An Act to amend the act of August 12, 1955, relating to elections in the District of Columbia
PL 87-389 (H.R.8444), enacted 10/04/1961

76 S T A T . ] 
PUBLIC LAW 87-889-OCT. 4, 1961 
817 
Public Law 87-389 
AN ACT 
To amend the Act of August 12, 1955, relating to elections in the District of 
CJolumbia. 
October 4, 1961 
[H. R. 8444] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled,. That the Act entitled 
"An Act to regulate the election of delegates representing the District 
of Columbia to national political conventions, and for other purposes", 
approved August 12, 1955 (69 Stat. 699; title I, ch. 11, D.C. Code, 
1951 ed.), is amended as follows: 
(1) The first section is amended by inserting after the word 
"That" the words "in the District of Columbia electors of President 
and Vice President of the United States and". 
(2) Section 3 of such Act of August 12, 1955 (D.C. Code, sec. 
1-1103), is amended by inserting at the end thereof the following 
new sentence: "The said Commissioners shall from time to time 
designate the Chairman of the Board." 
(3) Paragraph (1) of subsection (a) of section 5 of such Act of 
August 12, 1955 (D.C. Code, sec. 1-1105), is amended by striking 
out "permanent". 
(4) Paragraph 3 of subsection (a) of section 5 of such Act of 
August 12, 1955 (D.C. Code, sec. 1-1105), is amended to read as 
follows:' 
"(3) provide for recording and counting votes by means of 
ballots or machines or both and not less than five days before 
each election held pursuant to this Act, publish in one or more 
newspapers of general circulation in the District a copy of the 
official ballot to be used in any such election;". 
(5) Section 5 of such Act of August 12, 1955 (D.C. Code, sec. 
1-1105), is further amended (A) by striking from the first sentence 
of subsection (b) "The Board, and persons autliorized by it" and insert-
ing in lieu thereof "Each member of the Board and persons authorized 
by the Board", and by ^riking the period at the end of subsection (c) 
thereof and inserting in lieu thereof the following: ", including, a 
regulation permitting persons not absent from the District but who 
are physically unable to appear personally at an official registration 
place, to register in the manner prescribed in such regulation for the 
purpose of voting in any election held pursuant to this Act." 
(6) Paragraphs (6) and (7) of subsection (a) of section 5 of such 
Act of August 12, 1955 (D.C. Code, sec. 1-1105) are hereby renum-
bered as paragraphs (7) and (8) respectively, and a new paragraph 
inserted immediately after paragraph (5) as follows: 
"(6) Develop and administer procedures for absentee registration 
for and voting in any election held under this Act by any person 
included within the categories referred to in paragraphs (1), (2), 
(3), or (4) of section 101 of the Federal Voting Assistance Act of 
1955 (69 Stat. 584)." 
(7) Section 6 of such Act of August 12, 1955 (D.C. Code, sec. 
1-1106), is amended by adding at the end thereof the following new 
subsection: 
"(c) Subject to the approval of the Commissioners of the District 
of Columbia, the Board is authorized to adopt and use a seal." 
(8) Subsection (a) of section 7 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1107), is amended to read as follows: 
"(a) A person shall be entitled to vote in an election in the District 
of Columbia only if he is a qualified elector, and except as provided 
in subsection (e) of this section, he registers in the District during 
the year in which such election is to be held." 
D. C. electors. 
Provisions. 
69 Stat. 700. 
Recording a n d 
counting votes. 
5 u s e 2171. 
69 Stat. 700. 
818 
PUBLIC LAW 87-389-OCT. 4, 1961 
[75 STAT. 
(9) Paragraphs (2) and (3) of section 7(b) of such Act of August 
69 Stat. 700. 
12, 1955 (D.C. Code, sec. 1-1107), are hereby amended to read as 
follows: 
"(2) he executes a registration affidavit by signature or mark 
(unless prevented by physical disability) on the form prescribed by 
the Board pursuant to subsection (c) showing that he meets each of 
the requirements specified in section 2(2) for a qualified elector or 
qualifies under procedures established by the Board under paragraph 
1105^' ^°^^ ^' (6) of subsection (a) of section 5 of this Act, and, if he desires to 
vote in a party election, such form shall show his political party 
affiliation." 
(10) Section 7(c) of such Act of August 12, 1955 (D.C. Code, sec. 
1-1107), is amended by striking "(b)(3)" and inserting in lieu 
thereof "(b)(2)". 
(11) The first sentence of subsection (d) of section 7 of such Act 
of August 12, 1955 (D.C. Code, sec. 1-1107), is amended to read as 
follows: "The registry shall be open from January 1 until forty-five 
days before the first Tuesday following the first Monday in November 
during each presidential election year except the forty-five day period 
which ends on the first Tuesday in May, and except as provided by 
the Board in the case of a special election. 
The Board may close 
the registry on Saturdays, Sundays and holidays." 
(12) So much of subsection (a) of section 8 of such Act of August 
12, 1955 (D.C. Code, sec. 1-1108), as precedes clause (1) is amended 
to read as follows: 
"(a) Candidates for office participating in an election of the 
officials referred to in clauses (1), (2), and (3) of the first section 
of this Act and of officials designated pursuant to clause (4) of such 
section shall be the persons registered under section 7 of this Act 
who have been nominated for such office by a petition—". 
(13) Section 8 of such Act of August 12, 1955 (D.C. Code, sec. 1-
1108), is further amended by adding at the end thereof the following 
new subsections: 
"(d) Each political party who has had its candidate elected as 
President of the United States after January 1, 1950, shall be entitled 
to nominate candidates for presidential electors. The executive com-
mittee of the organization recognized by the national committee of 
each such party as the official organization of that party in the District 
of Columbia shall nominate by appropriate means the presidential 
electors for that party. 
Nominations shall be made by message to the 
Board of Elections on or before September 1 next preceding a presi-
dential election. 
"(e) The names of the candidates of each political party for Presi-
dent and Vice President shall be placed on the ballot under' the title 
and device, if any, of that party as designated by the duly authorized 
committee of the organization recognized by the national committee of 
that party as the official organization of that party in the District. 
The form of the ballot shall be determined by the Board. 
The posi-
tion on the ballot of names of candidates for President and Vice 
President shall be determined by lot. 
The names of persons nomi-
nated as candidates for electors of President and Vice President shall 
not appear on the ballot. 
"(f) A political party which does not qualify under subsection (d) 
of this section may have the names of its candidates for President and 
Vice President of the United States printed on the general election 
ballot provided a petition nominating the appropriate number of 
candidates for presidential electors signed by at least 5 per centum of 
registered qualified electors of the District of Columbia, as of July 1 
of the year in which the election is to be held is presented to the Board 
on or before August 15 preceding the date of the presidential election. 
69 Stat. 702. 
D. C. C o d e 
75 S T A T . ] 
PUBLIC LAW 8 7 - 3 8 9 - O C T . 4, 1961 
819 
"(g) No pei-son may be elected to the office of elector of President ^.^"f^jig^*^^"""^ °^ 
and Vice President pursuant to this Act unless (1) he is a registered 
voter in the District and (2) he has been a bona fide resident of the 
District for a period of three years immediately preceding the date 
of the presidential election. 
Each person elected as elector of Presi-
dent and Vice President shall, in the presence of the Board, take an 
oath or solemnly affirm that he will vote for the candidates of the party 
he has been nominated to represent, and it shall be his duty to vote 
in such manner in the electoral college." 
(14) Subsection (a) of section 9 is amended by striking the second 
sentence. 
iio9. 
(15) Subsection (b) of section 9 is amended by striking "ballot" 
and inserting in lieu thereof "vote" in the first sentence thereof and 
by inserting at the end thereof the folloAving new sentence: "The 
Board shall by regulation permit voting for electors of President and 
Vice President by any registered elector who is absent from the Dis-
trict or who, because of his physical condition, is unable to vote in 
person at the polling place in his voting precinct on election day". 
(16) Subsection (e) of section 9 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1109), is amended by striking "municipal court 
of the District" and inserting in lieu thereof "municipal court for 
the District". 
(17) Subsection (g) of section 9 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1109), is amended to read as follows: 
"(g) No person shall vote more than once in any election, nor. 
shall any person vote in an election held by a political party other 
than that of which he has declared himself a member." 
(18) Subsection (a) of section 10 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1110), is amended by inserting "(1)" immediately 
after " (a)", and by adding at the end of such subsection the following: 
"(2) The electors of President and Vice President of the United ^^J,^'^"^""„f,tl*' 
States shall be elected on the Tuesday next after the first Monday in 
November in every fourth year succeeding every election of a President 
and Vice President of the United States. Polls shall be open from 
8 o'clock antemeridian to 8 o'clock postmeridian on election day. Each 
vote cast for a candidate for President or Vice President whose name 
appears on the general election ballot shall be counted as A vote cast 
for the candidates for presidential electors of the party supporting 
such presidential and vice presidential candidate. Candidates receiv-
ing the highest number of votes in such election shall be declared the 
winners, except that in the case of a tie it shall be resolved in the same 
manner as is provided in subsection (c) of this section," 
(19) Subsection (b) of section 10 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1109), is amended by striking "said election" and ^^D^ C. code i-
inserting in lieu thereof "such elections". 
(20) Section (d) of section 10 is amended by striking "dies" and 
inserting in lieu thereof "dies, resigns, or becomes unable to serve", 
and by striking "local committee" and inserting in lieu thereof "party 
committee: Provided^ That such successor shall have the qualifications 
required by this Act for such office". 
(21) Subsection (b) of section 13 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1113), is amended by inserting after the words "a 
candidate for" the w^ords "elector of President and Vice President,". 
(22) Subsection (d) of section 13 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1113), is amended by striking "any national 
committeeman" and inserting in lieu thereof "any elector, national 
commitJ:eeman". 
(23) Subsection (e) of section 13 of such Act of August 12, 1955 
(D.C. Code, sec. 1-1113), is amended by striking from the first 
method of voting. 
1110. 
820 
PUBLIC LAW 87-390-OCT. 4, 1961 
[75 S T AT. 
69 Stat. 699. 
D. C. C o d e 1 
1102. 
3 u s e 1-20. 
SUSC 2171 note. 
48 Stat. 322. 
sentence thereof "the election" and inserting in lieu thereof "an 
election". 
(24) Section 14 of such Act of August 12, 1955 (D.C. Code, sec. 
1-1114), is amended (A) by striking from the first sentence thereof 
"if employed in the counting of votes in such elections" and inserting 
in lieu thereof "if employed in the counting of votes in any election 
held pursuant to this Act knowingly"; (B) by inserting the word 
"knowingly" immediately before the words "make any expenditure". 
(25) The title of such Act of August 12, 1955 (D.C. Code), is 
amended to read as follows: "An Act to regulate the elation in the 
District of Columbia of electors of President and Vice President of 
the United States and of delegates representing the District of 
Columbia to national political conventions, and for other purposes." 
(26) Clause (A) of paragraph 2 of section 2 of such Act is 
amended to read as follows: " (A) who does not claim voting residence 
or right to vote in any State or Territory; and who, for the purpose 
of voting in an election under this Act, has resided in the District 
continuously since the beginning of the one-year period ending on 
the day of such election;". 
SEC. 2. (a) Chapter 1 of title 3 of the United States Code is 
amended by adding at the end thereof the following new section: 
"§ 21. Definitions 
"As used in this chapter the term— 
"(a) 'State' includes the District of Columbia. 
"(b) 'executives of each State'includes the Board of Commis-
sioners of the District of Columbia." 
(b) The table of contents of chapter 1 of title 3 of the United States 
Code is amended by adding at the end thereof the following: 
"21. Definitions." 
(c) For the purposes of the Federal Voting Assistance Act of 1955 
(69 Stat. 584) the word "State" shall be deemed to include the District 
of Columbia. 
SEC. 3. The second paragraph of section 7 of the District of Colum-
bia Alchoholic Beverage Control Act, as amended (sec. 25-107, D.C. 
Code, 1951 ed.), is amended by inserting after the first sentence the 
following new sentence: "Notwithstanding an^^ other provision of 
this Act, the Commissioners shall not authorize the sale by any 
licensee, other than the holder of a retailer's license, class E, of any 
beverages on the day of the presidential election in the District of 
Columbia during the hours when the polls are open, and any such 
sales are hereby prohibited." 
Approved October 4, 1961. 
October 4, 1961 
[H. R. 8383] 
Public Law 87-390 
AN ACT 
To further amend section 201 (i) of the Federal Civil Defense Act of 1950, as 
amended, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
AMVatt^nc^^'to ^^*^6«^ States of America in Congress assembled^ That section 201 (i) 
states. 
of the Federal Civil Defense Act of 1950, as amended, is further 
stat.^*^! 1249;72 amended by inserting after the first proviso the following: '•'•Provided 
50 u s e a p p. further^ That retroactive, financial contributions which were otherwise 
2281- 
approvable, approved and made to the States prior to June 30, 1960, 
to carry out the purposes of this subsection are hereby ratified and 
affirmed;" 
Approved October 4, 1961.