Sec. 751. amendments

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## Sec. 751 amendments The District of Columbia Election Act (D.C. Code, secs. 1–1101—1–1115) is amended as follows: ####

(1)The first section of such Act (D.C. Code sec. 1–1101) is amended by inserting immediately after “Board of Education,”, the following: “the members of the Council of the District of Columbia, the Mayor”. ####

(2)Section 2 of such Act (D.C. Code, sec. 1–1102) is amended by adding at the end thereof the following new paragraphs: > > #### “(8) > > The term ‘**Council**’ or ‘Council of the District of Columbia’ means the Council of the District of Columbia established pursuant to the District of Columbia Self-Government and Governmental Reorganization Act. > > > #### “(9) > > The term ‘**Mayor**’ means the office of Mayor of the District of Columbia established pursuant to the District of Columbia Self-Government and Governmental Reorganization Act.” > ####

(3)Subsections (h), (i), (j), and

(k)of section 8 of such Act (D.C. Code, sec. 1–1108) are amended to read as follows: > > ### “(h) > > > ####

(1)> > > #####

(A)> > The Delegate, Mayor, Chairman of the District Council and the four at-large members of the Council shall be elected by the registered qualified electors of the District of Columbia in a general election. Each candidate for the office of Delegate, Mayor, Chairman of the District Council, and at-large members of the Council in any general election shall, except as otherwise provided in subsection

(j)of this section and section 10(d), have been elected by the registered qualified electors of the District as such candidate by the next preceding primary election. > > > ##### “(B) > > > ######

(i)> > A member of the office of Council (other than the Chairman and any member elected at large) shall be elected in a general election by the registered qualified electors of the respective ward of the District from which the individual seeking such office was elected as a candidate for such office as provided in clause

(ii)of this paragraph. > > > ###### “(ii) > > Each candidate for the office of member of the Council (other than Chairman and at-large members) shall, except as otherwise provided in subsection

(j)of this section and section 10(d), have been elected as such a candidate, by the registered qualified electors of the ward of the District from which such individual was nominated, at the next preceding primary election to fill such office within that ward. > > > #### “(2) > > The nomination and election of any individual to the office of Delegate, Mayor, Chairman of the Council and member of the Council shall be governed by the provisions of this Act. No political party shall be qualified to hold a primary election to select candidates for election to any such office in a general election unless, in the next preceding election year, at least seven thousand five hundred votes were cast in the general election for a candidate of such party for any such office or for its candidates for electors of President and Vice President. > > > ### “(i) > > > ####

(1)> > Each individual in a primary election for candidate for the office of Delegate, Mayor, Chairman of the Council or at-large member of the Council shall be nominated for any such office by a petition

(A)filed with the Board not later than sixty days before the date of such primary election, and

(B)signed by at least two thousand registered qualified electors of the same political party as the nominee, or by 1 per centum of the duly registered members of such political party, whichever is less as shown by the records of the Board of Elections as of the one hundred fourteenth day before the date of such election. > > > #### “(2) > > Each individual in a primary election for candidate for the office of member of the Council (other than the Chairman and at-large members) shall be nominated for such office by a petition

(A)filed with the Board not later than sixty days before the date of such primary election, and

(B)signed by at least two hundred and fifty persons in the ward from which such individual seeks election who are duly registered in such ward and under section 7 of this Act, and who are of the same political party as the nominee. > > > #### “(3) > > A nominating petition for a candidate in a primary election for any such office may not be circulated for signature before the one hundred fourteenth day preceding the date of such election and may not be filed with the Board before the eighty-fifth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions. The Board shall arrange the ballot of each political party in each such primary election as to enable a voter of such party to vote for nominated candidates of that party. > > > ### “(j) > > > ####

(1)> > A duly qualified candidate for the office of Delegate, Mayor, Chairman of the Council, or member of the Council may, subject to the provisions of this subsection, be nominated directly as such a candidate for election for such office (including any such election to be held to fill a vacancy). Such person shall be nominated by petition

(A)filed with the Board not less than sixty days before the date of such general election, and

(B)in the case of a person who is a candidate for the office of member of the Council (other than Chairman or an at-large member), signed by five hundred voters who are duly registered under section 7 in the ward from which the candidate seeks election; and in the case of a person who is a candidate for the office of Delegate, Mayor, Chairman of the Council, or at-large member of the Council, signed by duly registered voters equal in number to 1½ per centum of the total number of registered voters in the District, as shown by the records of the Board as of one hundred fourteen days before the date of such election, or by three thousand persons duly registered under section 7, whichever is less. No signatures on such a petition may be counted which have been made on such petition more than one hundred fourteen days before the date of such election. > > > #### “(2) > > Nominations under this subsection for candidates for election in a general election to any office referred to in paragraph

(1)shall be of no force and effect with respect to any person whose name has appeared on the ballot of a primary election for that office held within eight months before the date of such general election. > > > ### “(k) > > > ####

(1)> > In each general election for the office of member of the Council (other than the office of Chairman or an at-large member) the Board shall arrange the ballots in each ward to enable a voter registered in that ward to vote for any one candidate who

(A)has been duly elected by any political party in the next preceding primary election for such office from such ward,

(B)has been duly nominated to fill a vacancy in such office in such ward pursuant to section 10(d), or

(C)has been nominated directly as a candidate for such office in such ward under subsection

(j)of this section. > > > #### “(2) > > In each general election for the office of Chairman and member of the Council at large, the Board shall arrange the ballots to enable a registered qualified elector to vote for as many candidates for election as members at large as there are members at large to be elected in such election, including the Chairman. Such candidates shall be only those persons who

(A)have been duly elected by any political party in the next preceding primary election for such office,

(B)have been duly nominated to fill vacancies in such office pursuant to section 10(d), or

(C)have been nominated directly as a candidate under subsection

(j)of this section. > > > #### “(3) > > In each general election for the office of Delegate and Mayor, the Board shall arrange the ballots to enable a registered qualified elector to vote for any one of the candidates for any such office who

(A)has been duly elected by any political party in the next preceding primary election for such office,

(B)has been duly nominated to fill a vacancy in such office pursuant to section 10(d), or

(C)has been nominated directly as a candidate under subsection

(j)of this section.” > . ####

(4)Paragraph

(3)of section 10(a) of such Act (D.C. Code, sec. 1–1100) is amended

(1)by inserting “

(A)” immediately before the word “ Except ”, and

(2)by adding at the end thereof the following: > > ##### “(B) > > Except as otherwise provided in the case of special elections under this Act primary elections of each political party for the office of member of the Council shall be held on the first Tuesday after the second Monday in September 1974, and every second year thereafter, and general election for such offices shall be held on the first Tuesday after the first Monday in November in 1974 and every second year thereafter. > > > ##### “(C) > > Except as otherwise provided in the case of a special election under this Act, primary elections of each political party for the office of Mayor and Chairman shall be held on the first Tuesday after the second Monday in September of every fourth year, commencing with calendar year 1974, and the general election for such office shall be held on the first Tuesday after the first Monday in November 1974 and every fourth year thereafter.” > . ####

(5)Paragraphs (6), (7), (8), and

(9)of section 10(a) of such Act (D.C. Code, sec. 1–1110) are repealed, and paragraphs

(4)and

(5)of such section 10(a) are amended to read as follows: > > #### “(4) > > With respect to special elections required or authorized by this Act, the Board may establish the dates on which such special elections are to be held and prescribe such other terms and conditions as may, in the Board's opinion, be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this Act. > > > #### “(5) > > General elections for members of the Board of Education shall be held on the first Tuesday after the first Monday in November of each odd-numbered calendar year.” > ####

(6)Section 10(b) of such Act (D.C. Code, sec. 1–1110) is amended by striking out “other than general elections for the Office of Delegate and for members of the Board of Education.”. ####

(7)Section 10(c) of such Act (D.C. Code, sec. 1–1110) is amended by striking out the words “other than an election for members of the Board of Education”. ####

(8)Section 10(d) of such Act (D.C. Code, sec. 1–1110) is amended to read as follows: > > ### “(d) > > In the event that any official, other than the Delegate, Mayor, member of the Council, member of the Board of Education, or a winner of a primary election for the office of Delegate, Mayor, or member of the Council, elected pursuant to this Act dies, resigns, or becomes unable to serve during his or her term of office leaving no person elected pursuant to this Act to serve the remainder of the unexpired term of office, the successor or successors to serve the remainder of such term shall be chosen pursuant to the rules of the duly authorized party committee, except that such successor shall have the qualifications required by this Act for such office. In the event that such a vacancy occurs in the office of a candidate for the office of Delegate, Mayor, or member of the Council who has been declared the winner in the preceding primary election of such office, the vacancy may be filled not later than fifteen days prior to the next general election for such office, by nomination by the party committee of the party which nominated his predecessor. In the event that such a vacancy occurs in the office of Delegate more than eight months before the expiration of its term of office, the Board shall call special elections to fill such vacancy for the remainder of its term of office.” > ####

(9)The first sentence of section 15 of such Act (D.C. Code, sec. 1–1115) is amended to read as follows: “No person shall be a candidate for more than one office on the Board of Education or the Council in any election for members of the Board of Education or Council, and no person shall be a candidate for more than one office on the Council in any primary election.” ####

(10)Section 15 of such Act (D.C. Code, sec. 1–1115) is further amended

(1)by designating the existing text of such section as subsection (a), and

(2)by adding at the end thereof the following new subsection: > > ### “(b) > > No person who is holding the office of Mayor, Delegate, Chairman or member of the Council, or member of the School Board shall, while holding such office, be eligible as a candidate for any other of such offices in any primary or general election, unless the term of the office which he so holds expires on or prior to the date on which he would be eligible, if elected in such primary or general election, to take the office with respect to which such election is held.” >