COUNCILMEMBER ANITA BONDS, CHAIRPERSON
COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20004
November 25, 2024
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Smith,
Today, I am introducing the “Special Election in the Office of Delegate Amendment Act of
2024.” Please find enclosed a signed copy of the legislation, which amends the District of
Columbia Election Code of 1955 by requiring the Board of Elections to hold a special election
for the Office of Delegate in the event that the Speaker of House of Representatives declares
extraordinary circumstances, defined as more than 100 vacancies in the House of
Representatives.
District of Columbia law outlines the timeline for a special election to be held for the Office of
Delegate in the event of a vacancy in the position. The law specifies that if the vacancy occurs
prior to May 1 of the last year of the term of office, the Board of Elections will hold a special
election on a Tuesday occurring at least 70 days but not more than 174 days after the vacancy is
declared.1 In the event the vacancy occurs after May 1 of the last year of the term, the Mayor is
authorized to appoint a successor to complete the remainder of the term. This legislation keeps
these provisions in place but clarifies that the Board of Elections shall follow the federal law
outlined below in the event of specific extraordinary circumstances.
In 2005, Congress passed Public Law 109-55 (119 Stat. 565), an Act making appropriations for
the Legislative Branch for the fiscal year ending September 30, 2006. Title III of the Act,
providing for continuity in representation in the event of significant vacancies in the House of
Representatives, requires the states to hold special elections if the Speaker of the House declares
that more than 100 seats are vacant. In these extraordinary circumstances, the states are directed
to hold special elections within 49 days unless a regular or special election is already scheduled
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D.C. Code § 1-1001.10(d)
which will occur within 75 days of the vacancy announcement. The Act specifies that this
subsection applies to a Delegate of the District of Columbia.
This legislation clarifies that in the event the Speaker of the House declares more than 100
vacancies in the House of Representatives and there exists a vacancy in the office of Delegate of
the District of Columbia, the Board of Elections shall hold a special election for the office
according to the timeline outlined by federal law. If a vacancy occurs in the office outside of
these circumstances, the timeline established by D.C. Code § 1-1001.10(d) and all other
provisions of DC law will prevail.
Should you have any questions about this legislation, please contact Elspeth Callahan,
Legislative Director, at ecallahan@dccouncil.gov.
Thank you,
Anita Bonds
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4 Councilmember Anita Bonds
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14 A BILL
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17 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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20 To amend the District of Columbia Election Code of 1955 to require that the Board of Elections
21 hold a special election to fill a vacancy in the office of Delegate within 49 days after the
22 declaration by the Speaker of the House of Representatives of extraordinary
23 circumstances.
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25 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
26 act may be cited as the “Special Election in the Office of Delegate Amendment Act of 2024”.
27 Sec. 2. Section 10(d)(2) of the District of Columbia Election Code of 1955, approved
28 August 12 (69 Stat. 699, D.C. Official Code § 1-1001.10(d)(2)) is amended by adding a new
29 subparagraph (C) to read as follows:
30 “(C) Notwithstanding subparagraphs (A) and (B) of this paragraph and any other
31 provision of District law, in extraordinary circumstances, as defined in section 26(b)(4)(A) of the
32 Revised Statutes of the United States (2 U.S.C. 8(b)(4)(A)), a vacancy in the office of Delegate
33 shall be filled in accordance with section 26 of the Revised Statutes of the United States (2
34 U.S.C. 8(b)).”.
35 Sec. 3. Fiscal impact statement.
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36 The Council adopts the fiscal impact statement in the committee report as the fiscal
37 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
38 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
39 Sec. 4. Effective date.
40 This act shall take effect following approval by the Mayor (or in the event of veto by
41 the Mayor, action by the Council to override the veto) and a 30-day period of Congressional
42 review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved
43 December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(l)).
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