If a majority of qualified voters approves the referendum, a District of Columbia Charter Board would be set up, consisting of 15 persons, nominated by a petition of at least 300 voters and elected at large in a nonpartisan election.

The Charter Board is empowered within 7 months of election to prepare a District of Columbia charter establishing a municipal government for the District of Columbia, which would then be submitted to the voters for approval or disapproval. If approved, it would be transmitted to Congress and would take effect within 90 days thereafter, unless meanwhile it had been disapproved by either House; or if both Houses approved, it would take effect thereupon. Complete legislative power over the District would be provided by such charter within the scope of the power of Congress acting as a legislature for the District, and consistent with the constitutional requirement that Congress retains ultimate legislative authority over the Nation's Capital.

Reservation is also provided for the Congress at any time to amend the charter, or for the people of the District to do so by referendum unless disapproved by Congress.

Provision is included for veto by the President of any legislation enacted by the municipal government.

The bill does not contain any provision for a Federal payment to the District.

[H.R. 10115, 89th Cong., 1st sess.]

A BILL Authorizing the residents of the District of Columbia to make known their preference on the question of home rule and, if they wish, to elect a board for the purpose of preparing a municipal charter for submission to the voters and to Congress, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Charter Act".

DECLARATION OF POLICY

SEC. 2. It is the intent of Congress to make available to the inhabitants of the District of Columbia such measure and form of local self-government as they themselves shall democratically establish if such self-government is consistent with the constitutional injunction that Congress retain ultimate legislative authority over the Nation's Capital. In taking this action it is further the intent of Congress to demonstrate its fundamental and enduring belief in the merits of the democratic process by exercising its retained legislative responsibility for the seat of the Federal Government only as it concerns amendments to any charter which might be established under this Act, but not as it concerns the routine municipal affairs of the District of Columbia.

SELF-GOVERNMENT REFERENDUM AND CHARTER BOARD ELECTION

SEC. 3. (a) (1) The Board of Elections shall conduct a referendum, on a day specified by it, not later than one hundred days after the date of enactment of this Act to determine if the residents of the District of Columbia want selfgovernment for the District of Columbia. The following proposition shall be submitted to the voters in the referendum:

"The voters of the District of Columbia are being asked in this election whether they want a District of Columbia Charter Board created whose purpose would be to write a charter for the District of Columbia. The charter, if approved in accordance with the District of Columbia Charter Act, would establish local self-government for the District of Columbia. Do you approve the creation of a District of Columbia Charter Board?

(2) In order for the proposition to be approved, a majority of the registered voters must vote in the referendum and a majority of those voting must vote in favor of the proposition.

(b) The Board of Elections shall also conduct an election on the same day as the referendum to choose members of the Charter Board (to be established in accordance with section 4).

(c) Every qualified elector

(1) who has registered with the Board of Elections, in accordance with section 7 of the District of Columbia election law, for the last election held in the District of Columbia prior to the date of the election and referendum authorized by this section and who the Board of Elections ascertains is still a qualified elector, or

(2) who registers with the Board of Elections in accordance with subsection (d) of this section.

shall be entitled to vote in such election and referendum.

(d) (1) The Board of Elections shall conduct a registration of electors under section 7 of the District of Columbia election law, during a period beginning as soon as practicable after the date of enactment of this Act and ending not more than thirty or less than twenty days before the date of the referendum and election.

(2) The Board of Elections may by regulation prescribe any reasonable method for ascertaining whether a person registered to vote in the last election held in the District of Columbia prior to the date of the election and referendum authorized by this section is a qualified elector. Any such person who it ascertains is a qualified elector shall be notified by mail before the beginning of the registration period established under paragraph (1) of this subsection.

(e) (1) Before the beginning of the registration period the Board of Elections shall publish in each of the daily newspapers of general circulation in the District of Columbia a list of registration places and the dates and hours of registration. (2) Not later than two weeks before the election and referendum, the Board shall publish and mail to each registered voter a voter information pamphlet which shall contain (A) a statement (not exceeding one hundred and twenty-five words in length) by each candidate for election setting forth this qualifications, (B) an argument for approval of the proposition to be submitted in referendum, and (C) if this Act is not passed in each House without opposition, an argument for disapproval of that proposition. Each argument shall not exceed five hundred words in length. The argument for approval of that proposition shall be jointly written by two Members of Congress who voted for the approval of this Act, one appointed from the House by the Speaker and one appointed from the Senate by the President pro tempore. The argument for disapproval of that proposition shall be jointly written by two Members of Congress, similarly appointed, who voted against the approval of this Act if there were Members in each House that voted against approval of this Act; otherwise such arguments shall be written by one Member, who voted against approval of this Act, who shall be selected by the President pro tempore or the Speaker, as the case may be.

(f) (1) In the election of members of the Charter Board, there shall be a number of different ballot forms equal to the number of candidates. The Board of Elections shall arrange such ballot forms so that the order in which the candidates' names appear on the ballot forms is rotated from one voting precinct to the next. The rotation shall be accomplished by arranging one ballot form so that the names of the candidates are listed vertically in alphabetical order, and by arranging each succeeding form by placing at the bottom of the list the name which was at the top of the list on the preceding form. The forms shall be allotted to voting precincts by lot in a manner prescribed by the regulations of the Board of Elections.

(2) Ballots and voting machines shall show no party affiliation, emblem, or slogan.

(g) (1) To be a candidate for the office of member of the Charter Board a person must be nominated in accordance with this subsection, must be a registered elector of the District of Columbia, and must have been a continuous resident of the District of Columbia for at least three years prior to the day of the election. The President, Vice President, Members of Congress, and officers and employees of the District of Columbia shall be ineligible for membership on the Charter Board.

(2) To be nominated as a candidate a person must present a petition to the Board of Elections not less than forty-five days prior to the election. Such

petition shall contain signatures of at least three hundred registered electors and shall be accompanied by a nonrefundable filing fee of $25. The Board of Elections shall determine the validity of the signatures contained in such petition.

(3) Members of the Charter Board shall be elected from the District of Columbia at large.

(h) (1) In the election each voter may cast one vote for each of not more than fifteen candidates. The fifteen candidates receiving the largest number of votes shall be elected.

(2) The Board of Elections shall certify the results of the election and referendum to the President, the Clerk of the House, and the Secretary of the Senate, and the Board of Elections shall issue a certificate of election to each person elected to the Charter Board.

ESTABLISHMENT OF CHARTER BOARD

SEC. 4. (a) If the proposition submitted to the referendum conducted under section 3 is approved, there shall be established an independent agency of the United States to be known as the District of Columbia Charter Board. The Charter Board shall be composed of the fifteen persons elected in the election conducted under section 3. The candidate for office of member of the Charter Board who received the highest number of votes in such election shall be chairman of the Charter Board until the Charter Board selects a chairman from among its number.

(b) Each member of the Charter Board shall be entitled to receive $50 per diem when engaged in the performance of duties vested in the Charter Board, except that (1) a member who is also an officer or employee of the United States shall not be entitled to receive such per diem for any day for which he is compensated by the United States for his services as such an officer or employee, and (2) no member may receive more than $5,000 in the aggregate for his services as a member.

(c) The Charter Board shall have the power to appoint and fix the compensation of such personnel, as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended.

(d) The Charter Board may procure, in accordance with the provisions of section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), the temporary or intermittent services of experts or consultants. Individuals so employed shall receive compensation at a rate to be fixed by the Charter Board, but not in excess of $100 per diem, including travel time, and while away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

(e) The District of Columbia government shall furnish such space and facilities in public buildings in the District as the Charter Board may reasonably request, and shall provide the Charter Board with such records, information, and other services as may be required by the Board for the carrying out of its function.

(f) The Charter Board may hold meetings, hearings, and issue subpenas within the District of Columbia. Subpenas may be issued under the signature of the Chairman of the Charter Board or any member of the Charter Board designated by him, and may be served by any person designated by such Chairman or member.

(g) Hearings of the Charter Board shall be open to the public and shall be held at reasonable hours and at such places as to accommodate a reasonable number of spectators.

(h) (1) There is authorized to be appropriated not more than $300,000 for the administrative expenses of the Charter Board.

(2) There is authorized to be appropriated to the Board of Elections such sums as may be necessary to conduct the election and referendums authorized by this Act.

POWERS AND DUTIES OF CHARTER BOARD

SEC. 5. (a) Subject to the limitations in subsection (b), the Charter Board shall have the power to propose a District of Columbia charter, within two hundred and ten days from the day on which the election and referendum is held under section 3. Such charter shall, if approved in a referendum conducted

under section 6 and if not disapproved by Congress under section 7, establish a municipal government for the District of Columbia. The Charter Board may propose a charter only by the vote of a majority of its members, and only one charter may be proposed. A copy of the proposed charter shall be transmitted to the Board of Elections.

(b) (1) The Charter Board is authorized to prepare a charter which may vest in a District of Columbia government complete legislative power over the District of Columbia with respect to all rightful subjects of legislation which are within the scope of the power of Congress in its capacity as the legislature for the District of Columbia as distinguished from its capacity as the National Legislature. The Congress reserves the right, at any time after the adoption of such a charter to exercise its constitutional authority to amend in whatever fashion it chooses any charter written pursuant to this Act. Provisions of a charter may provide for subsequent amendment of the charter by the people of the District of Columbia. Such an amendment must be submitted in a referendum. However, such an amendment shall not take effect if disapproved by Congress in the manner provided by section 7(c).

(2) The President of the United States may disapprove any legislation enacted by a District of Columbia government established under a charter approved pursuant to this Act, but his positive assent is not needed for any such legislation to take effect.

(3) The Charter Board may also provide in the charter for the creation of such courts as may be necessary to assume the functions, solely relating to the affairs of the District of Columbia, of any Federal court within the District.

CHARTER REFERENDUM

SEC. 6. (a) The Board of Elections shall submit to referendum the charter proposed by the Charter Board. Such referendum shall be conducted by the Board of Elections, on a day specified by it, not later than forty-five days after the Charter Board transmits the charter proposed by it to the Board of Elections. The provisions of section 3 relating to the referendum conducted under that section shall be applicable to the referendum conducted under this section, except that (1) the registration period shall begin as soon as practicable after the transmission of the proposed charter to the Board of Elections, (2) the arguments respecting approval of the proposition shall be written by members of the Charter Board appointed by the chairman thereof, and (3) the voter information pamphlet shall contain a copy of the proposed charter.

(b) The following proposition shall be submitted to the voters in the referendum :

"The District of Columbia Charter Board has written a charter which, if approved in accordance with the District of Columbia Charter Act, would establish local self-government for the District of Columbia. Do you approve the charter?

SEC. 7. (a) A charter proposed by the Charter Board in accordance with section 5 and approved in referendum under section 6 shall be transmitted to the Congress. The delivery to both Houses shall be on the same day and shall be made to each House while it is in session.

(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the District of Columbia Charter transmitted to Congress shall take effect upon the expiration of ninety days following the date on which such charter is transmitted to Congress, unless between the date of transmittal and the expiration of such ninety-day period there has been approved by either of the two House of Congress a resolution stating that that House does not favor such charter.

(2) If before the expiration of such ninety-day period the Congress shall approve a concurrent resolution stating that the Congress approves such charter, such charter shall take effect on the date of approval of such resolution. (3) For purposes of this subsection in the computation of the ninety-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain or sine die. (c) Amendments to such Charter which are aproved in a referendum shall take effect in the manner provided in subsection (b) for such Charter.

DISSOLUTION OF CHARTER BOARD

SEC. 8. The Charter Board shall cease to exist seven months after the approval of the proposition submitted to referendum under section 3, unless the Board proposes a charter under section 5, in which case the Board shall cease to exist on the day after the day on which a referendum is conducted under section 6.

SEC. 9. For purposes of this Act—

DEFINITIONS

(1) the term "Charter Board" means the District of Columbia Charter Board established by section 4 of this Act;

(2) the term "District of Columbia Election Law" means the Act of August 12, 1955 (D.C. Code, sec. 1-1101 et seq.);

(3) the term "Board of Elections" means the Board of Elections for the District of Columbia; and

(4) the term "qualified elector" has the same meaning as it has in section 2 (2) of the District of Columbia Election Law (D.C. Code, sec. 1-1120 (2)).

V

DELEGATE TO HOUSE

H.R. 2622 (Mathias)

H.R. 4765 (Diggs)

These similar bills authorize the election of a delegate from the District to the House.

Said delegate shall be elected from candidates chosen from primary elections.

The delegate is given the right to debate but not the right to vote. H.R. 2622, in addition, contains provision for a special election of a delegate to serve during the remainder of the 89th Congress, in a general election, after primaries to be no later than November 16,

1965.

[H.R. 2622, 89th Cong., 1st sess.]

A BILL To establish, in the House of Representatives, the office of Delegate from the District of Columbia; to provide for the election of the Delegate; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the people of the District of Columbia shall be represented in the House of Representatives of the United States by an elected Delegate, to serve during each Congress. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. He shall be at least twenty-five years of age at the time of his election, shall be a qualified elector in the District, and shall have resided in the District for the three-year period immediately preceding the date of his election. He shall forfeit his office upon failure to maintain the qualifications required by this Act and by the District Election Act, as amended.

NOMINATIONS AND ELECTIONS OF DELEGATES

SEC. 2. (a) The Delegate shall be elected by the people of the District of Columbia in a general election. Each candidate for Delegate in such general election shall, except as otherwise provided in section 2(d) of this Act, have been elected as such a candidate by a primary election. The District Election Act, as amended by this Act, shall govern the nomination and election of Delegates and candidates for Delegate.

(b) Section 8(c) of the District Election Act is amended by striking out the words "The Board" and by inserting in lieu thereof the words "In any election of 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, the Board”.