART OF MARYLAND.—Section 901 of the Help 

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

25 amended— 


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

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

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

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

5 subsection: 

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

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

8 following shall apply: 

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

10 Maryland shall be considered to include the voting 

11 age population of the District of Columbia for pur12 poses of sections 101(d)(4) and 252(b). 

13 ‘‘(2) The District of Columbia shall be consid14 ered a unit of local government or jurisdiction lo15 cated within the State of Maryland. 

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

17 in the District of Columbia shall be considered to 

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

19 (c) CONFORMING AMENDMENTS TO OTHER FEDERAL

20 ELECTION LAWS.— 

21 (1) UNIFORMED AND OVERSEAS CITIZENS AB22 SENTEE VOTING ACT.— 

23 (A) IN GENERAL.—Title I of the Uni24 formed and Overseas Citizens Absentee Voting 


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

2 adding at the end the following new section: 

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

4 DISTRICT OF COLUMBIA. 

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

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

7 overseas voter who is a resident of the District of 

8 Columbia shall be considered to be a resident of the 

9 State of Maryland. 

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

11 in the District of Columbia shall be considered to 

12 take place in the State of Maryland. 

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

14 officials of the State of Maryland, shall be respon15 sible for carrying out the provisions of this title with 

16 respect to voters who are residents of the District of 

17 Columbia.’’. 

18 (B) CONFORMING AMENDMENT.—Section 

19 107(6) of the Uniformed and Overseas Citizens 

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

21 amended by striking ‘‘the District of Colum22 bia,’’. 

23 (2) NATIONAL VOTER REGISTRATION ACT OF

24 1973.— 


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1 (A) IN GENERAL.—The National Voter 

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

3 seq.) is amended— 

4 (i) by redesignating section 13 as sec5 tion 14; and 

6 (ii) by adding at the end the following 

7 new section: 

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

9 DISTRICT OF COLUMBIA. 

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

11 ‘‘(1) The District of Columbia shall be consid12 ered a registrar’s jurisdiction within the State of 

13 Maryland. 

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

15 in the District of Columbia shall be considered to 

16 take place in the State of Maryland. 

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

18 officials of the State of Maryland, shall be respon19 sible for carrying out this Act with respect to the 

20 District of Columbia, except that— 

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

22 driver’s license applications and the motor vehi23 cle authority of the District of Columbia in the 

24 same manner as that section applies to a State, 

25 and the State of Maryland shall provide the 


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1 District of Columbia with such forms and other 

2 materials as the District of Columbia may re3 quire to carry out that section; and 

4 ‘‘(B) the District of Columbia shall des5 ignate voter registration agencies under section 

6 7 in the same manner as a State, and the State 

7 of Maryland shall provide the District of Co8 lumbia with such forms and other materials as 

9 the District of Columbia may require to carry 

10 out that section.’’. 

11 (B) CONFORMING AMENDMENT.—Section 

12 3(4) of such Act (42 U.S.C. gg–1(4)) is amend13 ed by striking ‘‘and the District of Columbia’’. 

14 (3) VOTING ACCESSIBILITY FOR THE ELDERLY

15 AND HANDICAPPED ACT.— 

16 (A) IN GENERAL.—The Voting Accessi17 bility for the Elderly and Handicapped Act (42 

18 U.S.C. 1973ee et seq.) is amended— 

19 (i) by redesignating section 8 as sec20 tion 9; and 

21 (ii) by inserting after section 7 the 

22 following new section: 

23 ‘‘SPECIAL RULE FOR STATE OF MARYLAND AND DISTRICT

24 OF COLUMBIA

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

26 apply: 


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1 ‘‘(1) The District of Columbia shall be consid2 ered a political subdivision of the State of Maryland. 

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

4 in the District of Columbia shall be considered to 

5 take place in the State of Maryland. 

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

7 for carrying out this Act with respect to the District 

8 of Columbia.’’. 

9 (B) CONFORMING AMENDMENT.—Section 

10 8(5) of such Act (42 U.S.C. 1973ee–6(5)) is 

11 amended by striking ‘‘the District of Colum12 bia,’’. 

13 (d) CONFORMING AMENDMENT TO HOME RULE

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

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

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

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

18 District of Columbia Voting Rights Restoration Act of 

19 2013.’’. 

20 (e) OTHER CONFORMING AMENDMENT TO DISTRICT

21 OF COLUMBIA ELECTION LAW.—The District of Columbia 

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

23 the following new section: 


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

2 FOR ADMINISTRATION OF FEDERAL ELEC3 TIONS. 

4 ‘‘Notwithstanding any other provision of this Code or 

5 other law or regulation of the District of Columbia— 

6 ‘‘(1) any election for Federal office in the Dis7 trict of Columbia shall be administered and carried 

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

9 applicable law of the State of Maryland; and 

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

11 respect to any election for Federal office to the ex12 tent that the provision is inconsistent with the appli13 cable law of the State of Maryland.’’. 

14 (f) EFFECTIVE DATE.—This section and the amend15 ments made by this section shall apply with respect to 

16 elections for Federal office occurring during 2014 and any 

17 succeeding year. 

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

19 DELEGATE. 

20 (a) IN GENERAL.—Sections 202 and 204 of the Dis21 trict of Columbia Delegate Act (Public Law 91–405; sec22 tions 1–401 and 1–402, D.C. Official Code) are repealed, 

23 and the provisions of law amended or repealed by such 

24 sections are restored or revived as if such sections had 

25 not been enacted. 


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1 (b) CONFORMING AMENDMENTS TO DISTRICT OF CO2 LUMBIA ELECTIONS CODE OF 1955.—The District of Co3 lumbia Elections Code of 1955 is amended— 

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

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

6 Representatives’’; 

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

8 Code)— 

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

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

11 Delegate to Congress for the District of Colum12 bia’’; 

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

14 Code)— 

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

16 and 

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

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

19 (j)(1); 

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

21 Code)— 

22 (A) by striking subparagraph (A) of sub23 section (a)(3), and 

24 (B) in subsection (d)— 


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

2 it appears in paragraph (1), and 

3 (ii) by striking paragraph (2) and re4 designating paragraph (3) as paragraph 

5 (2); 

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

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

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

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

10 the Congress from the District of Columbia’’. 

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

12 this section shall apply with respect to elections occurring 

13 during 2014 and any succeeding year. 

14 SEC. 8. REPEAL OF OFFICES OF STATEHOOD REPRESENTA15 TIVE AND SENATOR. 

16 (a) IN GENERAL.—Section 4 of the District of Co17 lumbia Statehood Constitutional Convention Initiative of 

18 1979 (sec. 1–123, D.C. Official Code) is amended by strik19 ing subsections (d) through (h). 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) STATEHOOD COMMISSION.—Section 6 of 

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

23 amended— 

24 (A) in subsection (a)— 


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

2 and inserting ‘‘24 voting members’’, 

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

4 paragraph (4); and 

5 (iii) by striking paragraphs (5) and 

6 (6) and redesignating paragraph (7) as 

7 paragraph (5); and 

8 (B) in subsection (a–1)(1), by striking sub9 paragraphs (F), (G), and (H). 

10 (2) AUTHORIZATION OF APPROPRIATIONS.— 

11 Section 8 of such Initiative (sec. 1–127, D.C. Offi12 cial Code) is hereby repealed. 

13 (3) APPLICATION OF HONORARIA LIMITA14 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 

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

16 (4) APPLICATION OF CAMPAIGN FINANCE

17 LAWS.—Section 3 of the Statehood Convention Pro18 cedural Amendments Act of 1982 (sec. 1–135, D.C. 

19 Official Code) is hereby repealed. 

20 (5) LIST OF ELECTED OFFICIALS.—Section 

21 2(13) of the District of Columbia Elections Code of 

22 1955 (sec. 1–1001.02(13), D.C. Official Code) is 

23 amended by striking ‘‘United States Senator and 

24 Representative,’’. 


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1 SEC. 9. NONSEVERABILITY OF CERTAIN PROVISIONS. 

2 If any provision of sections 3, 5(a), or 5(b) of this 

3 Act, or the application thereof to any person or cir4 cumstance, is held invalid, the remaining provisions of this 

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

6 as invalid. 

7 SEC. 10. RULES OF CONSTRUCTION. 

8 Nothing in this Act may be construed— 

9 (1) to permit residents of the District of Colum10 bia to vote in elections for State or local office in the 

11 State of Maryland or to permit nonresidents of the 

12 District of Columbia to vote in elections for local of13 fice in the District of Columbia; 

14 (2) to affect the power of Congress under arti15 cle I, section 8, clause 17 of the Constitution to ex16 ercise exclusive legislative authority over the District 

17 of Columbia; or 

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

19 the District of Columbia under the District of Co20 lumbia Home Rule Act (except as specifically pro21 vided in this Act). 

Æ 


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