Elections and shall hold office for the duration of the unexpired term to which he was elected but not beyond the end of such term.

(b) If the office of Delegate becomes vacant at a time when the unexpired term of such office is six months or more, a special election and, if necessary, a runoff election shall be held, at such time and in such manner (comparable to that prescribed for general elections) as the Board of Elections shall prescribe.

(c) Until a vacancy in the office of Mayor, in the District Council or in the Board of Education can be filled in the manner prescribed in subsection (a) hereof, a vacancy in the office of Mayor shall be filled by appointment by the District Council; and a vacancy in the District Council or in the Board of Education shall be filled by appointment by the Mayor. No person shall be qualified for appointment to any office under this subsection unless, if nominated, he would have been a qualified candidate for such office at the last election conducted prior to or on the date the vacancy occurred. A person appointed to fill a vacancy under this subsection shall hold office until the time provided for an elected successor to take office, but not beyond the end of the term during which the vacancy occurred.

WHAT CANDIDATES ARE ELECTED

SEC. 905. At any general election, a candidate for Delegate or a candidate for Mayor who receives a majority of the votes validly cast for such office shall be elected. At any general election, each of the three candidates in each ward for positions on the District Council and each of the three candidates in each ward for positions on the Board of Education, receiving the highest number of valid votes, shall be elected if he receives more than one-sixth of the total number of votes validly cast in the District for all candidates in his ward for the position for which he is a candidate. In case any office is unfilled because of failure of any candidate to receive in any general election the necessary proportion of votes validly cast, there shall be a runoff election to fill such office. In such runoff election the candidates shall be the persons who were the unsuccessful candidates for the unfilled offices in the general election, and who received the highest number of valid votes in that election, to the number of twice the offices to be filled. The candidate or candidates receiving the highest number of votes validly cast in the runoff election shall be elected. In any election in which there are two or more similar positions to be filled in any ward, a vote for any candidate for such a position in that ward will be valid only if the ballot records votes for as many candidates for such positions in that ward as there are positions to be filled.

QUALIFIED ELECTORS

SEC. 906. No person shall vote in an election unless he is a qualified elector and, except as provided in section 907 (b), is registered in the District. A qualified elector of the District shall be any person (1) who has maintained a domicile or place of abode in the District continuously since the beginning of the one-year period ending on the day of the next election or, if such period has not begun, maintains a domicile or place of abode in the District, (2) who is a citizen of the United States, (3) who is, or will be on the day of the next election, at least twenty-one years old, (4) who has never been convicted of a felony in the United States or, if he has been so convicted, has been pardoned, (5) who is not mentally incompetent, as adjudged by a court of competent jurisdiction, and (6) who certifies that he has not, within two years prior to his registration, voted in any election at which candidates for any municipal offices (other than in the District of Columbia) were on the ballot, or in voting for District Delegate certifies that he has not, within two years prior to such registration, voted in any election (other than in the District of Columbia), for candidates to public office. A person who is qualified shall not be otherwise disqualified by being entitled to vote in another jurisdiction.

REGISTRATION

SEC. 907. (a) No person shall be registered unless

(1) he is a qualified elector; and

(2) he has maintained a domicile or place of abode in the District continuously since the beginning of the nine-month period ending on the day he offers to register; and

(3) he executes a registration affidavit (unless prevented by physical disability) on a form prescribed by the Board of Elections, showing—

(A) that he meets each of the requirements specified in section 906 for a qualified elector for the office for which he intends to vote;

(B) that he meets the requirements of paragraph (2) of this subsection; and

(C) that he has no intention of doing any act which would prevent him from being a qualified elector on the day of the next election. (b) If a person is not permitted to register, such person, or any qualified candidate, may appeal to the Board of Elections, but not later than three days after the registry is closed for the next election. The Board shall decide within seven days after the appeal is perfected whether the challenged elector is entitled to register. If the appeal is denied the appellant may, within three days after such denial, appeal to the Municipal Court for the District of Columbia. The court shall decide the issue not later than eighteen days before the day of the election. If the appeal is upheld by either the Board or the court, the challenged elector shall be allowed to register immediately. If the appeal is pending on election day, the challenged elector may cast a ballot marked "challenged", as provided in section 911.

QUALIFIED CANDIDATES

SEC. 908. The candidates at an election in the District shall be the persons, registered under section 907, who have been nominated as provided in section 909. Members of the Board of Elections may not be such candidates.

NOMINATIONS

SEC. 909. (a) Nomination of a candidate shall take place when the Board of Elections receives a petition (prepared and presented in accordance with rules prescribed by the Board) nominating the named person as a candidate for office on the District Council, as District Delegate, Mayor, or on the Board of Education. The petition shall be signed by not less than one thousand persons registered under section 907 for nomination as District Delegate or as Mayor, and by not less than one thousand of the voters registered under section 907 in the ward from which the candidate seeks nomination, for nomination to the District Council or to the Board of Education. The petition shall be accompanied (1) by a filing fee of $100 in the case of a candidate for Mayor, District Delegate, or an office in the District Council, or $25 in the case of a candidate for an office in the Board of Education, and (2) by an affidavit executed by the individual proposed to be nominated stating that he is qualified as provided in this Act. All such fees shall be deposited in the general fund of the District.

(b) No person may be a candidate for more than one office in any election. If a person is nominated for more than one office, he shall, within three days after the last day on which nominations may be made (as prescribed by the Board of Elections), notify the Board of Elections for which such office he elects to run.

NONPARTISAN ELECTIONS

SEC. 910. Ballots and voting machines shall show no party affiliations, emblem, or slogan. Sections 594, 595, 598, 600, 601, 604, 605, 608, and 611 of title 18, United States Code, shall not apply with respect to the election of members of the District Council or the Board of Education.

METHOD OF VOTING

SEC. 911. (a) Voting in all elections shall be secret. Voting may be by paper ballot or voting machine.

(b) The ballot shall show the wards from which each candidate (other than for District Delegate) has been nominated. Each voter shall be entitled to vote for nine candidates for the District Council, not more than three from each ward; for nine candidates for the Board of Education, not more than three from each ward; for one candidate for Mayor and for one candidate for District Delegate. No person shall be a candidate from more than one ward.

(c) The ballot of a person who is registered as a resident of the District shall be valid only if cast in the voting precinct where the residence shown on his registration is located.

(d) Absentee balloting shall be permitted under regulations adopted by the Board of Elections.

(e) Each qualified candidate may have a watcher at each polling place, provided the watcher presents proper credentials signed by the candidate. No one shall interfere with the opportunity of a watcher to observe the conduct of the election at that polling place and the counting of votes. Watchers may challenge prospective voters who are believed to be unqualified to vote.

(f) If the official in charge of the polling place, after hearing both parties to any such challenge or acting on his own initiative with respect to a prospective voter, reasonably believes the prospective voter is unqualified to vote, he shall allow the voter to cast a paper ballot marked "challenged." Ballots so cast shall be segregated, and no such ballot shall be counted until the challenge has been removed as provided in subsection (g).

(g) If a person has been permitted to vote only by challenged ballot, such person, or any qualified candidate, may appeal to the Board of Elections, within three days after election day. The Board shall decide within seven days after the appeal is perfected whether the voter was qualified to vote. If the Board decides that the voter was qualified to vote, the word "challenged" shall be stricken from the voter's ballot and the ballot shall be treated as if it had not been challenged.

(h) If a voter is physically unable to mark his ballot or operate the voting machine, the official in charge of the voting place may enter the voting booth with him and vote as directed. Upon the request of any such voter, a second election official may enter the voting booth to assist in the voting. The officials shall tell no one what votes were cast. The official in charge of the voting place shall make a return of all such voters, giving their names and disabilities. (i) A voter shall vote only once with respect to each office to be filled. (j) Copies of the regulations of the Board of Elections with respect to voting shall be made available to prospective voters at each polling place.

RECOUNTS AND CONTESTS

SEC. 912. (a) After the Board of Elections certifies the results of an election, any person who voted in the election may petition the United States District Court for the District of Columbia to review such election. In response to such a petition, the court may (A) set aside one or more of the results so certified and declare the true results of the election, or (B) void all or part of the election. To determine the true results of an election the court may order a recount or take other appropriate action. The court shall void all or part of an election only for fraud, mistake, or other defect, serious enough to vitiate the election (or part thereof) as a fair expression of the will of the registered qualified electors of the District voting therein. In any proceeding under this section the court may appoint a commission for the purpose of receiving evidence and making findings of fact.

(b) If the court voids all or part of an election under this section, and if it determines that the number and importance of the matters involved outweigh the cost and practical disadvantages of holding another election, it may order a special election for the purpose of voting on the matters with respect to which the election was declared void.

(c) Special elections shall be conducted in a manner comparable to that prescribed for regular elections and at times and in the manner prescribed by the Board of Elections by regulation. A person elected at such an election shall take office on the day following the date on which the Board of Elections certifies the results of the election.

(d) Vacancies resulting from voiding all or part of an election shall be filled as prescribed in section 904.

INTERFERENCE WITH REGISTRATION OR VOTING

SEC. 913. (a) No one shall interfere with the registration or voting of another person, except as it may be reasonably necessary in the performance of a duty imposed by law. No person performing such a duty shall interfere with the registration or voting of another person because of his race, color, sex, or religious belief, or his want of property or income.

(b) No registered voter shall be required to perform a military duty on election day which would prevent him from voting, except in time of war or public danger or unless he is away from the District in military service. No registered voter may be arrested while voting or going to vote except for a breach of the peace then committed or for treason or felony.

VIOLATIONS

SEC. 914. Whoever willfully violates any provision of this title, or of any regulation prescribed and published by the Board of Elections under authority of this title, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than six months, or both.

TITLE X-MISCELLANEOUS

AGREEMENTS WITH UNITED STATES

SEC. 1001. (a) For the purpose of preventing duplication of effort or of otherwise promoting efficiency and economy, any Federal officer or agency may furnish services to the District government and any District officer or agency may furnish services to the Federal Government. Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law, such services shall be furnished pursuant to a contract (1) negotiated by the Federal and District authorities concerned, and (2) approved by the Director of the Bureau of the Budget and by the Mayor, by and with the advice and consent of the District Council. Each such contract shall provide that the cost of furnishing such services shall be borne in the manner provided in subsection (c) by the Government to which such services are furnished at rates or charges based on the actual cost of furnishing such services. (b) For the purpose of carrying out any contract negotiated and approved pursuant to subsection (a), any District officer or agency may in the contract delegate any of his or its function to any Federal officer or agency, and any Federal officer or agency may in the contract delegate any or his or its functions to any District officer or agency. Any function so delegated may be exercised in accordance with the terms of the delegation.

(c) The costs to each Federal officer and agency in furnishing services to the District pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the District Council_to the District officers and agencies to which such services are furnished. The costs to each District officer and agency in furnishing services to the Federal Government pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the Congress to the Federal officers and agencies to which such services are furnished.

PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS

SEC. 1002. No member of the District Council and no other officer or employee of the District with power of discretion in the making of any contract to which the District is a party or in the sale to the District or to a contractor supplying the District of any land or rights or interests in any land, material, supplies, or services shall have a financial interest, direct or indirect, in such contract or sale. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the District found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge express or implied of the person contracting with the District shall render the contract voidable by the Mayor or the District Council.

COMPENSATION FROM MORE THAN ONE SOURCE

SEC. 1003. (a) Except as provided in this Act, no person shall be ineligible to serve or to receive compensation as a member of the District Council, the Board of Education, or the Board of Elections because he occupies another office or position or because he receives compensation (including retirement compensation) from another source.

(b) The right to another office or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of the District Council or either such Board, if such service does not interfere with the discharge of his duties in such other office or position.

(c) For the purpose of sections 281, 283, 284, 434, and 1914 of title 18 of the United States Code and section 190 of the Revised Statutes (5 U.S.C. 99), no person shall, by reason of membership on the District Council, the Board of Education, or the Board of Elections or by reason of his serving in any position

in or under the government of the District of Columbia, be considered to be an officer or employee of the United States.

TITLE XI-SUCCESSION IN GOVERNMENT

TRANSFER OF PERSONNEL, PROPERTY, AND FUNDS

SEC. 1101. (a) In each case of the transfer, by any provision of this Act, of functions to any agency or officer, there are hereby transferred (as of the time of such transfer of functions) to such agency or to the agency of which such officer is the head, for use in the administration of the functions of such agency, or officer, the personnel (except the members of boards or commissions abolished by this Act), property, records, and unexpended balances of appropriations and other funds, which relate primarily to the functions so transfered. (b) If any question arises in connection with the carrying out of subsection (a), such question shall be decided

(1) in the case of functions transferred from a Federal officer or agency, by the Director of the Bureau of the Budget; and

(2) in the case of other functions (A) by the District Council, or in such manner as the District Council shall provide, if such functions are transferred to the District Council or to the Board of Education, and (B) by the Mayor if such functions are transferred to any other officer or agency.

(c) Any of the personnel transferred to any agency by this section which the head of such agency shall find to be in excess of the personnel necessary for the administration of his or its functions shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service.

(d) No officer or employee shall, by reason of his transfer by this Act, be deprived of a civil-service status held by him prior to such transfer.

EXISTING STATUTES, REGULATIONS, AND SO FORTH

SEC. 1102. (a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this Act shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made.

(b) As used in subsection (a), the term "other action" includes any rule, order, contract, policy, determination, directive, grant, authorization, permit, requirement, or designation.

PENDING ACTIONS AND PROCEEDINGS

SEC. 1103. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act, but the court, unless it determines that the survival of such suit, action, or other proceeding is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.

(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.

VACANCIES RESULTING FROM ABOLITION OF BOARD OF COMMISSIONERS

SEC. 1104. Until July 1, 1957, no vacancy occurring in any District agency by reason of section 321, abolishing the Board of Commissioners, shall affect the power of the remaining members of such agency to exercise its functions, but such agency may take action only if a majority of the members holding office vote in favor it.