REGISTRATION SEC. 1403. (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, 1959) and continuing until July 15, 1959. (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, their location, 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 that he meets each of the requirements specified in section 1401 (b) for a qualified elector. (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, 1959. 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, 1959. 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. 1404. (a) The charter referendum ballot shall contain the following, with the blank space appropriately filled: "The District of Columbia 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, 1959, 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, 1959, the Charter Referendum Board shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the polling places, their location, and the date and hours of voting. Such list shall again be published in such newspapers within seven days after the initial publication. METHOD OF VOTING SEC. 1405. The applicable provisions of section 811, 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 purposes— (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. 44015-59- -6 ACCEPTANCE OR NONACCEPTANCE OF CHARTER SEC. 1406. (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 Refreendum 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, 1959, certify the result of the charter referedum 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. 1407. (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 perfrom 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. 1408. 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 XV-TITLE OF ACT SEC. 1501. This Act, divided into titles and sections, and including the declaration of congressional policy which is a part of such Act, may be cited as the "District of Columbia Charter Act". [H.R. 4400, 86th Cong., 1st sess.] A BILL To provide for the District of Columbia an appointed Governor and secretary, and an elected legislative assembly and nonvoting Delegate to the House of Representatives, 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 inhabitants of the District of Columbia the powers of local self-government which are a basic privilege of all American citizens; to reaffirm through such action the confidence of the American people in the strengthened validity of principles of local selfgovernment by the elective process; to promote among the inhabitants of the District the sense of responsibility for the development and well-being of their community which will result from the enjoyment of such powers of self-government; to provide for the more effective participation in the development of the District and in the solution of its local problems by those persons who are more closely concerned; and to relieve the National Legislature of the burden of legislating upon purely local District matters. It is the further intention of Congress to exercise its retained ultimate legislative authority over the District only insofar as such action shall be necessary or desirable in the interest of the Nation. Finally, it is recognized that the restoration of the powers of local self-government to the inhabitants of the District by this Act will in no way change the need, which arises from the unique character of the District as the Nation's Capital, for the payment by the Federal Government of a share of the expenses of the District government, and it is intended that an equitable share thereof shall be paid annually. Sec. 301. Creation and membership. Sec. 302. Qualifications for holding office. Sec. 303. Compensation. Sec. 304. Changes in membership and compensation of Assembly members. PART 2-PRINCIPAL FUNCTIONS OF THE LEGISLATIVE ASSEMBLY Sec. 321. Functions heretofore exercised by the Board of Commissioners and the Board of Education. Sec. 321. Board of Commissioners abolished. Sec. 321. Board of Education abolished. Sec. 322. Functions relating to zoning. Sec. 323. Certain delegated functions. Sec. 324. Legislative powers and limitations thereon. PART 3-ORGANIZATION AND PROCEDURE OF THE LEGISLATIVE ASSEMBLY Sec. 601. Borrowing power; debt limitations. Sec. 602. Contents of borrowing legislation; referendum on bond issue. Sec. 604. Short period of limitation. Sec. 605. Acts for issuance of bonds. Sec. 606. Public sale. Sec. 901. Agreements with United States. Sec. 902. Personal interest in contracts or transactions. Sec. 903. Compensation from more than one source. Sec. 904. Assistance of United States Civil Service Commission in development of District merit system. TITLE X-SUCCESSION IN GOVERNMENT Sec. 1001. Transfer of personnel, property, and funds. Sec. 1003. Pending actions and proceedings. Sec. 1004. Vacancies resulting from abolition of Board of Commissioners. TITLE XI-SEPARABILITY OF PROVISIONS Sec. 1101. Separability of provisions. TITLE XII-TEMPORARY PROVISIONS Sec. 1201. Powers of the President during transition period. SEC. 101. For the purposes of this Act (1) The term "District" means the District of Columbia. (2) The terms "Legislative Assembly" and "Assembly" mean the Assembly of the District of Columbia provided for by title III. (3) The terms "Chairman" and "Assembly Chairman" mean the Chairman of the Assembly provided for by title III. (4) The terms "Governor" and "Secretary" mean the Governor and Secretary, respectively, provided for by title IV. (5) The term "qualified elector" means a qualified elector of the District as specified in section 806, except as otherwise specifically provided. (6) The term "act" includes any legislation adopted by the Assembly, except where the term "Act" is used to refer to this Act or other Acts of Congress herein specified. (7) The term "District Primary Act" means the Act of August 12, 1955 (Public Law 376, Eighty-fourth Congress; 69 Stat. 699). (8) The term "person" includes an individual, partnership, association, jointstock company, trust, or corporation. (9) The terms "capital project" and "project" mean (a) any physical public betterment or improvement and any preliminary studies and surveys relative thereto; (b) the acquisition of property of a permanent nature; or (c) the purchase of equipment for any public betterment or improvement when first erected or acquired. (10) The term "pending", when applied to any capital project, means authorized but not yet completed. (11) The term "Board of Elections" means the Board of Elections created by section 3 of the District Primary Act. (12) The term "election", unless the context otherwise indicates means an election held pursuant to the provisions of this Act. (13) The term "domicile" means that place where a person has his true, fixed, and permanent home and to which, when he is absent, he has the intention of returning. (14) The term "municipal office" means an office of any governmental unit subordinate to a State or Territorial government. (15) The terms "publish" and "publication", unless otherwise specifically provided herein, mean publication in a newspaper of general circulation published in the District. TITLE II-STATUS OF THE DISTRICT STATUS OF THE DISTRICT SEC. 201. (a) All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body-corporate, as provided in section 2 of the Revised Statutes relating to said District. Said Corporation shall continue to be charged with all the duties, obligations, responsibilities and liabilities, and to be vested with all of the powers, rights, privileges, immunities and assets, respectively imposed upon and vested in said Corporation, the Board of Commissioners of the District of Columbia, any person appointed from civil life as a member of the Board of Commissioners of the District or the Engineer Commissioner of the District of Columbia. (b) No law or regulation which is in force on the effective date of part 2, title III, of this Act shall be deemed amended or repealed by this Act except to the extent that such law or regulation is inconsistent with this Act: Provided, That any such law or regulation may be amended or repealed by legislation or regulation as authorized in this Act, or by Act of Congress. (c) The judicial courts of the District of Columbia shall remain as now organized until abolished or changed by Act of Congress; but the Assembly shall have power to enact Acts conferring such additional jurisdiction on the juvenile court of the District of Columbia, the municipal court for the District of Columbia, and the municipal court of appeals for the District of Columbia as may be appropriate to the due execution and enforcement of the laws of the District of Columbia. TITLE III-THE LEGISLATIVE ASSEMBLY PART I-CREATION OF THE LEGISLATIVE ASSEMBLY CREATION AND MEMBERSHIP SEC. 301. There is hereby created the Legislative Assembly of the District of Columbia consisting of fifteen members elected as provided in title VIII. Except as otherwise provided in this Act, the legislative power and authority of the District, as hereinafter set forth, is hereby vested in the Assembly. |