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".

(c) Section 8 of the District Election Act is amended by adding at the end thereof the following new subsections (h) and (i) :

"(h) Each candidate in a primary election for Delegate shall be nominated for such office by a petition, (1) prepared and presented to the Board in accordance with rules prescribed by the Board, but filed not later than forty-five days before the date of such primary election; (2) signed by no less than five hundred persons duly registered under section 7 and of the same political party as the nominee; and (3) accompanied by a filing fee of $200. Such fee may be refunded only in the event that the candidate withdraws his nomination by writing received by the Board not later than three days after the date on which nominations are closed. The Board shall arrange the ballot of each political party in each such primary election so as to enable a voter of such party to vote for any one duly nominated candidate of that party for Delegate."

"(i) In each general election of Delegate, the Board shall arrange the ballots so as to enable a voter to vote for any one of the candidates for Delegate who has been duly elected by any political party in the next preceding primary election for Delegate, or who has been duly nominated to fill vacancies in the office of candidate pursuant to subsection (d) of section 10 of this Act."

(d) The first sentence of subsection (a)(1) of section 10 of the District Election Act is amended by striking out the word "May" and by inserting in lieu thereof the word "June".

(3) The third sentence of subsection (a)(1) of section 10 of the District Election Act and the second sentence of subsection (a) (2) of such section are hereby deleted.

(f) Subsection (a) of section 10 of the District Election Act is hereby amended by adding at the end thereof the following:

"(3) Except as otherwise provided in the case of special elections, primary elections of each political party for candidates for the office of Delegate shall be held on the first Tuesday in June of each even-numbered year, and general elections of the Delegate shall be held on the Tuesday next after the first Monday in November of each even-numbered year.

"(4) In all elections held pursuant to this Act, the polls shall be open from 7 o'clock antemeridian to 9 o'clock postmeridian."

(g) Subsection (d) of section 10 of the District Election Act is amended (1) by inserting after the word "official" a comma followed by the words, "other than a Delegate or winner of a Delegate primary election,", and (ii) by inserting the following additional sentences at the end thereof: "In the event that such a vacancy occurs in the office of a candidate for Delegate primary election, the vacancy may be filled not later than fifteen days prior to the next Delegate general election, by nomination by the party committee of the party which nominated his predecessor, and by paying the filing fee required by section 8(h). In the event that such a vacancy occurs in the office of Delegate, the Board shall call special elections to fill such vacancy for the remainder of the term but no vacancy shall be filled which occurs within five months of the expiration of a congressional term."

REGISTRATION OF VOTERS

SEC. 3. (a) Subsection (a)(1) of section 5 of the District Election Act is amended by striking the semicolon at the end thereof and by adding the following: ", and shall in any event remove the names of registrants who have not voted in two successive general elections, and who have not subsequently reregistered ;".

(b) Subsection (a) of section 7 of the District Election Act is amended by striking the words "he registers in the District during the year in which such election is to be held", and by inserting in lieu thereof the words "he is registered in the District".

(c) The first sentence of subsection (d) of section 7 of the District Election Act is amended to read as follows: "The registry shall be open during normal business hours, except during a twenty-eight-day period next preceding any election authorized under the District Election Act as amended, and except as provided by the Board in the case of a special election."

(d) Sections 7(e) and 9(e) of the District Election Act are hereby amended by deleting in each case the words "Municipal Court for the District of Columbia" and by substituting therefor the words "Court of General Sessions of the District of Columbia".

AMENDMENT OF TITLE 2, UNITED STATES CODE AND OTHER LAWS OF GENERAL APPLICATION

SEC. 4. (a) Section 7 of title 2, United States Code is amended by inserting after "the United States," the following: "and in the District of Columbia,”. (b) Section 31 of title 2, United States Code, is amended by inserting after "A Member of", the words "or the following: 'Delegate from the District of Columbia,".

(c) Section 37 of title 2, United States Code, is amended by deleting the words "from Territories".

(d) Section 38a of title 2, United States Code, is amended by inserting, after "A Member of", the words "or Delegate".

(e) Claus (b) of section 1 of the Civil Service Retirement Act of May 29, 1930, as amended, section 2251 (b) of title 5, United States Code, is hereby amended by striking out "from a Territory".

(f) Sections 461, 60g-1, and 112c of title 2, United States Code, are each amended by striking the words "from a Territory".

(g) The last sentence of section 122 of title 2, United States Code, is amended to read as follows: "As used in this section the term Member' means each Member of the House of Representatives, Delegate, and the Resident Commissioner from Puerto Rico; the term 'district' means each congressional district, the District of Columbia, Puerto Rico, and, in the case of a Representative at Large, a State; and the term 'Clerk' means the Clerk of the House of Representatives."

(h) The last paragraph of section 591 of title 18, United States Code, is amended by inserting after "the United States" the words "and the District of Columbia".

(1) Section 594 of title 18, United States Code, is amended by striking out "or Member of the House of Representatives" and by inserting in lieu thereof "Member of the House of Representatives, Delegate from the District of Columbia, or".

(j) Section 595 of title 18, United States Code, is amended by striking out "or Delegate," and by inserting in lieu thereof "Delegate from the District of Columbia or".

DEFINITIONS: SHORT TITLE; MISCELLANEOUS

SEC. 5. (a) For purposes of this Act

(i) The term "District Election Act" means the Act of August 12, 1955 (69 Stat. 699), as amended by the Act of October 4, 1961 (75 Stat. 817).

(ii) The term "Delegate" means the Delegates to the House of Representatives from the District of Columbia referred to in section 1 of this Act.

(b) Subsection (e) of section 13 of the District Election Act is amended by striking out the words "ten days" and by inserting in lieu thereof the words "thirty days".

(c) Section 14 of the District Election Act is amended by striking out the words "his place of residence or his voting privilege in any other part of the United States," and by inserting in lieu thereof the words "his qualifications for voting or for holding elective office, or be guilty of violating section 12 of this Act.".

(d) The Delegate shall from time to time consult with the Commissioners of the District of Columbia, and with other officials, with respect to matters affecting such District.

(e) This Act shall take effect on the date of its approval, except that subsection (b) of section 3 shall be effective with respect to registrations duly made in 1964 and valid immediately prior to the close of the polls on the day of the last election in that year.

(f) This Act is entitled "The District of Columbia Delegate Act".

SPECIAL ELECTION OF DELEGATE TO SERVE IN EIGHTY-NINTH CONGRESS

SEC. 6. (a) Subject to the provisions of this section 6, a special primary election and a special general election shall be held in the year 1965 for the purpose of electing a Delegate to serve during the remaining portion of the Eighty-Ninth Congress.

(b) The primary election referred to in subsection (a) of this section shall be held not less than sixty days nor more than one hundred days after the approval of this Act, on a date to be determined pursuant to subsection (d), but in no event later than November 16, 1965.