4082553 Resolution 19-695, "Sense of the Council on Scheduling a Special Election and the Ballot Initiative for Local Budget Autonomy Emergency Resolution of 2012"

A RESOLUTION

 

19-695 

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

November 15, 2012

 

 

To declare, on an emergency basis, the sense of the Council to encourage the District of Columbia Board of Elections, in keeping with its mission and within the bounds of its statutory mandates, to schedule the Special Election to fill the vacancy of former at-large Councilmember Phil Mendelson and the initiative to amend the District of Columbia Home Rule Act pursuant to the Local Budget Autonomy Act of 2012 to take place on the same ballot to save resources and time and to take advantage of the occurrence of a District-wide election.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Sense of the Council on Scheduling a Special Election and the Ballot Initiative for Local Budget Autonomy Emergency Resolution of 2012”.

 

Sec. 2. The Council finds that:

(1) The right to vote is fundamental to the maintenance of democracy in the United States.

(2) The mission of and statutory mandate of the District of Columbia Board of Elections (“BOE”) is to ensure that the fundamental right to vote is maintained in the District of Columbia.

(3) The Council of the District of Columbia unanimously introduced the Local Budget Autonomy Act of 2012 on October 2, 2012 (D.C. Bill 19-993).

            (4) The Committee of the Whole held a Public Hearing on the Local Budget Autonomy Act of 2012 on Friday, November 9, 2012.

            (5) Twenty-Four witnesses testified at the November 9th public hearing, including Tom Davis, a former congressman of the 11th District of Virginia, Alice Rivlin, a former Chair of the District of Columbia Financial Control Board, David Zvenyach, General Counsel of the Council of the District of Columbia, Lori Alvino McGill, a partner at Latham & Watkins, Jon Bouker of DC Vote, Walter Smith of DC Appleseed, Shelly Broderick, Dean of the David A. Clarke School of Law, Nathan Saunders, President of the Washington Teachers Union, Maudine Cooper, President and CEO of the Greater Washington Urban League, and other organizations and individuals. Other witnesses submitted written testimony, including Natwar Gandhi, Chief Financial Officer of the District of Columbia.

            (6)  The majority of witnesses at the public hearing testified in support of the legislation.

 

Sec. 3. (a) The November 6, 2012 election of Phil Mendelson as Chairman of the Council created a vacant at-large seat on the Council.

 (b)  A special election must be scheduled by the BOE to fill the at-large vacancy.

 (c) The Council of the District of Columbia requests that the BOE place the initiative to amend the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 774; D.C. Official Code § 1-201.01 et seq.), pursuant to the Local Budget Autonomy Act of 2012 on the Special Election ballot used to fill the vacant at-large seat, so that residents may vote on the initiative during the Special Election.

 (d) The Council will not meet again until December 4, 2012.  The BOE is expected to certify the November 6, 2012 election on November 27, 2012. Accordingly, it is critical that the BOE is aware of the Sense of the Council as soon as possible, before it begins scheduling the Special Election to fill the at-large vacancy.

 

Sec. 4. It is the sense of the Council that the District of Columbia Board of Elections, in keeping with its mission and within the bounds of its statutory mandates, should place the initiative to amend the District of Columbia Home Rule Act pursuant to the Local Budget Autonomy Act of 2012, as introduced on  October 2, 2012 (D.C. Bill 19-993), on the ballot used during the Special Election to fill the vacancy of former at-large Councilmember Phil Mendelson to save resources and time and to take advantage of the occurrence of a District-wide election.

 

Sec. 5. The Council of the District of Columbia shall transmit a copy of this resolution, upon its adoption, to the District of Columbia Board of Elections.

 

Sec. 6. This resolution shall take effect immediately.