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 subse-
quently 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.
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 2004’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) There is no reason, either historically or by 
virtue of law, why the people of the District of Co-
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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 
require States to allow United States citizens who 
are former residents, and their children who are 
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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 
the District of Columbia to be eligible to participate in 
elections for the House of Representatives and Senate as 
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Maryland residents in accordance with the laws of the 
State of Maryland, is hereby restored. 
(b) ELIGIBILITY
TO HOLD CONGRESSIONAL OF-
FICE.—Notwithstanding any other provision of law, for 
purposes of determining eligibility to serve as a Member 
of the House of Representatives or Senate, the right of 
the residents of the District of Columbia to be considered 
inhabitants of the State of Maryland is hereby restored. 
(c) EFFECTIVE DATE.—This section shall apply with 
respect to elections for Federal office occurring during 
2006 and any succeeding year. 
SEC. 4. RESTORATION OF RIGHT OF DISTRICT OF COLUM-
BIA RESIDENTS TO PARTICIPATE AS MARY-
LAND RESIDENTS IN PRESIDENTIAL ELEC-
TIONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the right of the people of the District of Co-
lumbia to be eligible to participate in elections for electors 
of President and Vice President, and to serve as such elec-
tors as Maryland residents in accordance with the laws 
of the State of Maryland, is hereby restored. 
(b) ELIGIBILITY TO SERVE AS ELECTORS.—Notwith-
standing any other provision of law, for purposes of deter-
mining eligibility to serve as electors of President and Vice 
President, the right of the residents of the District of Co-
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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. 
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to 
Presidential elections beginning with the 2008 Presi-
dential election. 
SEC. 5. COORDINATION OF ELECTION ADMINISTRATION. 
(a) APPLICATION OF MARYLAND ELECTION LAWS.—
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(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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