I 

112TH CONGRESS 

1ST SESSION H. R. 267 

To provide for the treatment of the District of Columbia as a State for 

purposes of representation in the House of Representatives, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2011 

Ms. NORTON introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight 

and Government Reform, 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 provide for the treatment of the District of Columbia 

as a State for purposes of representation in the House 

of Representatives, 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 House Voting Rights Act of 2011’’. 


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1 SEC. 2. REPRESENTATION IN HOUSE OF REPRESENTATIVES 

2 FOR DISTRICT OF COLUMBIA. 

3 (a) REPRESENTATION IN HOUSE.—Notwithstanding 

4 any other provision of law, effective with respect to the 

5 One Hundred Twelfth Congress and each succeeding Con6 gress, the District of Columbia shall be treated as a State 

7 for purposes of representation in the House of Representa8 tives. 

9 (b) CONFORMING AMENDMENTS RELATING TO AP10 PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA11 TIVES.— 

12 (1) INCLUSION OF DISTRICT OF COLUMBIA IN

13 REAPPORTIONMENT OF MEMBERS AMONG STATES.— 

14 Section 22 of the Act entitled ‘‘An Act to provide for 

15 the fifteenth and subsequent decennial censuses and 

16 to provide for apportionment of Representatives in 

17 Congress’’, approved June 28, 1929 (2 U.S.C. 2a), 

18 is amended by adding at the end the following new 

19 subsection: 

20 ‘‘(d) This section shall apply with respect to the Dis21 trict of Columbia in the same manner as this section ap22 plies to a State.’’. 

23 (2) CLARIFICATION OF DETERMINATION OF

24 NUMBER OF PRESIDENTIAL ELECTORS ON BASIS OF

25 23RD AMENDMENT.—Section 3 of title 3, United 

26 States Code, is amended by striking ‘‘come into ofVerDate Mar 15 2010 04:05 Jan 13, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H267.IH H267

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1 fice;’’ and inserting the following: ‘‘come into office 

2 (subject to the twenty-third article of amendment to 

3 the Constitution of the United States in the case of 

4 the District of Columbia);’’. 

5 (c) CONFORMING AMENDMENTS REGARDING AP6 POINTMENTS TO SERVICE ACADEMIES.— 

7 (1) UNITED STATES MILITARY ACADEMY.—Sec8 tion 4342 of title 10, United States Code, is amend9 ed— 

10 (A) in subsection (a), by striking para11 graph (5); and 

12 (B) in subsection (f), by striking ‘‘the Dis13 trict of Columbia,’’. 

14 (2) UNITED STATES NAVAL ACADEMY.—Such 

15 title is amended— 

16 (A) in section 6954(a), by striking para17 graph (5); and 

18 (B) in section 6958(b), by striking ‘‘the 

19 District of Columbia,’’. 

20 (3) UNITED STATES AIR FORCE ACADEMY.— 

21 Section 9342 of title 10, United States Code, is 

22 amended— 

23 (A) in subsection (a), by striking para24 graph (5); and 


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1 (B) in subsection (f), by striking ‘‘the Dis2 trict of Columbia,’’. 

3 (4) EFFECTIVE DATE.—This subsection and the 

4 amendments made by this subsection shall take ef5 fect on the date on which a Representative from the 

6 District of Columbia takes office for the One Hun7 dred Twelfth Congress. 

8 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP9 RESENTATIVES. 

10 (a) PERMANENT INCREASE IN NUMBER OF MEM11 BERS.—Effective with respect to the One Hundred 

12 Twelfth Congress and each succeeding Congress, the 

13 House of Representatives shall be composed of 436 Mem14 bers, including any Members representing the District of 

15 Columbia pursuant to section 2(a). 

16 (b) REAPPORTIONMENT OF MEMBERS RESULTING

17 FROM INCREASE.— 

18 (1) IN GENERAL.—Section 22(a) of the Act en19 titled ‘‘An Act to provide for the fifteenth and subse20 quent decennial censuses and to provide for appor21 tionment of Representatives in Congress’’, approved 

22 June 28, 1929 (2 U.S.C. 2a(a)), is amended by 

23 striking ‘‘the then existing number of Representa24 tives’’ and inserting ‘‘the number of Representatives 


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1 established with respect to the One Hundred 

2 Twelfth Congress’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall apply with respect to the reg5 ular decennial census conducted for 2020 and each 

6 subsequent regular decennial census. 

7 SEC. 4. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA 

8 DELEGATE. 

9 (a) REPEAL OF OFFICE.—Sections 202 and 204 of 

10 the District of Columbia Delegate Act (Public Law 91– 

11 405; sections 1–401 and 1–402, D.C. Official Code) are 

12 repealed, and the provisions of law amended or repealed 

13 by such sections are restored or revived as if such sections 

14 had not been enacted. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this subsection shall take effect on the date on which a 

17 Representative from the District of Columbia takes office 

18 for the One Hundred Twelfth Congress. 

19 SEC. 5. PROVIDING FOR ELECTIONS FOR HOUSE MEMBERS 

20 FROM DISTRICT OF COLUMBIA. 

21 (a) APPLICATION OF DISTRICT OF COLUMBIA ELEC22 TIONS CODE OF 1955.—The District of Columbia Elec23 tions Code of 1955 is amended as follows: 

24 (1) In section 1 (sec. 1–1001.01, D.C. Official 

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


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1 Representatives,’’ and inserting ‘‘the Representative 

2 in the Congress,’’. 

3 (2) In section 2 (sec. 1–1001.02, D.C. Official 

4 Code)— 

5 (A) by striking paragraph (6); and 

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

7 Delegate to Congress for the District of Colum8 bia,’’ and inserting ‘‘the Representative in the 

9 Congress,’’. 

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

11 Code)— 

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

13 and inserting ‘‘Representative’’; and 

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

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

16 (j)(1) and inserting ‘‘Representative in the Con17 gress,’’. 

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

19 Code)— 

20 (A) in subsection (a)(3)(A)— 

21 (i) by striking ‘‘or section 206(d) of 

22 the District of Columbia Delegate Act’’, 

23 and 

24 (ii) by striking ‘‘the office of Delegate 

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1 serting ‘‘the office of Representative in the 

2 Congress’’; 

3 (B) in subsection (d)(1), by striking ‘‘Dele4 gate,’’ each place it appears; and 

5 (C) in subsection (d)(2)— 

6 (i) by striking ‘‘(A) In the event’’ and 

7 all that follows through ‘‘term of office,’’ 

8 and inserting ‘‘In the event that a vacancy 

9 occurs in the office of Representative in 

10 the Congress before May 1 of the last year 

11 of the Representative’s term of office,’’ and 

12 (ii) by striking subparagraph (B). 

13 (5) In section 11(a)(2) (sec. 1–1001.11(a)(2), 

14 D.C. Official Code), by striking ‘‘Delegate to the 

15 House of Representatives,’’ and inserting ‘‘Rep16 resentative in the Congress,’’. 

17 (6) In section 15(b) (sec. 1–1001.15(b), D.C. 

18 Official Code), by striking ‘‘Delegate,’’ and inserting 

19 ‘‘Representative in the Congress,’’. 

20 (7) In section 17(a) (sec. 1–1001.17(a), D.C. 

21 Official Code), by striking ‘‘the Delegate to the Con22 gress from the District of Columbia’’ and inserting 

23 ‘‘the Representative in the Congress’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply with respect to the election of the 


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1 first Representative from the District of Columbia pursu2 ant to this Act and each subsequent election of Represent3 atives from the District of Columbia pursuant to this Act. 

4 SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTA5 TIVE. 

6 (a) IN GENERAL.—Section 4 of the District of Co7 lumbia Statehood Constitutional Convention Initiative of 

8 1979 (sec. 1–123, D.C. Official Code) is amended as fol9 lows: 

10 (1) By striking ‘‘offices of Senator and Rep11 resentative’’ each place it appears in subsection (d) 

12 and inserting ‘‘office of Senator’’. 

13 (2) In subsection (d)(2)— 

14 (A) by striking ‘‘a Representative or’’; 

15 (B) by striking ‘‘the Representative or’’; 

16 and 

17 (C) by striking ‘‘Representative shall be 

18 elected for a 2-year term and each’’. 

19 (3) In subsection (d)(3)(A), by striking ‘‘and 1 

20 United States Representative’’. 

21 (4) By striking ‘‘Representative or’’ each place 

22 it appears in subsections (e), (f), (g), and (h). 

23 (5) By striking ‘‘Representative’s or’’ each 

24 place it appears in subsections (g) and (h). 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) STATEHOOD COMMISSION.—Section 6 of 

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

3 amended— 

4 (A) in subsection (a)— 

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

6 and inserting ‘‘26 voting members’’; 

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

8 paragraph (5); and 

9 (iii) by striking paragraph (6) and re10 designating paragraph (7) as paragraph 

11 (6); and 

12 (B) in subsection (a–1)(1), by striking sub13 paragraph (H). 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 Section 8 of such Initiative (sec. 1–127, D.C. Offi16 cial Code) is amended by striking ‘‘and House’’. 

17 (3) APPLICATION OF HONORARIA LIMITA18 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 

19 D.C. Official Code) is amended by striking ‘‘or Rep20 resentative’’ each place it appears. 

21 (4) APPLICATION OF CAMPAIGN FINANCE

22 LAWS.—Section 3 of the Statehood Convention Pro23 cedural Amendments Act of 1982 (sec. 1–135, D.C. 

24 Official Code) is amended by striking ‘‘and United 

25 States Representative’’. 


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1 (5) DISTRICT OF COLUMBIA ELECTIONS CODE

2 OF 1955.—The District of Columbia Elections Code 

3 of 1955 is amended— 

4 (A) in section 2(13) (sec. 1–1001.02(13), 

5 D.C. Official Code), by striking ‘‘United States 

6 Senator and Representative,’’ and inserting 

7 ‘‘United States Senator,’’; and 

8 (B) in section 10(d) (sec. 1–1001.10(d)(3), 

9 D.C. Official Code), by striking ‘‘United States 

10 Representative or’’. 

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

12 this section shall take effect on the date on which a Rep13 resentative from the District of Columbia takes office for 

14 the One Hundred Twelfth Congress. 

15 SEC. 7. EXPEDITED JUDICIAL REVIEW. 

16 If any action is brought to challenge the constitu17 tionality of any provision of this Act or any amendment 

18 made by this Act, the following rules shall apply: 

19 (1) The action shall be filed in the United 

20 States District Court for the District of Columbia 

21 and shall be heard by a 3-judge court convened pur22 suant to section 2284 of title 28, United States 

23 Code. 


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1 (2) A copy of the complaint shall be delivered 

2 promptly to the Clerk of the House of Representa3 tives and the Secretary of the Senate. 

4 (3) A final decision in the action shall be re5 viewable only by appeal directly to the Supreme 

6 Court of the United States. Such appeal shall be 

7 taken by the filing of a notice of appeal within 10 

8 days, and the filing of a jurisdictional statement 

9 within 30 days, of the entry of the final decision. 

10 (4) It shall be the duty of the United States 

11 District Court for the District of Columbia and the 

12 Supreme Court of the United States to advance on 

13 the docket and to expedite to the greatest possible 

14 extent the disposition of the action and appeal. 

15 SEC. 8. NONSEVERABILITY OF PROVISIONS. 

16 If any provision of section 2(a), 2(b)(1), or 3, or any 

17 amendment made by any such section, is declared or held 

18 invalid or unenforceable, the remaining provisions of this 

19 Act and any amendment made by this Act shall be treated 

20 and deemed invalid and shall have no force or effect of 

21 law. 

Æ 


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