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S. 160 (111th): District of Columbia House Voting Rights Act of 2009

The text of the bill below is as of Feb 12, 2009 (Reported by Senate Committee).


II

Calendar No. 23

111th CONGRESS

1st Session

S. 160

IN THE SENATE OF THE UNITED STATES

January 6, 2009

(for himself, Mr. Hatch, Mr. Leahy, Mr. Kennedy, Mrs. Clinton, Mr. Dodd, Mr. Sanders, Mr. Kerry, Mr. Durbin, Mr. Feingold, Mrs. McCaskill, Mr. Carper, Ms. Landrieu, Ms. Mikulski, Mr. Levin, and Mr. Voinovich) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

February 12, 2009

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives.

1.

Short title

This Act may be cited as the District of Columbia House Voting Rights Act of 2009.

2.

Treatment of District of Columbia as Congressional district

(a)

Congressional district and no Senate representation

(1)

In general

Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives.

(2)

No representation provided in Senate

The District of Columbia shall not be considered a State for purposes of representation in the United States Senate.

(b)

Conforming Amendments Relating to Apportionment of Members of House of Representatives

(1)

Inclusion of single District of Columbia member in reapportionment of members among States

Section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection:

(d)

This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.

.

(2)

Clarification of determination of number of Presidential electors on basis of 23rd Amendment

Section 3 of title 3, United States Code, is amended by striking come into office; and inserting the following: come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);.

3.

Increase in Membership of House of Representatives

(a)

Permanent increase in number of members

Effective with respect to the 112th Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including the Member representing the District of Columbia pursuant to section 2(a).

(b)

Reapportionment of members resulting from increase

(1)

In general

Section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking the then existing number of Representatives and inserting the number of Representatives established with respect to the 112th Congress.

(2)

Effective date

The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census.

(c)

Transmittal of Revised Apportionment Information by President

(1)

Statement of apportionment by President

Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act and identifying the State of Utah as the State entitled to one additional Representative pursuant to this section.

(2)

Report by clerk

Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives shall submit a report to the Speaker of the House of Representatives identifying the State of Utah as the State entitled to one additional Representative pursuant to this section.

4.

Effective Date; Timing of Elections

The general election for the additional Representative to which the State of Utah is entitled for the 112th Congress and the general election for the Representative from the District of Columbia for the 112th Congress shall be subject to the following requirements:

(1)

The additional Representative from the State of Utah will be elected pursuant to a redistricting plan enacted by the State, such as the plan the State of Utah signed into law on December 5, 2006, which—

(A)

revises the boundaries of Congressional districts in the State to take into account the additional Representative to which the State is entitled under section 3; and

(B)

remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010.

(2)

The additional Representative from the State of Utah and the Representative from the District of Columbia shall be sworn in and seated as Members of the House of Representatives on the same date as other Members of the 112th Congress.

5.

Conforming amendments

(a)

Repeal of office of District of Columbia delegate

(1)

Repeal of office

(A)

In general

Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91–405; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted.

(B)

Effective date

The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.

(2)

Conforming amendments to District of Columbia Elections Code of 1955

The District of Columbia Elections Code of 1955 is amended as follows:

(A)

In section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives, and inserting the Representative in Congress,.

(B)

In section 2 (sec. 1–1001.02, D.C. Official Code)—

(i)

by striking paragraph (6); and

(ii)

in paragraph (13), by striking the Delegate to Congress for the District of Columbia, and inserting the Representative in Congress,.

(C)

In section 8 (sec. 1–1001.08, D.C. Official Code)—

(i)

in the heading, by striking Delegate and inserting Representative; and

(ii)

by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting Representative in Congress,.

(D)

In section 10 (sec. 1–1001.10, D.C. Official Code)—

(i)

in subsection (a)(3)(A)—

(I)

by striking or section 206(a) of the District of Columbia Delegate Act; and

(II)

by striking the office of Delegate to the House of Representatives and inserting the office of Representative in Congress;

(ii)

in subsection (d)(1), by striking Delegate, each place it appears; and

(iii)

in subsection (d)(2)—

(I)

by striking (A) In the event and all that follows through term of office, and inserting In the event that a vacancy occurs in the office of Representative in Congress before May 1 of the last year of the Representative's term of office,; and

(II)

by striking subparagraph (B).

(E)

In section 11(a)(2) (sec. 1–1001.11(a)(2), D.C. Official Code), by striking Delegate to the House of Representatives, and inserting Representative in Congress,.

(F)

In section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, and inserting Representative in Congress,.

(G)

In section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking the Delegate to Congress from the District of Columbia and inserting the Representative in Congress.

(b)

Repeal of Office of Statehood Representative

(1)

In general

Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended as follows:

(A)

By striking offices of Senator and Representative each place it appears in subsection (d) and inserting office of Senator.

(B)

In subsection (d)(2)—

(i)

by striking a Representative or;

(ii)

by striking the Representative or; and

(iii)

by striking Representative shall be elected for a 2-year term and each.

(C)

In subsection (d)(3)(A), by striking and 1 United States Representative.

(D)

By striking Representative or each place it appears in subsections (e), (f), (g), and (h).

(E)

By striking Representative's or each place it appears in subsections (g) and (h).

(2)

Conforming amendments

(A)

Statehood commission

Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended—

(i)

in subsection (a)—

(I)

by striking 27 voting members and inserting 26 voting members;

(II)

by adding and at the end of paragraph (5); and

(III)

by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and

(ii)

in subsection (a–1)(1), by striking subparagraph (H).

(B)

Authorization of appropriations

Section 8 of such Initiative (sec. 1–127, D.C. Official Code) is amended by striking and House.

(C)

Application of honoraria limitations

Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is amended by striking or Representative each place it appears.

(D)

Application of campaign finance laws

Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is amended by striking and United States Representative.

(E)

District of Columbia elections code of 1955

The District of Columbia Elections Code of 1955 is amended—

(i)

in section 2(13) (sec. 1–1001.02(13), D.C. Official Code), by striking United States Senator and Representative, and inserting United States Senator,; and

(ii)

in section 10(d) (sec. 1–1001.10(d)(3), D.C. Official Code), by striking United States Representative or.

(3)

Effective date

The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.

(c)

Conforming amendments regarding appointments to service academies

(1)

United States Military Academy

Section 4342 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking paragraph (5); and

(B)

in subsection (f), by striking the District of Columbia,.

(2)

United States Naval Academy

Such title is amended—

(A)

in section 6954(a), by striking paragraph (5); and

(B)

in section 6958(b), by striking the District of Columbia,.

(3)

United States Air Force Academy

Section 9342 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking paragraph (5); and

(B)

in subsection (f), by striking the District of Columbia,.

(4)

Effective date

This subsection and the amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.

6.

Nonseverability of provisions and nonapplicability

(a)

Nonseverability

If any provision of this Act or any amendment made by this Act is declared or held invalid or unenforceable, the remaining provisions of this Act or any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.

(b)

Nonapplicability

Nothing in the Act shall be construed to affect the first reapportionment occurring after the regular decennial census conducted for 2010 if this Act has not taken effect.

7.

Judicial review

If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply:

(1)

The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.

(2)

A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.

(3)

A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.

(4)

It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

1.

Short title

This Act may be cited as the District of Columbia House Voting Rights Act of 2009.

2.

Treatment of District of Columbia as Congressional district

(a)

Congressional district and no Senate representation

(1)

In general

Notwithstanding any other provision of law, the District of Columbia shall be considered a congressional district for purposes of representation in the House of Representatives.

(2)

No representation provided in Senate

The District of Columbia shall not be considered a State for purposes of representation in the United States Senate.

(b)

Conforming Amendments Relating to Apportionment of Members of House of Representatives

(1)

Inclusion of single District of Columbia member in reapportionment of members among States

Section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection:

(d)

This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.

.

(2)

Clarification of determination of number of Presidential electors on basis of 23rd Amendment

Section 3 of title 3, United States Code, is amended by striking come into office; and inserting come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);.

3.

Increase in Membership of House of Representatives

(a)

Permanent increase in number of members

Effective with respect to the 112th Congress, or the first Congress sworn in after the implementation of this Act, and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including the Member representing the District of Columbia pursuant to section 2(a).

(b)

Reapportionment of members resulting from increase

(1)

In general

Section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking the then existing number of Representatives and inserting the number of Representatives established with respect to the 112th Congress, or the first Congress sworn in after implementation of the District of Columbia House Voting Rights Act of 2009.

(2)

Effective date

The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census.

(c)

Transmittal of Revised Apportionment Information by President

(1)

Statement of apportionment by President

Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), to take into account this Act and the amendments made by this Act. The statement shall reflect that the District of Columbia is entitled to one Representative and shall identify the other State entitled to one representative under this section. Pursuant to section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), as amended by this Act, and the regular decennial census conducted for 2000, the State entitled to the one additional representative is Utah.

(2)

Report by clerk

Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives shall submit a report to the Speaker of the House of Representatives indicating that the District of Columbia is entitled to one Representative and identifying the State which is entitled to one additional Representative pursuant to this section. Pursuant to section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), as amended by this Act, and the regular decennial census conducted for 2000, the State entitled to the one additional representative is Utah.

(3)

Additional statements and reports

(A)

In general

Subject to subparagraph (B) and following the revised statement of apportionment and subsequent report under paragraphs (1) and (2), the Statement of Apportionment by the President and subsequent reports by the Clerk of the House of Representatives shall continue to be issued at the intervals and pursuant to the methodology specified under section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), as amended by this Act.

(B)

Failure to complete

In the event that the revised statement of apportionment and subsequent report under paragraphs (1) and (2) can not be completed prior to the issuance of the regular statement of apportionment and subsequent report under section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), as amended by this Act, the President and Clerk may disregard paragraphs (1) and (2).

4.

Utah redistricting plan

The general election for the additional Representative to which the State of Utah is entitled for the 112th Congress, pursuant to section 3(c), shall be elected pursuant to a redistricting plan enacted by the State, such as the plan the State of Utah signed into law on December 5, 2006, which—

(1)

revises the boundaries of congressional districts in the State to take into account the additional Representative to which the State is entitled under section 3; and

(2)

remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010.

5.

Effective date

The additional Representative other than the Representative from the District of Columbia, pursuant to section 3(c), and the Representative from the District of Columbia shall be sworn in and seated as Members of the House of Representatives on the same date as other Members of the 112th Congress or the first Congress sworn in after implementation of this Act.

6.

Conforming amendments

(a)

Repeal of office of District of Columbia delegate

(1)

Repeal of office

(A)

In general

Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91–405; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted.

(B)

Effective date

The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.

(2)

Conforming amendments to District of Columbia Elections Code of 1955

The District of Columbia Elections Code of 1955 is amended as follows:

(A)

In section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives, and inserting the Representative in Congress,.

(B)

In section 2 (sec. 1–1001.02, D.C. Official Code)—

(i)

by striking paragraph (6); and

(ii)

in paragraph (13), by striking the Delegate to Congress for the District of Columbia, and inserting the Representative in Congress,.

(C)

In section 8 (sec. 1–1001.08, D.C. Official Code)—

(i)

in the heading, by striking Delegate and inserting Representative; and

(ii)

by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting Representative in Congress,.

(D)

In section 10 (sec. 1–1001.10, D.C. Official Code)—

(i)

in subsection (a)(3)(A)—

(I)

by striking or section 206(a) of the District of Columbia Delegate Act; and

(II)

by striking the office of Delegate to the House of Representatives and inserting the office of Representative in Congress;

(ii)

in subsection (d)(1), by striking Delegate, each place it appears; and

(iii)

in subsection (d)(2)—

(I)

by striking (A) In the event and all that follows through term of office, and inserting In the event that a vacancy occurs in the office of Representative in Congress before May 1 of the last year of the Representative's term of office,; and

(II)

by striking subparagraph (B).

(E)

In section 11(a)(2) (sec. 1–1001.11(a)(2), D.C. Official Code), by striking Delegate to the House of Representatives, and inserting Representative in Congress,.

(F)

In section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, and inserting Representative in Congress,.

(G)

In section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking the Delegate to Congress from the District of Columbia and inserting the Representative in Congress.

(b)

Repeal of Office of Statehood Representative

(1)

In general

Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended as follows:

(A)

By striking offices of Senator and Representative each place it appears in subsection (d) and inserting office of Senator.

(B)

In subsection (d)(2)—

(i)

by striking a Representative or;

(ii)

by striking the Representative or; and

(iii)

by striking Representative shall be elected for a 2-year term and each.

(C)

In subsection (d)(3)(A), by striking and 1 United States Representative.

(D)

By striking Representative or each place it appears in subsections (e), (f), (g), and (h).

(E)

By striking Representative's or each place it appears in subsections (g) and (h).

(2)

Conforming amendments

(A)

Statehood commission

Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended—

(i)

in subsection (a)—

(I)

by striking 27 voting members and inserting 26 voting members;

(II)

by adding and at the end of paragraph (5); and

(III)

by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and

(ii)

in subsection (a–1)(1), by striking subparagraph (H).

(B)

Authorization of appropriations

Section 8 of such Initiative (sec. 1–127, D.C. Official Code) is amended by striking and House.

(C)

Application of honoraria limitations

Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is amended by striking or Representative each place it appears.

(D)

Application of campaign finance laws

Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is amended by striking and United States Representative.

(E)

District of Columbia elections code of 1955

The District of Columbia Elections Code of 1955 is amended—

(i)

in section 2(13) (sec. 1–1001.02(13), D.C. Official Code), by striking United States Senator and Representative, and inserting United States Senator,; and

(ii)

in section 10(d) (sec. 1–1001.10(d)(3), D.C. Official Code), by striking United States Representative or.

(3)

Effective date

The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.

(c)

Conforming amendments regarding appointments to service academies

(1)

United States Military Academy

Section 4342 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking paragraph (5); and

(B)

in subsection (f), by striking the District of Columbia,.

(2)

United States Naval Academy

Such title is amended—

(A)

in section 6954(a), by striking paragraph (5); and

(B)

in section 6958(b), by striking the District of Columbia,.

(3)

United States Air Force Academy

Section 9342 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking paragraph (5); and

(B)

in subsection (f), by striking the District of Columbia,.

(4)

Effective date

This subsection and the amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.

7.

Nonseverability of provisions and nonapplicability

(a)

Nonseverability

If any provision of section 2(a)(1), 2(b)(1), or 3 or any amendment made by those sections is declared or held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Act or any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.

(b)

Nonapplicability

Nothing in the Act shall be construed to affect the first reapportionment occurring after the regular decennial census conducted for 2010 if this Act has not taken effect.

8.

Judicial review

If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply:

(1)

The action shall be filed in the District Court of the United States for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.

(2)

A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.

(3)

A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.

(4)

It shall be the duty of the District Court of the United States for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

February 12, 2009

Reported with an amendment