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District of Columbia Election Act, amendments.

75 Stat. 820; 85 Stat. 788.

Regulations. 69 Stat. 700; 75 Stat. 817.

85 Stat. 789. 87 STAT. 311 87 STAT. 312

Repeal.

Volunteer services.

30 Stat. 666.

National com-
mitteeman
candidate,
nomination.
85 Stat. 790.

75 Stat. 818.

85 Stat. 791.

Public Law 93-92

93rd Congress, H. R. 6713
August 14, 1973

An Act

To amend the District of Columbia Election Act regarding the times for filing certain petitions, regulating the primary election for Delegate from the District of Columbia, and for other purposes.

Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That the District of Columbia Election Act (D.C. Code, secs. 1-1101-1-1115) is amended as follows:

(1) Clause (A) of paragraph (2) of section 2 of such Act (D.C. Code, sec. 1-1102) is amended to read as follows: “(A) who resides or is domiciled in the District and who does not claim voting residence or right to vote in any State or territory;".

(2) Subsection (a) of section 5 of such Act (D.C. Code, sec. 1-1105) is amended by (A) striking out "and" at the end of paragraph (7), (B) redesignating paragraph (8) as paragraph (9), and (C) inserting immediately after paragraph (7) the following:

"(8) prescribe such regulations as it considers necessary in order to carry out the purposes of this Act; and”.

(3) Paragraph (1) of subsection (b) of section 5 of such Act (D.C. Code, sec. 1-1105) is amended by striking out "after the first Monday". (4) Paragraphs (2) and (3) of subsection (b) of section 5 of such Act (D.C. Code, sec. 1-1105) are each amended by striking out "fortyfive" wherever is appears and inserting in lieu thereof "sixty".

(5) Paragraph (6) of subsection (b) of section 5 of such Act (D.C. Code, sec. 1-1105) is repealed.

(6) Subsection (d) of section 5 of such Act (D.C. Code, sec. 1-1105) is amended to read as follows:

"(d) The Board may permit either persons temporarily absent from the District or persons physically unable to appear personally at an official registration place to register for the purpose of voting in any election held under this Act."

(7) Section 5 of such Act (D.C. Code, sec. 1-1105) is amended by inserting at the end of that section the following:

"(f) Notwithstanding the provisions of the fourth paragraph under the section headed 'Militia' of the Act of July 7, 1898 (relating to appropriations) (D.C. Code, sec. 1-215), the Board may accept volunteer services for the purposes of voter education and registration." (8) Paragraph (1) of subsection (a) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended to read as follows:

"(a) (1) Each candidate for election to the office of national committeeman or alternate, or national committee woman or alternate, and for election as a member or official designated for election at large under clause (4) of the first section of this Act, shall be a qualified elector registered under section 7 of this Act who has been nominated for such office, or for election as such member or official, by a nominating petition (A) signed by not less than five hundred qualified electors registered under such section 7, who are of the same political party as the candidate, and (B) filed with the Board not later than the sixtieth day before the date of the election held for such office, member, or official."

(9) Subsection (f) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended by striking out "5 per centum" and inserting in lieu thereof "1 per centum".

(10) Subsection (i) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended (A) by striking out "forty-fifth" and inserting in lieu thereof "sixtieth", (B) by striking out "ninety-ninth", "ninety-ninth", and "seventieth", respectively, and by inserting in lieu thereof "one

hundred fourteenth", "one hundred fourteenth", and "eighty-fifth“, respectively, and (C) by striking out "The Board may prescribe rules with respect to the preparation and presentation of nominating petitions.".

(11) Paragraph (1) of subsection (j) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended (A) by striking out in clause (A) "forty-fifth", and inserting in lieu thereof "sixtieth", (B) by striking out "ninety-ninth", "ninety-ninth", and "seventieth", respectively, and by inserting in lieu thereof "one hundred fourteenth", "one hundred fourteenth", and "eighty-fifth", respectively, and (C) by striking out "The Board may prescribe rules with respect to the preparation and presentation of such nominating petitions.".

(12) Paragraph (3) of subsection (m) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended by striking out "The Board shall by regulation specify such additional details as may be necessary and proper to effectuate the purpose of this subsection.".

(13) Subsection (o) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended (A) by striking out in clause (A) "forty-fifth“, and by inserting in lieu thereof "sixtieth", (B) by striking out "ninetyninth" and "seventieth", respectively, and by inserting in lieu thereof "one hundred fourteenth" and "eighty-fifth", respectively, and (C) by striking out "The Board may prescribe rules with respect to the preparation and presentation of nominating petitions.".

(14) Paragraph (1) of subsection (p) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended by striking out "forty-second day before the date of the election" and by inserting in lieu thereof "third day after the filing deadline for nominating petitions".

(15) Subsection (e) of section 9 of such Act (D.C. Code, sec. 1-1109) is amended by striking out "seven" and by inserting in lieu thereof

"ten".

(16) Paragraph (1) of subsection (a) of section 10 of such Act (D.C. Code, sec. 1-1110) is amended by striking out "after the first Monday".

(17) Paragraph (4) of subsection (a) of section 10 of such Act (D.C. Code, sec. 1-1110) is amended to read as follows:

"(4) Runoff elections shall be held whenever, in any primary election of a political party for candidates for the office of Delegate, no candidate receives at least 40 per centum of the total votes cast in that election for all candidates of that party for that office. Any such runoff election shall be held not less than two weeks nor more than six weeks after the date on which the Board has determined the results of the preceding primary. At the time of announcing any such determination, the Board shall establish and announce the date on which the runoff election will be held, if one is required. The candidates in any such runoff election shall be the two persons who received, respectively, the two highest numbers of votes in such preceding primary; except that if any person withdraws his candidacy from such runoff election, the person who received the next highest number of votes in such preceding primary and who is not already a candidate in the runoff election shall automatically become such a candidate.”

(18) Subsection (b) of section 10 of such Act (D.C. Code, sec. 1-1110) is amended by striking out “8 o'clock antemeridian" and by inserting in lieu thereof “7 o'clock antemeridian”.

(19) Subsection (e) of section 10 of such Act (D.C. Code, sec. 1-1110) is amended by striking out "ninety-nine" and inserting in lieu thereof “one hundred fourteen”.

(20) Subsection (a) of section 11 of such Act (D.C. Code, sec. 1-1111) is amended by striking out "Such recounts shall be conducted in the manner prescribed by the Board by regulation.“.

85 Stat. 791. 84 Stat. 849.

87 STAT. 312 87 STAT. 313

82 Stat. 104; 84 Stat. 849.

69 Stat. 702.

85 Stat. 792.

Runoff elections.

84 Stat. 850.

82 Stat. 106; 84 Stat. 851.

69 Stat. 703; 85 Stat. 793.

87 STAT. 313

D.C. Board of
Education.

82 Stat. 101. Term of office.

Supra.

SEC. 2. The Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District of Columbia", approved June 20, 1906 (D.C. Code, sec. 31-101 et seq.) is amended as follows:

(1) Paragraph (1) of subsection (b) of section 2 of such Act (D.C. Code, sec. 31-101) is amended to read as follows:

"(b) (1) Except as provided in paragraph (3) of this subsection and section 10 (e) of the District of Columbia Election Act, the term of office of a member of the Board of Education shall be four years.". (2) Paragraph (3) of subsection (b) of section 2 of such Act (D.C. Code, sec. 31-101) is amended by adding at the end thereof the following new sentence: "However, the term of office of a member of the Board of Education elected in the general election for member of the Board of Education to be held in 1973 and thereafter shall expire at noon of the thirtieth day after the Board of Elections certifies the results of the election, including any runoff election, for members of the Board of Education in the fourth year of such member's term. The term of a member of the Board of Education elected in the general election to be held in 1977 and thereafter shall begin immediately upon the expiration of the term preceding it."

SEC. 3. The amendments made by this Act shall take effect on and Effective date. after the date of enactment of this Act. Approved August 14, 1973.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 93-258 (Comm. on the District of Columbia).
SENATE REPORT No. 93-371 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 119 (1973):

June 11, considered and passed House.
Aug. 2, considered and passed Senate.

Public Law 93-140 93rd Congress, H. R. 8250 October 26, 1973

An Act

To authorize certain programs and activities of the government of 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,

EXPENDITURES FOR EMERGENCIES

87 STAT. 504

District of
Columbia govern-
ment.
Programs and

SECTION 1. When required by the public exigencies to meet conditions activities, aucaused by emergencies such as riot, pestilence, public insanitary condi- thorization. tions, flood, fire, storm, and similar disasters, the Commissioner of the District of Columbia, pursuant to regulations prescribed by the District of Columbia Council, is authorized to expend such amounts as may be necessary without regard to advertising provisions of section 3709 of the Revised Statutes (41 U.S.C. 5).

OFFICIAL USE OF MOTOR VEHICLES

SEC 2. All passenger motor vehicles and watercraft owned by the District of Columbia shall be operated and utilized in conformity with section 5 of the Act of July 16, 1914, as amended by section 16 of the 60 Stat. 810; Act of August 2, 1946 (31 U.S.C. 638a), and shall be under the direc- 84 Stat. 879. tion and control of the Commissioner of the District of Columbia. The Commissioner is authorized to alter or change the assignment or direct the alteration or interchangeable use of any passenger motor vehicles or watercraft by officers and employees of the District of Columbia except as otherwise provided in such Act. Limitations on the official use of passenger motor vehicles, as set out in section 5 of such Act, shall not apply to the Commissioner or, with the approval of the Commissioner, to officers and employees of the District government the character of whose duties make such transportation necessary.

FUNERAL AND BURIAL SERVICES

SEC. 3. (a) The Commissioner of the District of Columbia is hereby authorized, pursuant to regulations prescribed by the District of Columbia Council, to provide for the payment of reasonable funeral and burial expenses of indigent residents of the District of Columbia and of persons under the care and custody of the District of Columbia government institutions.

(b) Nothing in this section shall be construed as repealing or in any way modifying any provision of the Acts approved April 29, 1902

(D.C. Code, secs. 2-201 through 2-209) and April 20, 1906 (D.C. Code, 32 Stat. 173. secs. 27-129 through 27-131), or of the District of Columbia Public 34 Stat. 123; Assistance Act of 1962 (D.C. Code, sec. 3-201 et seq.).

PAYMENTS TO PATIENTS

SEC. 4. The Commissioner of the District of Columbia, pursuant to regulations prescribed by the District of Columbia Council, is authorized to furnish cash payments to needy patients in hospitals operated by or under contract (relating to the care of needy patients) with the District of Columbia in such amounts and at such times as he may determine.

81 Stat. 532. 76 Stat. 914.

87 STAT. 505

Contract authority.

CARE OF PATIENTS IN SECTARIAN AND NONSECTARIAN INSTITUTIONS

SEC. 5. Notwithstanding any other provision of law, the Commissioner of the District of Columbia, pursuant to regulations prescribed by the District of Columbia Council, is authorized from time to time to enter into contracts with institutions under sectarian and nonsectarian control, and to make payments to such institutions, for the care of indigent and medically indigent patients in hospitals and for the care and maintenance of persons who are a responsibility of the District of Columbia. The Council shall, in determining the level of payment to sectarian and nonsectarian institutions, take into consideration average costs in caring for like persons in area institutions, and in no event shall such payment for medical services exceed reasonable costs as determined under the District of Columbia medicaid program.

STIPENDS FOR PATIENTS

SEC. 6. The Commissioner of the District of Columbia is authorized, pursuant to regulations prescribed by the District of Columbia Council, to provide for the payment of stipends to patients and residents employed in institutions of or under programs sponsored by the government of the District of Columbia as an aid to their rehabilitation or for training purposes. Nothing contained herein shall be construed as conferring employee status on any person covered by this section.

80 Stat. 472; 82 Stat. 1312.

BENEFITS FURNISHED WORKERS IN DISTRICT FACILITIES

SEC. 7. Notwithstanding any other provision of law, the Commissioner of the District of Columbia is authorized to furnish, pursuant to regulations prescribed by the District of Columbia Council, subsistence, living quarters, and laundry in lieu of salary to persons authorized by the Commissioner to work in facilities of the government of the District of Columbia for the purposes of securing training and experience in their future vocations. Nothing contained herein shall be construed as conferring employee status on any person covered by this section, nor as superseding the requirements of sections 5352 and 5353 of title 5, United States Code, relating to student employees specified therein who are assigned or attached to a hospital, clinic, or medical or dental laboratory.

FIRE PROTECTION SERVICES

SEC. 8. The Commissioner of the District of Columbia is authorized to make provisions and payment for the furnishing of fire prevention and fire protection services to District of Columbia government institutions located outside the District of Columbia.

FUNDS FOR THE PREVENTION AND DETECTION OF CRIME

SEC. 9. The Chief of Police of the Metropolitan Police Department is authorized, with the approval of the Commissioner of the District of Columbia and within the limits of appropriations therefor, to make expenditures for the prevention and detection of crime under his certificate. The certificate of the Chief of Police for such expenditures shall be deemed a sufficient voucher for the sum therein expressed to have been expended.

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