I 

109TH CONGRESS 

1ST SESSION H. R. 190 

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

Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

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 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 2005’’. 

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 Co-
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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 

25 President, the right of the residents of the District of Co-
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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 SEC. 5. COORDINATION OF ELECTION ADMINISTRATION. 

21 (a) APPLICATION OF MARYLAND ELECTION LAWS.— 

22 (1) IN GENERAL.—Federal elections in the Dis23 trict of Columbia shall be administered and carried 

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

25 applicable laws of the State of Maryland. 
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1 (2) TREATMENT OF DISTRICT AS UNIT OF

2 LOCAL GOVERNMENT.—For purposes of the laws of 

3 the State of Maryland which apply to Federal elec4 tions in the District of Columbia pursuant to para5 graph (1), the District of Columbia shall be consid6 ered to be a unit of local government within the 

7 State of Maryland with responsibility for the admin8 istration of Federal elections. 

9 (b) CONFORMING AMENDMENTS TO HELP AMERICA

10 VOTE ACT OF 2002.— 

11 (1) TREATMENT OF DISTRICT OF COLUMBIA AS

12 PART OF MARYLAND.—Section 901 of the Help 

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

14 amended— 

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

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

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

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

19 subsection: 

20 ‘‘(b) SPECIAL RULE FOR STATE OF MARYLANDAND

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

22 following shall apply: 

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

24 Maryland shall be considered to include the voting 
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1 age population of the District of Columbia for pur2 poses of sections 101(d)(4) and 252(b). 

3 ‘‘(2) The District of Columbia shall be consid4 ered a unit of local government or jurisdiction lo5 cated within the State of Maryland. 

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

7 in the District of Columbia shall be considered to 

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

9 (c) CONFORMING AMENDMENTS TO OTHER FEDERAL

10 ELECTION LAWS.— 

11 (1) UNIFORMEDANDOVERSEAS CITIZENS AB12 SENTEE VOTING ACT.— 

13 (A) IN GENERAL.—Title I of the Uni14 formed and Overseas Citizens Absentee Voting 

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

16 adding at the end the following new section: 

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

18 DISTRICT OF COLUMBIA. 

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

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

21 overseas voter who is a resident of the District of 

22 Columbia shall be considered to be a resident of the 

23 State of Maryland. 
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1 ‘‘(2) An election for Federal office taking place 

2 in the District of Columbia shall be considered to 

3 take place in the State of Maryland. 

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

5 officials of the State of Maryland, shall be respon6 sible for carrying out the provisions of this title with 

7 respect to voters who are residents of the District of 

8 Columbia.’’. 

9 (B) CONFORMING AMENDMENT.—Section 

10 107(6) of the Uniformed and Overseas Citizens 

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

12 amended by striking ‘‘the District of Colum13 bia,’’. 

14 (2) NATIONAL VOTER REGISTRATION ACT OF

15 1973.— 

16 (A) IN GENERAL.—The National Voter 

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

18 seq.) is amended— 

19 (i) by redesignating section 13 as sec20 tion 14; and 

21 (ii) by adding at the end the following 

22 new section: 

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

24 DISTRICT OF COLUMBIA. 

25 ‘‘For purposes of this Act, the following shall apply: 
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1 ‘‘(1) The District of Columbia shall be consid2 ered a registrar’s jurisdiction within the State of 

3 Maryland. 

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

5 in the District of Columbia shall be considered to 

6 take place in the State of Maryland. 

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

8 officials of the State of Maryland, shall be respon9 sible for carrying out this Act with respect to the 

10 District of Columbia, except that— 

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

12 driver’s license applications and the motor vehi13 cle authority of the District of Columbia in the 

14 same manner as that section applies to a State, 

15 and the State of Maryland shall provide the 

16 District of Columbia with such forms and other 

17 materials as the District of Columbia may re18 quire to carry out that section; and 

19 ‘‘(B) the District of Columbia shall des20 ignate voter registration agencies under section 

21 7 in the same manner as a State, and the State 

22 of Maryland shall provide the District of Co23 lumbia with such forms and other materials as 

24 the District of Columbia may require to carry 

25 out that section.’’. 
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1 (B) CONFORMING AMENDMENT.—Section 

2 3(4) of such Act (42 U.S.C. gg–1(4)) is amend3 ed by striking ‘‘and the District of Columbia’’. 

4 (3) VOTING ACCESSIBILITY FOR THE ELDERLY

5 ANDHANDICAPPEDACT.— 

6 (A) IN GENERAL.—The Voting Accessi7 bility for the Elderly and Handicapped Act (42 

8 U.S.C. 1973ee et seq.) is amended— 

9 (i) by redesignating section 8 as sec10 tion 9; and 

11 (ii) by inserting after section 7 the 

12 following new section: 

13 ‘‘SPECIAL RULE FOR STATE OF MARYLANDANDDISTRICT

14 OF COLUMBIA

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

16 apply: 

17 ‘‘(1) The District of Columbia shall be consid18 ered a political subdivision of the State of Maryland. 

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

20 in the District of Columbia shall be considered to 

21 take place in the State of Maryland. 

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

23 for carrying out this Act with respect to the District 

24 of Columbia.’’. 

25 (B) CONFORMING AMENDMENT.—Section 

26 8(5) of such Act (42 U.S.C. 1973ee–6(5)) is 
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1 amended by striking ‘‘the District of Colum2 bia,’’. 

3 (d) CONFORMING AMENDMENT TO HOME RULE

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

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

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

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

8 District of Columbia Voting Rights Restoration Act of 

9 2005.’’. 

10 (e) OTHER CONFORMING AMENDMENT TO DISTRICT

11 OF COLUMBIA ELECTION LAW.—The District of Columbia 

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

13 the following new section: 

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

15 FOR ADMINISTRATION OF FEDERAL ELEC16 TIONS. 

17 ‘‘Notwithstanding any other provision of this Code or 

18 other law or regulation of the District of Columbia— 

19 ‘‘(1) any election for Federal office in the Dis20 trict of Columbia shall be administered and carried 

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

22 applicable law of the State of Maryland; and 

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

24 respect to any election for Federal office to the ex-
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1 tent that the provision is inconsistent with the appli2 cable law of the State of Maryland.’’. 

3 (f) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall apply with respect to 

5 elections for Federal office occurring during 2006 and any 

6 succeeding year. 

7 SEC. 6. TRANSITION PROVISIONS FOR HOUSE OF REP8 RESENTATIVES. 

9 (a) NUMBER AND APPORTIONMENT OF MARYLAND

10 MEMBERS.—For purposes of determining the number and 

11 apportionment of the members of the House of Represent12 atives from the State of Maryland for the One Hundred 

13 Tenth Congress and each succeeding Congress, the popu14 lation of the District of Columbia shall be added to the 

15 population of Maryland under the decennial census. 

16 (b) TEMPORARY INCREASE IN APPORTIONMENT.— 

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

18 and until the taking effect of the first reapportion19 ment occurring after the regular decennial census 

20 conducted for 2010— 

21 (A) the membership of the House of Rep22 resentatives shall be increased by 2; 

23 (B) the State of Maryland, together with 

24 the State identified by the Clerk of the House 

25 of Representatives in the report submitted 
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1 under paragraph (2), shall each be entitled to 

2 one additional Representative, in accordance 

3 with the requirements of paragraph (4); and 

4 (C) each such Representative shall be in 

5 addition to the membership of the House of 

6 Representatives as now prescribed by law. 

7 (2) TRANSMITTAL OF REVISEDAPPORTION8 MENT INFORMATION BY PRESIDENT AND CLERK.—

9 (A) STATEMENT OF APPORTIONMENT BY

10 PRESIDENT.—Not later than 30 days after the 

11 date of the enactment of this Act, the President 

12 shall transmit to Congress a revised version of 

13 the most recent statement of apportionment 

14 submitted under section 22(a) of the Act enti15 tled ‘‘An Act to provide for the fifteenth and 

16 subsequent decennial censuses and to provide 

17 for apportionment of Representatives in Con18 gress’’, approved June 28, 1929 (2 U.S.C. 

19 2a(a)), to take into account the provisions of 

20 this section. 

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

22 15 calendar days after receiving the revised 

23 version of the statement of apportionment 

24 under subparagraph (A), the Clerk of the 

25 House of Representatives, in accordance with 
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1 section 22(b) of such Act (2 U.S.C. 2a(b)), 

2 shall send to the executive of the State (other 

3 than the State of Maryland) entitled to one ad4 ditional Representative pursuant to this section 

5 a certificate of the number of Representatives 

6 to which such State is entitled under section 22 

7 of such Act, and shall submit a report identi8 fying that State to the Speaker of the House of 

9 Representatives. 

10 (3) INCREASE NOT COUNTEDAGAINST TOTAL

11 NUMBER OF MEMBERS.—The temporary increase in 

12 the membership of the House of Representatives 

13 provided under paragraph (1) shall not operate to ei14 ther increase or decrease the permanent membership 

15 of the House of Representatives as prescribed in the 

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

17 temporary increase affect the basis of reapportion18 ment established by the Act of June 28, 1929, as 

19 amended (2 U.S.C. 2a), for the Eighty Second Con20 gress and each Congress thereafter. 

21 (4) COMPOSITION OF CONGRESSIONAL DIS22 TRICTS FOR AFFECTEDSTATE.—During the period 

23 in which the temporary increase in the membership 

24 of the House of Representatives under this sub25 section is in effect, the Congressional districts of the 
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1 State identified by the Clerk of the House of Rep2 resentatives in the report submitted under para3 graph (2) shall be those districts established under 

4 a law enacted by the State during 2001 (without re5 gard to any amendments made to such law after 

6 2001) which established Congressional districts for 

7 the State but which did not take effect because the 

8 number of districts provided under the law was 

9 greater than the number of districts to which the 

10 State was finally entitled after the regular decennial 

11 census for 2000. 

12 (c) PROHIBITING DIVISION OF DISTRICT OF COLUM13 BIA INTO SEPARATE CONGRESSIONAL DISTRICTS.— 

14 (1) IN GENERAL.—Notwithstanding subsection 

15 (a), in establishing Congressional districts after the 

16 effective date of this section, the State of Maryland 

17 shall ensure that the entire area of the District of 

18 Columbia is included in the same Congressional dis19 trict (except as provided in paragraph (2)). 

20 (2) SPECIAL RULE IF POPULATION OF DISTRICT

21 EQUALS OR EXCEEDS AVERAGE POPULATION OF

22 MARYLANDCONGRESSIONAL DISTRICTS.—If the pop23 ulation of the District of Columbia equals or exceeds 

24 the average population of a Congressional district in 

25 the State of Maryland under the decennial census 
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1 used for the apportionment of the Members of the 

2 House of Representatives from the State of Mary3 land, the State of Maryland shall ensure that at 

4 least one Congressional district in the State consists 

5 exclusively of territory within the District of Colum6 bia. 

7 (3) SPECIAL RULE FOR INITIAL DISTRICT.— 

8 Until the State of Maryland establishes Congres9 sional districts to take into account the enactment of 

10 this section, the Congressional district of the addi11 tional Representative to which the State is entitled 

12 under this section shall consist exclusively of the 

13 area of the District of Columbia. 

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

15 DELEGATE. 

16 (a) IN GENERAL.—Sections 202 and 204 of the Dis17 trict of Columbia Delegate Act (Public Law 91–405; sec18 tions 1–401 and 1–402, D.C. Official Code) are repealed, 

19 and the provisions of law amended or repealed by such 

20 sections are restored or revived as if such sections had 

21 not been enacted. 

22 (b) CONFORMING AMENDMENTS TO DISTRICT OF CO23 LUMBIA ELECTIONS CODE OF 1955.—The District of Co24 lumbia Elections Code of 1955 is amended— 
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1 (1) in section 1 (sec. 1–1001.01, D.C. Official 

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

3 Representatives’’; 

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

5 Code)— 

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

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

8 Delegate to Congress for the District of Colum9 bia’’; 

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

11 Code)— 

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

13 and 

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

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

16 (j)(1); 

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

18 Code)— 

19 (A) by striking subparagraph (A) of sub20 section (a)(3), and 

21 (B) in subsection (d)— 

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

23 it appears in paragraph (1), and 
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1 (ii) by striking paragraph (2) and re2 designating paragraph (3) as paragraph 

3 (2); 

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

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

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

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

8 the Congress from the District of Columbia’’. 

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

10 this section shall apply with respect to elections occurring 

11 during 2006 and any succeeding year. 

12 SEC. 8. REPEAL OF OFFICES OF STATEHOOD REPRESENTA13 TIVE AND SENATOR. 

14 (a) IN GENERAL.—Section 4 of the District of Co15 lumbia Statehood Constitutional Convention Initiative of 

16 1979 (sec. 1–123, D.C. Official Code) is amended by strik17 ing subsections (d) through (h). 

18 (b) CONFORMING AMENDMENTS.—

19 (1) STATEHOODCOMMISSION.—Section 6 of 

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

21 amended—

22 (A) in subsection (a)—

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

24 and inserting ‘‘24 voting members’’, 
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1 (ii) by adding ‘‘and’’ at the end of 

2 paragraph (4); and 

3 (iii) by striking paragraphs (5) and 

4 (6) and redesignating paragraph (7) as 

5 paragraph (5); and 

6 (B) in subsection (a–1)(1), by striking sub7 paragraphs (F), (G), and (H). 

8 (2) AUTHORIZATION OF APPROPRIATIONS.— 

9 Section 8 of such Initiative (sec. 1–127, D.C. Offi10 cial Code) is hereby repealed. 

11 (3) APPLICATION OF HONORARIA LIMITA12 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 

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

14 (4) APPLICATION OF CAMPAIGN FINANCE

15 LAWS.—Section 3 of the Statehood Convention Pro16 cedural Amendments Act of 1982 (sec. 1–135, D.C. 

17 Official Code) is hereby repealed. 

18 (5) LIST OF ELECTEDOFFICIALS.—Section 

19 2(13) of the District of Columbia Elections Code of 

20 1955 (sec. 1–1001.02(13), D.C. Official Code) is 

21 amended by striking ‘‘United States Senator and 

22 Representative,’’. 

23 SEC. 9. NONSEVERABILITY OF CERTAIN PROVISIONS. 

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

25 Act, or the application thereof to any person or cir-
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1 cumstance, is held invalid, the remaining provisions of this 

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

3 as invalid. 

4 SEC. 10. RULES OF CONSTRUCTION. 

5 Nothing in this Act may be construed— 

6 (1) to permit residents of the District of Colum7 bia to vote in elections for State or local office in the 

8 State of Maryland or to permit nonresidents of the 

9 District of Columbia to vote in elections for local of10 fice in the District of Columbia; 

11 (2) to affect the power of Congress under arti12 cle I, section 8, clause 17 of the Constitution to ex13 ercise exclusive legislative authority over the District 

14 of Columbia; or 

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

16 the District of Columbia under the District of Co17 lumbia Home Rule Act (except as specifically pro18 vided in this Act). 

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