TITLE XII-SEPARABILITY OF PROVISIONS

SEPARABILITY OF PROVISIONS

SEC. 1201. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.

TITLE XIII-TEMPORARY PROVISIONS

POWERS OF THE PRESIDENT DURING TRANSITION PERIOD

SEC. 1301. The President of the United States is hereby authorized and directed to take such action during the period following the date of the enactment of this Act and ending on the date of the first meeting of the District Council, by Executive order or otherwise, with respect to the administration of the functions of the District of Columbia government, as he deems necessary to enable the Charter Referendum Board and the Board of Elections properly to perform their functions under this Act.

REIMBURSABLE APPROPRIATIONS FOR THE DISTRICT FOR PERIOD ENDING JUNE 30, 1958 SEC. 1302. (a) The sum of $500,000 is hereby authorized to be appropriated for the District of Columbia, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1958, for use (1) in paying the expenses of the Charter Referendum Board (including compensation of the members thereof), (2) in paying the expenses of the Board of Elections (including compensation of the members thereof), and (3) in otherwise carrying into effect the provisions of this Act.

(b) The full amount of expenditures out of the appropriations made under this authorization shall be reimbursed to the United States, without interest, during the fiscal year ending June 30, 1959, from the general fund of the District of Columbia.

TITLE XIV-EFFECTIVE DATES

EFFECTIVE DATES

SEC. 1401. (a) As used in this title and title XV the term "charter" means titles I to XII, both inclusive, and titles XVI to XVII.

(b) The charter shall take effect only if accepted pursuant to title XV. If the charter is so accepted, it shall take effect on the day following the date on which it is accepted (as determined pursuant to section 1506) except that—

(1) part 2 of title III, title VII, and sections 802 and 803, shall take effect on January 1, 1958;

(2) section 402 shall take effect on the day after the day upon which the Mayor first elected takes office; and

(3) title V shall be applicable only with respect to the fiscal year ending June 30, 1959, and each succeeding fiscal year.

(c) Titles XIII, XIV, and XV shall take effect on the day following the date on which this Act is enacted.

TITLE XV-SUBMISSION OF CHARTER FOR REFERENDUM

CHARTER REFERENDUM

SEC. 1501. (a) On August 3, 1957, a referendum (in this title referred to as the "charter referendum") shall be conducted to determine whether the registered qualified electors of the District of Columbia accept the charter.

(b) As used in this title, the term "qualified elector" means a person (1) who has a place of abode or has been domiciled in the District of Columbia continuously since August 3, 1956; (2) who is a citizen of the United States; (3) who is or will be on August 3, 1956, 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 other wise disqualified by being entitled to vote in another jurisdiction.

CHARTER REFERENDUM BOARD

SEC. 1502. (a) There is hereby created as an agency of the District of Columbia government a Charter Referendum Board, consisting of five members, as follows: (1) The President of the Board of Commissioners of the District of Columbia, and (2) four individuals who are not employees of the District, appointed by the President of the United States from among the qualified electors who reside and are domiciled in the District. No individual shall be so appointed unless he executes an affidavit that he resides and is domiciled in the District. The President of the United States shall designate the member who shall act as Chairman of the Board.

(b) The Charter Referendum Board shall—

(1) prepare and maintain a registry;

(2) conduct the charter referendum provided for by section 1501;

(3) in addition to determining appeals with respect to matters referred to in sections 1503 and 1505, determine appeals with respect to any other matters which (under regulations prescribed by it under subsection (c)) may be appealed to it;

(4) print, distribute, and count ballots, or provide and operate suitable voting machines;

(5) divide the District of Columbia into appropriate voting precincts, each of which shall contain at least three hundred and fifty registered persons; (6) operate polling places;

(7) certify the result of the charter referendum; and

(8) perform such other functions as are imposed upon it by this title. (c) The Charter Referendum Board may prescribe such regulations, not inconsistent with the provisions of this title, as may be necessary or appropriate for the purposes of this title, including regulations providing for appeals to it on questions arising in connecton with registrations and voting (in addition to matters referred to in sections 1503 and 1505) and for determination by it of appeals. (d) The officers and agencies of the District of Columbia government shall furnish to the Charter Referendum Board, upon request of such Board, such space and facilities in public buildings in the District of Columbia to be used as registration or polling places, and such records, information, services, personnel, offices, and equipment, and such other assistance and facilities, as may be necessary to enable such Board properly to perform its functions.

(e) In the performance of its duties, the Charter Referendum Board shall not be subject to the authority of any nonjudicial officer of the District of Columbia. (f) Members of the Charter Referendum Board other than the President of the Board of Commissioners shall hold no other office or employment in the District of Columbia government. Not more than three members shall be registered members of the same political party.

(g) Each member of the Charter Referendum Board except the President of the Board of Commissioners shall be paid compensation at the rate of $250 a month, but not to exceed a total of $1,500.

(h) The Charter Referendum Board, and persons authorized by it, may administer such oaths as it considers appropriate to require in the performance of its functions.

(i) The Charter Referendum Board may employ necessary personnel and may fix their compensation without regard to the Classification Act of 1949, as amended.

(j) The records and accounts of the Charter Referendum Board shall, subject to such limitations prescribed by such Board as are reasonably necessary to the exercise of its functions, be open to public inspection during regular business hours. Such requirements shall not extend to records and accounts the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

(k) The Charter Referendum Board shall cease to exist at the close of the day on which the charter is accepted (as determined pursuant to section 1506), or at the close of December 31, 1957, whichever is earlier.

(1) If the charter is accepted under this title, the function of winding up the affairs of the Charter Referendum Board shall be exercised, after such Board

ceases to exist, by the Board of Elections created by section 901. If the charter is not accepted under this title, such function shall be exercised, after such Board ceases to exist, by the Board of Commissioners of the District of Columbia.

REGISTRATION

SEC. 1503. (a) The Charter Referendum Board shall conduct within the District of Columbia a registration of the qualified electors of the District, commencing as soon as practicable after the enactment of this Act (but in no event later than June 15, 1957) and continuing until July 15, 1957.

(b) Prior to the commencement of such registration, the Charter Referendum Board shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the registration places and the dates and hours of registration.

(c) No qualified elector may vote in the charter referendum unless he is registered in the District of Columbia.

(d) No person shall be registered unless

(1) he is a qualified elector; and

(2) he executes a registration affidavit (unless prevented by physical disability) showing

(A) that he meets each of the requirements specified in section 1501 (b) for a qualified elector; and

(B) that he has no intention of doing any act which would prevent him from being a qualified elector on August 3, 1957.

(e) In any case where a person is not permitted to register, such person may appeal to the Charter Referendum Board, but not later than July 18, 1957. 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 August 1, 1957. If the appeal is upheld by either the Board or the court, the challenged elector shall be allowed to register immediately.

CHARTER REFERENDUM BALLOT; NOTICE OF VOTING

SEC. 1504. (a) The charter referendum ballot shall contain the following, with the blank space appropriately filled:

"The District of Columbia Charter Act, enacted

proposes to establish a new charter for the District of Columbia, but provides that the charter shall take effect only if it is accepted by the registered qualified electors of the District in this referendum.

"By marking a cross (X) in one of the squares provided below, show whether you are for or against the charter.

For the charter

Against the charter"

(b) Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second paragraph of the charter referendum ballot as it determines to be necessary to permit the use of voting machines if such machines are used.

(c) Not later than July 29, 1957, the Charter Referendum Board shall mail to each person registered (1) a sample of the charter referendum ballot, and (2) information showing the polling place of such person and the date and hours of voting.

(d) Not later than August 1, 1957, the Charter Referendum Board shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the polling places and the date and hours of voting.

METHOD OF VOTING

SEC. 1505. The applicable provisions of section 911, with respect to method of voting, notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this title shall govern the conduct of voting in the charter referendum, except that for such purpose

(1) references therein to the Board of Elections shall be considered to apply to the Charter Referendum Board; and

(2) the Charter Referendum Board shall appoint suitable watchers at each polling place.

ACCEPTANCE OR NON ACCEPTANCE OF CHARTER

SEC. 1506. (a) If a majority of the registered qualified electors voting in the charter referendum vote for the charter, the charter shall be considered accepted as of the time the Charter Referendum Board certifies the result of the charter referendum to the President of the United States, as provided in subsection (b).

(b) The Charter Referendum Board shall, within a reasonable time, but in no event later than August 19, 1957, certify the result of the charter referendum to the President of the United States and to the Secretary of the Senate and the Clerk of the House of Representatives.

INTERFERENCE WITH REGISTRATION OR VOTING

SEC. 1507. (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 the day of the charter referendum which would prevent him from voting except in time of war or public danger or unless he is away from the District of Columbia 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. 1508. Whoever willfully violates any provision of this title, or of any regulation prescribed and published by the Charter Referendum Board 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 XVI-DELEGATE

DISTRICT DELEGATE

SEC. 1601. (a) Until a constitutional amendment and subsequent congressional action otherwise provide, the people of the District shall be represented in the House of Representatives of the United States by a Delegate, to be known as the "Delegate from the District of Columbia", who shall be elected as provided in this Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. The Delegate shall be a member of the House Committee on the District of Columbia and shall possess in such committee the same powers and privileges as in the House of Representatives, and may make any motion except to reconsider. His term of office shall be for two years.

(b) No person shall hold the office of District Delegate unless he (1) is a qualified elector, (2) is at least twenty-five years old, (3) holds no other public office, and (4) is domiciled and resides in the District and has during the three years next preceding his nomination been resident in and domiciled in the District. He shall forfeit his office upon failure to maintain the qualifications required by this subsection.

(c) (1) Subsections (a) and (b) of section 601 of the Legislative Reorganization Act of 1946, as amended, are hereby amended by striking out "from the Territories".

(2) Paragraph (10 of section 3A of the Civil Service Retirement Act of May 29, 1930, as amended (U.S.C., 1946 edition, title 54, sec. 693-1), is hereby amended by striking out "from a Territory".

(3) The second paragraph under the heading "House of Representatives" in the Act of July 16, 1914 (U.S.C., 1946 edition, title 2, sec. 37), is hereby amended by striking out "from Territories".

(4) Paragraph (i) of section 302 of the Federal Corrupt Practices Act, 1925, as amended (U.S.C., 1946 edition, title 2, sec. 241), is hereby amended by inserting after "United States" the following: "and the District of Columbia".

(5) Section 591 of title 18, United States Code, is hereby amended by inserting "and the District of Columbia" before the period at the end thereof. Section 594 of such title is hereby amended by inserting after "Territories and possessions" the following: "or the District of Columbia". The first paragraph of

section 595 of such title is hereby amended by inserting after "from any Territory or possession" the following: "or the District of Columbia".

TITLE XVII-REFERENDUM

POWER OF REFERENDUM

SEC. 1701. (a) The qualified electors (as defined in section 906) shall have power, pursuant to the procedure provided by this title, to approve or reject in a referendum any act of the District Council which has become law, whether or not such Act is yet operative. This power shall not extend, however, to acts authorizing the issuance of bonds, which shall be subject to the referendum provisions contained in section 602, or to acts continuing existing taxes or making appropriations not in excess of those for the preceding fiscal years. Within forty-five days after an act subject to this title has become law, a petition signed by qualified electors equal in number to at least 10 per centum of the registered voters at the last preceding general election may be filed with the Secretary of the District Council requesting that any such act be submitted to a vote of the qualified electors.

(b) The Disrict Council is authorized to prescribe such regulations as may be necessary or appropriate with respect to the form, filing, examination, amendment, and certification of petitions for referenda. The Board of Elections is authorized to prescribe such regulations as may be necessary or appropriate with respect to the conduct of a referendum held under this title.

EFFECT OF CERTIFICATION OF REFERENDUM PETITION

SEC. 1702. When a referendum petition has been certified as sufficient by the Secretary, the act specified in the petition shall not become operative, or further action thereunder shall be suspended if it shall have become operative, until and unless approved by the electors, as provided in this title.

SUBMISSION TO ELECTORS

SEC. 1703. An Act with respect to which a petition for a referendum has been filed and certified as sufficient shall be submitted to the qualified electors at a referendum to be held in connection with the first general election which occurs not less than thirty days nor more than one year from the date on which the Secretary files his certificate of the sufficiency of the petition. The District Council shall, if no general election is to be held within such period, provide for a special election for the purpose of conducting the referendum.

AVAILABILITY OF LIST OF QUALIFIED ELECTORS

SEC. 1704. If any organization or group requests it for the purpose of circulating descriptive matter relating to the Act to be voted on at a referendum, the Board of Elections shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof.

RESULTS OF REFERENDUM

SEC. 1705. An Act which is submitted to a referendum which is not approved by a majority of the qualified electors voting thereon shall thereupon be deemed repealed. If a majority of the qualified electors voting thereon approve the Act, it shall become operative on the day following the day on which the Board of Elections certifies the results of the referendum. If conflicting Acts are approved by the electors at the same referendum, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

[H.R. 2321, 86th Cong., 1st sess.]

A BILL To provide an elected commission form of government for the District of Columbia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to the retention by Congress of the ultimate legislative authority over the Nation's Capital which is granted by the Constitution, it is the intent of Congress to restore to the