Section 1 Short title
This Act may be cited as the “District of Columbia Equal Representation Act of 2013”.
District of Columbia Equal Representation Act of 2013
A BILL
To provide for the treatment of the District of Columbia as a State for purposes of representation in the House of Representatives and Senate, and for other purposes.
Sec. 2 Representation in Congress for District of Columbia
Representation—
In general— Notwithstanding any other provision of law, effective with respect to the One Hundred Thirteenth Congress and each succeeding Congress, the District of Columbia shall be treated as a State for the purposes of representation in the House of Representatives and the Senate.
Classification of senators— In the first election of Senators from the District of Columbia, the 2 senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the 2 senatorial offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.
Conforming Amendments Relating to Apportionment of Members of House of Representatives—
Inclusion of District of Columbia 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.”
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);”.
Conforming amendments regarding appointments to service academies—
in subsection (a), by striking paragraph (5); and
in subsection (f), by striking “the District of Columbia,”.
United States naval academy— Such title is amended—
in section 6954(a), by striking paragraph (5); and
in section 6958(b), by striking “the District of Columbia,”.
in subsection (a), by striking paragraph (5); and
in subsection (f), by striking “the District of Columbia,”.
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 for the One Hundred Thirteenth Congress.
Sec. 3 Increase in Membership of House of Representatives
Permanent Increase in Number of Members— Effective with respect to the One Hundred Thirteenth Congress and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the District of Columbia pursuant to section 2(a).
Reapportionment of Members Resulting From Increase—
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 One Hundred Thirteenth Congress”.
Effective date— The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2020 and each subsequent regular decennial census.
Sec. 4 Repeal of office of District of Columbia delegate
Repeal of Office— 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.
Effective date— The amendments made by this section shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Thirteenth Congress.
Sec. 5 Providing For Elections for House Members and Senators From District of Columbia
Application of District of Columbia Elections Code of 1955— The District of Columbia Elections Code of 1955 is amended as follows:
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 the Congress, Senator,” .
In section 2 (sec. 1–1001.02, D.C. Official Code)—
by striking paragraph (6); and
in paragraph (13), by striking “the Delegate to Congress for the District of Columbia, United States Senator and Representative,” and inserting “the Representative in the Congress, Senator,”.
In section 8 (sec. 1–1001.08, D.C. Official Code)—
in the heading, by striking “Delegate” and inserting “Representative, Senator,”; and
by striking “Delegate,” each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting “Representative in the Congress, Senator,”.
In section 10 (sec. 1–1001.10, D.C. Official Code)—
in subsection (a)(3)(A)—
by striking “or section 206(d) of the District of Columbia Delegate Act”, and
by striking “the office of Delegate to the House of Representatives” and inserting “the office of Representative in the Congress”;
in subsection (d)(1), by striking “Delegate,” each place it appears;
in subsection (d)(2)—
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 the Congress before May 1 of the last year of the Representative’s term of office,” and
by striking subparagraph (B); and
by amending subsection (d)(3) to read as follows:
“(3) In the event of a vacancy in the office of Senator, the Mayor shall appoint a successor to complete the remainder of the term of office.”
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 the Congress, Senator,”.
In section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking “Delegate,” and inserting “Representative in the Congress, Senator,”.
In section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking “the Delegate to the Congress from the District of Columbia” and inserting “the Representative in the Congress and Senator”.
Effective date— The amendments made by this section shall apply with respect to the election of the first Representative and Senators from the District of Columbia pursuant to this Act and each subsequent election of Representatives and Senators from the District of Columbia pursuant to this Act.
Sec. 6 Repeal of offices of statehood Representative and Senator
In general— Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended by striking subsections (d), (e), (f), and (g).
Conforming amendments—
Statehood commission— Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended—
in subsection (a)—
by striking “27 voting members” and inserting “24 voting members”;
by adding “and” at the end of paragraph (4); and
by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and
in subsection (a–1)(1), by striking subparagraphs (F), (G), and (H).
Authorization of appropriations— Section 8 of such Initiative (sec. 1–127, D.C. Official Code) is repealed.
Application of honoraria limitations— Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is repealed.
Application of campaign finance laws— Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is repealed.
District of Columbia Elections Code of 1955— Section 2(13) of the District of Columbia Elections Code of 1955 (sec. 1—1001.02(13), D.C. Official Code) is amended by striking “United States Senator and Representative,”.
Effective date— The amendments made by this section shall take effect upon the taking office of the first Representative and Senators from the District of Columbia pursuant to this Act.
Sec. 7 Expedited 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:
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.
A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.
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.
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.
Sec. 8 Nonseverability of provisions
If any provision of section 2(a), 2(b)(1), or 3, or any amendment made by any such section, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.