Councilmember Kevin P. Chavous
A RESOLUTION IN
THE COUNCIL OF THE DISTRICT OF COLUMBIA
To declare the existence of an emergency with respect to the need to
enact an amendment to the District of Columbia Election Code of 1955 to reduce the number
of days required which must toll before a measure can be placed on a ballot after a
Charter amendment.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the "District of Columbia Election Code Emergency
Declaration Resolution of 2000".
Sec. 2. The Council finds that:
(a) The current election law provides that the District Charter may be
amended by following the procedure set forth in D.C. Code _ 1-205. Under that procedure an
act must be passed by the Council and ratified by a majority of the registered qualified
electors of the District and submitted for approval by the Congress.
(b) The law authorizes the Board of Elections and Ethics to promulgate
rules for the holding of elections to ratify proposed charter amendments. The law and
rules governing the holding of elections to ratify proposed charter amendments are set
forth in section 16 of the District of Columbia Election Code of 1955, effective June 7,
1979 (D.C. Law 3-1; D.C. Code §1-1320) and 3 DCMR Chapter 18.
(c) Under the Election Code, certain time frames are established that must be met in
order to place a charter amendment referendum on a ballot which include:
(d) The need for a minimum of 54 days after acceptance of the
referendum before placement on ballot at a general election (May 2nd). D.C. Code
§1-1320(p)(1) and D.C. Code §1-283. Because these time frames are contained in local
law, they can be changed, at any time by an act of the Council.
(e) The Council of the District of Columbia will consider the School
Governance Charter Amendment Act of 2000, which will require a change in the Home Rule
Charter of the District of Columbia.
(f) In order to get the initiative on the ballot for the Presidential
Primary on May 2, 2000, the waiting period must be reduced to allow for two (2) readings
by the Council on the proposed Act.
(g) Reducing the time period that the initiative must be submitted
before the Board of Elections will allow for two readings by the Council and avoid having
a special election to consider the Charter change, which would cost $300,000.00.
Sec. 3. The Council of the District of Columbia determines that the
circumstances enumerated in section 2 constitute emergency circumstances making it
necessary that the District of Columbia Unemployment Compensation Tax Stabilization
Emergency Amendment Act of 1997 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.