I 
110TH CONGRESS 
1ST SESSION 
H. R. 492 
To restore the Federal electoral rights of the residents of the District of 
Columbia, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2007 
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 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 con-
cerned 
A BILL 
To restore the Federal electoral rights of the residents of 
the District of Columbia, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘District of Columbia 
Voting Rights Restoration Act of 2007’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) There is no reason, either historically or by 
virtue of law, why the people of the District of Co-
lumbia, the capital of the United States of America, 
should not have full voting representation in the 
Congress of the United States. 
(2) Article I, section 8, clause 17 of the Con-
stitution of the United States, which authorized the 
creation of the District of Columbia, provides only 
that the Congress shall have ‘‘exclusive legislation in 
all cases whatsoever’’ over that District. 
(3) The same clause of the Constitution pro-
vides that Congress ‘‘shall exercise like authority 
over’’ other Federal territories that have been pur-
chased from the States for Federal purposes. Resi-
dents of other Federal enclaves, though also denied 
voting rights after becoming subject to exclusive 
Federal jurisdiction, have had restored their right to 
vote for and serve as elected Federal officials from 
their respective States which ceded the Federal en-
claves to the United States. 
(4) Congress has exercised its authority to reg-
ulate Federal elections under article I, section 4 of 
the Constitution to set the legal requirements that 
States must follow in establishing Congressional dis-
tricts. Congress has also exercised this authority to 
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require States to allow United States citizens who 
are former residents, and their children who are 
United States citizens, who are living overseas to 
vote in Federal elections in the previous State of res-
idence, notwithstanding the fact that such former 
residents and their children may have no intention 
of returning or establishing residence in that State, 
and notwithstanding the fact that such citizens are 
not subject to the laws of that State, including tax 
laws. 
(5) The entire territory of the current District 
of Columbia was ceded to the United States by the 
State of Maryland, one of the original 13 States of 
the United States. The portion of the original Dis-
trict of Columbia ceded to the United States by the 
Commonwealth of Virginia was returned to the au-
thority of that state in 1846, and the people who 
now reside in that area vote as citizens of the Com-
monwealth of Virginia. 
(6) The Supreme Court of the United States 
has found that the cession of legislative authority 
over the territory that became the District of Colum-
bia by the States of Maryland and Virginia did not 
remove that territory from the United States, and 
that the people who live in that territory are entitled 
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to all the rights, guarantees, and immunities of the 
Constitution that they formerly enjoyed as citizens 
of those States. O’Donoghue v. United States, 289 
U.S. 516 (1933); Downes v. Bidwell, 182 U.S. 244 
(1901). Among those guarantees are the right to 
equal protection of the laws and the right to partici-
pate, equally with other Americans, in a Republican 
form of government. 
(7) Since the people who lived in the territory 
that now makes up the District of Columbia once 
voted in Maryland as citizens of Maryland, and Con-
gress by adoption of the Organic Act of 1801 sev-
ered the political connection between Maryland and 
the District of Columbia by statute, Congress has 
the power by statute to restore Maryland state citi-
zenship rights, including Federal electoral rights, 
that it took away by enacting the Organic Act of 
1801. 
SEC. 3. RESTORATION OF RIGHT OF DISTRICT OF COLUM-
BIA RESIDENTS TO PARTICIPATE AS MARY-
LAND RESIDENTS IN CONGRESSIONAL ELEC-
TIONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, for purposes of representation in the House 
of Representatives and Senate, the right of the people of 
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mining eligibility to serve as electors of President and Vice 
President, the right of the residents of the District of Co-
lumbia to be considered inhabitants of the State of Mary-
land is hereby restored. 
(c) TERMINATION OF APPOINTMENT OF SEPARATE 
ELECTORS BY DISTRICT OF COLUMBIA.—In accordance 
with the authority under sections 1 and 2 of the 23rd 
amendment to the Constitution and the authority under 
article I, Section 8, to legislate for the District of Colum-
bia, and notwithstanding any other provision of law, Con-
gress directs that no electors of President and Vice Presi-
dent shall be appointed by the District of Columbia and 
that no votes from such electors shall be cast or counted 
in the electoral vote for President and Vice President. 
(d) CONFORMING AMENDMENT.— 
(1) IN GENERAL.—Chapter 1 of title 3, United 
States Code, is amended by striking section 21. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 1 of title 3, United States Code, 
is amended by striking the item relating to section 
21. 
SEC. 5. COMPOSITION OF HOUSE OF REPRESENTATIVES. 
(a) NUMBER AND APPORTIONMENT OF MARYLAND 
MEMBERS.—For purposes of determining the number and 
apportionment of the members of the House of Represent-
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atives from the State of Maryland for the One Hundred 
Eleventh Congress and each succeeding Congress, the pop-
ulation of the District of Columbia shall be added to the 
population of Maryland under the decennial census. 
(b) INCREASE IN MEMBERSHIP OF HOUSE OF REP-
RESENTATIVES.— 
(1) PERMANENT
INCREASE
IN
NUMBER
OF 
MEMBERS.—Effective with respect to the One Hun-
dred Eleventh Congress and each succeeding Con-
gress, the House of Representatives shall be com-
posed of 437 Members. 
(2) REAPPORTIONMENT OF MEMBERS RESULT-
ING FROM INCREASE.— 
(A) IN
GENERAL.—Section 22(a) of the 
Act entitled ‘‘An Act to provide for the fifteenth 
and subsequent decennial censuses and to pro-
vide for apportionment of Representatives in 
Congress’’, approved June 28, 1929 (2 U.S.C. 
2a(a)), is amended by striking ‘‘the then exist-
ing number of Representatives’’ and inserting 
‘‘the number of Representatives established 
with respect to the One Hundred Eleventh Con-
gress’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall apply with re-
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spect to the regular decennial census conducted 
for 2010 and each subsequent regular decennial 
census. 
(c) REVISION OF APPORTIONMENT PRIOR TO NEXT 
CENSUS.— 
(1) TRANSMITTAL
OF
REVISED
APPORTION-
MENT INFORMATION BY PRESIDENT AND CLERK.— 
(A) STATEMENT OF APPORTIONMENT BY 
PRESIDENT.—Not later than 30 days after the 
date of the enactment of this Act, the President 
shall transmit to Congress a revised version of 
the most recent statement of apportionment 
submitted under section 22(a) of the Act enti-
tled ‘‘An Act to provide for the fifteenth and 
subsequent decennial censuses and to provide 
for apportionment of Representatives in Con-
gress’’, approved June 28, 1929 (2 U.S.C. 
2a(a)), to take into account this section and the 
amendments made by this section. 
(B) REPORT BY CLERK.—Not later than 
15 calendar days after receiving the revised 
version of the statement of apportionment 
under subparagraph (A), the Clerk of the 
House of Representatives, in accordance with 
section 22(b) of such Act (2 U.S.C. 2a(b)), 
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shall send to the executive of the State (other 
than the State of Maryland) entitled to one ad-
ditional Representative pursuant to this section 
a certificate of the number of Representatives 
to which such State is entitled under section 22 
of such Act, and shall submit a report identi-
fying that State to the Speaker of the House of 
Representatives. 
(2) COMPOSITION
OF
CONGRESSIONAL
DIS-
TRICTS FOR AFFECTED STATE.—Until the taking ef-
fect of the first reapportionment occurring after the 
regular decennial census conducted for 2010, the 
Congressional districts of the State identified by the 
Clerk of the House of Representatives in the report 
submitted under paragraph (1) shall be those dis-
tricts established under a law enacted by the State 
during 2006 (without regard to any amendments 
made to such law after 2006) which established Con-
gressional districts for the State but which did not 
take effect because the number of districts provided 
under the law was greater than the number of dis-
tricts to which the State was finally entitled after 
the regular decennial census for 2000. 
(d) PROHIBITING DIVISION OF DISTRICT OF COLUM-
BIA INTO SEPARATE CONGRESSIONAL DISTRICTS.— 
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(1) IN GENERAL.—Notwithstanding subsection 
(a), in establishing Congressional districts after the 
effective date of this section, the State of Maryland 
shall ensure that the entire area of the District of 
Columbia is included in the same Congressional dis-
trict (except as provided in paragraph (2)). 
(2) SPECIAL RULE IF POPULATION OF DISTRICT 
EQUALS
OR
EXCEEDS
AVERAGE
POPULATION
OF 
MARYLAND CONGRESSIONAL DISTRICTS.—If the pop-
ulation of the District of Columbia equals or exceeds 
the average population of a Congressional district in 
the State of Maryland under the decennial census 
used for the apportionment of the Members of the 
House of Representatives from the State of Mary-
land, the State of Maryland shall ensure that at 
least one Congressional district in the State consists 
exclusively of territory within the District of Colum-
bia. 
(3) SPECIAL
RULE
FOR
INITIAL
DISTRICT.— 
Until the State of Maryland establishes Congres-
sional districts to take into account the enactment of 
this section, the Congressional district of the addi-
tional Representative to which the State is entitled 
under this section shall consist exclusively of the 
area of the District of Columbia. 
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SEC. 6. COORDINATION OF ELECTION ADMINISTRATION. 
(a) APPLICATION OF MARYLAND ELECTION LAWS.— 
(1) IN GENERAL.—Federal elections in the Dis-
trict of Columbia shall be administered and carried 
out by the State of Maryland, in accordance with the 
applicable laws of the State of Maryland. 
(2) TREATMENT
OF
DISTRICT
AS
UNIT
OF 
LOCAL GOVERNMENT.—For purposes of the laws of 
the State of Maryland which apply to Federal elec-
tions in the District of Columbia pursuant to para-
graph (1), the District of Columbia shall be consid-
ered to be a unit of local government within the 
State of Maryland with responsibility for the admin-
istration of Federal elections. 
(b) CONFORMING AMENDMENTS TO HELP AMERICA 
VOTE ACT OF 2002.— 
(1) TREATMENT OF DISTRICT OF COLUMBIA AS 
PART
OF
MARYLAND.—Section 901 of the Help 
America Vote Act of 2002 (42 U.S.C. 15541) is 
amended— 
(A) by striking ‘‘the District of Columbia’’; 
(B) by striking ‘‘In this Act’’ and inserting 
‘‘(a) IN GENERAL.—In this Act’’; and 
(C) by adding at the end the following new 
subsection: 
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‘‘(b) SPECIAL RULE FOR STATE OF MARYLAND AND 
DISTRICT OF COLUMBIA.—For purposes of this Act, the 
following shall apply: 
‘‘(1) The voting age population of the State of 
Maryland shall be considered to include the voting 
age population of the District of Columbia for pur-
poses of sections 101(d)(4) and 252(b). 
‘‘(2) The District of Columbia shall be consid-
ered a unit of local government or jurisdiction lo-
cated within the State of Maryland. 
‘‘(3) An election for Federal office taking place 
in the District of Columbia shall be considered to 
take place in the State of Maryland.’’. 
(c) CONFORMING AMENDMENTS TO OTHER FEDERAL 
ELECTION LAWS.— 
(1) UNIFORMED AND OVERSEAS CITIZENS AB-
SENTEE VOTING ACT.— 
(A) IN
GENERAL.—Title I of the Uni-
formed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 108. SPECIAL RULE FOR STATE OF MARYLAND AND 
DISTRICT OF COLUMBIA. 
‘‘For purposes of this title, the following shall apply: 
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‘‘(1) An absent uniformed services voter or 
overseas voter who is a resident of the District of 
Columbia shall be considered to be a resident of the 
State of Maryland. 
‘‘(2) An election for Federal office taking place 
in the District of Columbia shall be considered to 
take place in the State of Maryland. 
‘‘(3) The State of Maryland, and the election 
officials of the State of Maryland, shall be respon-
sible for carrying out the provisions of this title with 
respect to voters who are residents of the District of 
Columbia.’’. 
(B) CONFORMING
AMENDMENT.—Section 
107(6) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff–6) is 
amended by striking ‘‘the District of Colum-
bia,’’. 
(2) NATIONAL VOTER REGISTRATION ACT OF 
1973.— 
(A) IN
GENERAL.—The National Voter 
Registration Act of 1973 (42 U.S.C. 1973gg et 
seq.) is amended— 
(i) by redesignating section 13 as sec-
tion 14; and 
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(ii) by adding at the end the following 
new section: 
‘‘SEC. 12. SPECIAL RULE FOR STATE OF MARYLAND AND 
DISTRICT OF COLUMBIA. 
‘‘For purposes of this Act, the following shall apply: 
‘‘(1) The District of Columbia shall be consid-
ered a registrar’s jurisdiction within the State of 
Maryland. 
‘‘(2) An election for Federal office taking place 
in the District of Columbia shall be considered to 
take place in the State of Maryland. 
‘‘(3) The State of Maryland, and the election 
officials of the State of Maryland, shall be respon-
sible for carrying out this Act with respect to the 
District of Columbia, except that— 
‘‘(A) section 5 shall apply to motor vehicle 
driver’s license applications and the motor vehi-
cle authority of the District of Columbia in the 
same manner as that section applies to a State, 
and the State of Maryland shall provide the 
District of Columbia with such forms and other 
materials as the District of Columbia may re-
quire to carry out that section; and 
‘‘(B) the District of Columbia shall des-
ignate voter registration agencies under section 
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7 in the same manner as a State, and the State 
of Maryland shall provide the District of Co-
lumbia with such forms and other materials as 
the District of Columbia may require to carry 
out that section.’’. 
(B) CONFORMING
AMENDMENT.—Section 
3(4) of such Act (42 U.S.C. gg–1(4)) is amend-
ed by striking ‘‘and the District of Columbia’’. 
(3) VOTING ACCESSIBILITY FOR THE ELDERLY 
AND HANDICAPPED ACT.— 
(A) IN
GENERAL.—The Voting Accessi-
bility for the Elderly and Handicapped Act (42 
U.S.C. 1973ee et seq.) is amended— 
(i) by redesignating section 8 as sec-
tion 9; and 
(ii) by inserting after section 7 the 
following new section: 
‘‘SPECIAL RULE FOR STATE OF MARYLAND AND DISTRICT 
OF COLUMBIA 
‘‘SEC. 8. For purposes of this Act, the following shall 
apply: 
‘‘(1) The District of Columbia shall be consid-
ered a political subdivision of the State of Maryland. 
‘‘(2) An election for Federal office taking place 
in the District of Columbia shall be considered to 
take place in the State of Maryland. 
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‘‘(3) The State of Maryland shall be responsible 
for carrying out this Act with respect to the District 
of Columbia.’’. 
(B) CONFORMING
AMENDMENT.—Section 
8(5) of such Act (42 U.S.C. 1973ee–6(5)) is 
amended by striking ‘‘the District of Colum-
bia,’’. 
(d) CONFORMING AMENDMENT
TO HOME RULE 
ACT.—Section 752 of the District of Columbia Home Rule 
Act (sec. 1–207.52, D.C. Official Code) is amended by 
striking the period at the end and inserting the following: 
‘‘, except to the extent required under section 5 of the 
District of Columbia Voting Rights Restoration Act of 
2007.’’. 
(e) OTHER CONFORMING AMENDMENT TO DISTRICT 
OF COLUMBIA ELECTION LAW.—The District of Columbia 
Elections Code of 1955 is amended by adding at the end 
the following new section: 
‘‘SEC. 18. APPLICABILITY OF MARYLAND ELECTION LAW 
FOR ADMINISTRATION OF FEDERAL ELEC-
TIONS. 
‘‘Notwithstanding any other provision of this Code or 
other law or regulation of the District of Columbia— 
‘‘(1) any election for Federal office in the Dis-
trict of Columbia shall be administered and carried 
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out by the State of Maryland, in accordance with the 
applicable law of the State of Maryland; and 
‘‘(2) no provision of this Code shall apply with 
respect to any election for Federal office to the ex-
tent that the provision is inconsistent with the appli-
cable law of the State of Maryland.’’. 
(f) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to 
elections for Federal office occurring during 2008 and any 
succeeding year. 
SEC. 7. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA 
DELEGATE. 
(a) IN GENERAL.—Sections 202 and 204 of the Dis-
trict of Columbia Delegate Act (Public Law 91–405; sec-
tions 1–401 and 1–402, D.C. Official Code) are repealed, 
and the provisions of law amended or repealed by such 
sections are restored or revived as if such sections had 
not been enacted. 
(b) CONFORMING AMENDMENTS TO DISTRICT OF CO-
LUMBIA ELECTIONS CODE OF 1955.—The District of Co-
lumbia Elections Code of 1955 is amended— 
(1) in section 1 (sec. 1–1001.01, D.C. Official 
Code), by striking ‘‘the Delegate to the House of 
Representatives’’; 
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(2) in section 2 (sec. 1–1001.02, D.C. Official 
Code)— 
(A) by striking paragraph (6), and 
(B) in paragraph (13), by striking ‘‘the 
Delegate to Congress for the District of Colum-
bia’’; 
(3) in section 8 (sec. 1–1001.08, D.C. Official 
Code)— 
(A) by striking ‘‘Delegate’’ in the heading, 
and 
(B) by striking ‘‘Delegate,’’ each place it 
appears in subsections (h)(1)(A), (i)(1), and 
(j)(1); 
(4) in section 10 (sec. 1–1001.10, D.C. Official 
Code)— 
(A) by striking subparagraph (A) of sub-
section (a)(3), and 
(B) in subsection (d)— 
(i) by striking ‘‘Delegate,’’ each place 
it appears in paragraph (1), and 
(ii) by striking paragraph (2) and re-
designating paragraph (3) as paragraph 
(2); 
(5) in section 15(b) (sec. 1–1001.15(b), D.C. 
Official Code), by striking ‘‘Delegate,’’; and 
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(6) in section 17(a) (sec. 1–1001.17(a), D.C. 
Official Code), by striking ‘‘except the Delegate to 
the Congress from the District of Columbia’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to elections occurring 
during 2008 and any succeeding year. 
SEC. 8. REPEAL OF OFFICES OF STATEHOOD REPRESENTA-
TIVE AND SENATOR. 
(a) IN GENERAL.—Section 4 of the District of Co-
lumbia Statehood Constitutional Convention Initiative of 
1979 (sec. 1–123, D.C. Official Code) is amended by strik-
ing subsections (d) through (h). 
(b) CONFORMING AMENDMENTS.— 
(1) STATEHOOD
COMMISSION.—Section 6 of 
such Initiative (sec. 1–125, D.C. Official Code) is 
amended— 
(A) in subsection (a)— 
(i) by striking ‘‘27 voting members’’ 
and inserting ‘‘24 voting members’’, 
(ii) by adding ‘‘and’’ at the end of 
paragraph (4); and 
(iii) by striking paragraphs (5) and 
(6) and redesignating paragraph (7) as 
paragraph (5); and 
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(B) in subsection (a–1)(1), by striking sub-
paragraphs (F), (G), and (H). 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 8 of such Initiative (sec. 1–127, D.C. Offi-
cial Code) is hereby repealed. 
(3) APPLICATION
OF
HONORARIA
LIMITA-
TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 
D.C. Official Code) is hereby repealed. 
(4) 
APPLICATION
OF
CAMPAIGN
FINANCE 
LAWS.—Section 3 of the Statehood Convention Pro-
cedural Amendments Act of 1982 (sec. 1–135, D.C. 
Official Code) is hereby repealed. 
(5) LIST
OF
ELECTED
OFFICIALS.—Section 
2(13) of the District of Columbia Elections Code of 
1955 (sec. 1–1001.02(13), D.C. Official Code) is 
amended by striking ‘‘United States Senator and 
Representative,’’. 
SEC. 9. NONSEVERABILITY OF CERTAIN PROVISIONS. 
If any provision of sections 3, 5(a), or 5(b) of this 
Act, or the application thereof to any person or cir-
cumstance, is held invalid, the remaining provisions of this 
Act or any amendment made by this Act shall be treated 
as invalid. 
SEC. 10. RULES OF CONSTRUCTION. 
Nothing in this Act may be construed— 
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(1) to permit residents of the District of Colum-
bia to vote in elections for State or local office in the 
State of Maryland or to permit nonresidents of the 
District of Columbia to vote in elections for local of-
fice in the District of Columbia; 
(2) to affect the power of Congress under arti-
cle I, section 8, clause 17 of the Constitution to ex-
ercise exclusive legislative authority over the District 
of Columbia; or 
(3) to affect the powers of the Government of 
the District of Columbia under the District of Co-
lumbia Home Rule Act (except as specifically pro-
vided in this Act). 
Æ 
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