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OFFICE OF CHAIRMAN PHIL MENDELSON
COUNCIL OF THE DISTRICT OF COLUMBIA
Statement of Introduction
“Initiative Amendment Act of 2025”
Today I along with Councilmember Anita Bonds am introducing the “Initiative
Amendment Act of 2025” in response to a ruling by the DC Board of Elections. This bill was first
introduced in Council Period 25, received a public hearing in January 2024, and is prospective in
its effect.
Ever since Congress approved an amendment to the Home Rule Act in 1978 to permit voter
initiatives, it has been the law that “electors of the District of Columbia may propose laws (except
laws appropriating funds)….” The District of Columbia Court of Appeals has interpreted this
limitation on the use of the initiative process very broadly.
Nonetheless, in 2023 the proponents of an Initiative crafted a novel approach to circumvent
the prohibition: make the Initiative subject to appropriations. No matter how costly a proposal
may be, simply make the Initiative “subject to appropriations.” The Board of Elections went along
with this argument, reversing longstanding practice of rejecting proposals that would have a fiscal
cost.
The effect of this novel interpretation is either (1) to put before the voters an Initiative
proposal that will not be meaningful because it will not be funded; or (2) to seek to bind the Council
to appropriate funds, because this is the voters’ will. Either outcome is contrary to the clear intent
of the Home Rule Act: that the Initiative process may be used to establish laws provided that they
do not have a cost.
Examples of citizen lawmaking that do not require an appropriation are numerous, and
include: to legalize some forms of gambling (Initiative #6); to limit campaign contributions (#41);
to legalize recreational cannabis (#71); and to eliminate the tipped minimum wage (#82).
We must emphasize: without this bill, the Initiative Amendment Act of 2025, it is possible
that the floodgates will open to all kinds of good, but expensive proposals -- proposals that we may
not be able to afford.
While many of the proposals from citizens are good, the Council has an orderly process for
consideration. For 50 years this has worked. But the Board of Elections would now allow
Initiative proposals for any law that has a cost – even a substantial cost – so long as it is “subject
to appropriation.” The Initiative Amendment Act of 2025 would ensure that the original intent of
the 1978 Charter amendment is maintained.
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Councilmember Anita Bonds Chairman Phil Mendelson 2
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A BILL 6
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
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To amend the District of Columbia Election Code of 1955 to ensure that voter initiatives do not 17
have an effect on the appropriation of funds, consistent with Charter Amendment No. 1 to 18
the Home Rule Act. 19
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
act may be cited as the “Initiative Amendment Act of 2025”. 22
Sec. 2. Section 16 of the District of Columbia Election Code of 1955, approved August 23
12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.16) is amended as follows: 24
(a) Subsection (b) is amended as follows: 25
(1) Paragraph (1) is amended by adding a new subparagraph (E) to read as 26
follows: 27
“(E) The measure would be subject to appropriations prior to becoming 28
effective.”. 29
(2) A new paragraph (1B) is added to read as follows: 30
“(1B) If the measure is a proposed initiative measure, within one business day 31
after the proposed measure is received by the Board, the Board shall request a fiscal impact 32
statement from the Office of the Chief Financial Officer, who shall issue a fiscal impact 33
statement within 15 business days after receipt of the request from the Board.”. 34
(b) Subsection (c)(4) is repealed. 35
Sec. 3. Fiscal impact statement. 36
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 37
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 38
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 the 41
Mayor, action by the Council to override the veto), and a 30-day period of congressional review 42
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 43
24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1)). 44