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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 1. Government Organization. |
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Chapter 2. District of Columbia Home Rule. |
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Subchapter VII. Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates. |
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Part A. Charter Referendum.
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On a date to be fixed by the Board of Elections, not more than five months after December 24, 1973 a referendum (in this part referred to as the "charter referendum") shall be conducted to determine whether the registered qualified electors of the District accept the charter set forth in subchapter IV of this chapter.
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 701.)
(a) The Board of Elections shall conduct the charter referendum and certify the results thereof as provided in this part.
(b) Notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this subchapter, the applicable provision of part E of this subchapter shall govern the Board of Elections in the performance of its duties under this chapter.
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 702.)
(a) The charter referendum ballot shall contain the following, with a blank space appropriately filled:
"The District of Columbia Home Rule Act, enacted _______, proposes to establish a charter for the governance of the District of Columbia, but provides that the charter shall take effect only if it is accepted by a majority of the registered qualified voters of the District voting on this issue.
"Indicate in one of the squares provided below whether you are for or against the charter.
"[ ] For the charter
"[ ] Against the charter.
"In addition, the Act referred to above authorizes the establishment of advisory neighborhood councils if a majority of the registered qualified voters of the District voting on this issue in this referendum vote for the establishment of such councils.
"Indicate in one of the squares provided below whether you are for or against the establishment of Advisory Neighborhood Councils.
"[ ] For Advisory Neighborhood Councils
"[ ] Against Advisory Neighborhood Councils."
(b) Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second and fourth paragraphs 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 less than five days before the date of the charter referendum, the Board of Elections shall mail to each registered qualified elector (1) a sample of the charter referendum ballot, and (2) information showing the polling place of such elector and the date and hours of voting.
(d) Not less than one day before the charter referendum, the Board of Elections shall publish, in one or more newspapers of general circulation published in the District, a list of the polling places and the date and hours of voting.
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 703; Apr. 24, 1974, 88 Stat. 93, Pub. L. 93-272, § 1.)
(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 Board of Elections certifies the result of the charter referendum to the President of the United States, as provided in subsection (b) of this section.
(b) The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, 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.
(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 704.)
HISTORICAL AND STATUTORY NOTES
Miscellaneous Notes
On May 17, 1974, the District of Columbia Board of Elections certified the results of the election of May 7, 1974, where a majority of the registered qualified voters of the District, voting on the issues of the establishment of the District Charter (subchapter IV of Chapter 2 of Title 1) and the establishment of Advisory Neighborhood Councils, voted in favor of both issues. See 21 DCR 651.
