
March 4, 2020
District of Columbia Statehood and Voting Representation
For the first time in 27 years, a District of Columbia (DC)
District of Columbia Voting
statehood bill has moved out of committee and may be
Representation
considered on the floor of the House of Representatives.
Proponents for DC voting representations have sought to
The bill adds to the range of changes that Congress has
achieve their goals through a variety of options. Proposals
considered since DC was established. In the past 30 years,
have included full statehood or more limited methods of
more than 30 bills have been introduced in Congress that
providing DC residents the ability to vote in congressional
would provide voting representation for DC residents.
elections. Some Members of Congress have opposed these
legislative efforts and recommended maintaining the status
This In Focus discusses the status of DC, identifies
quo. No full statehood legislation has ever been passed by
concerns regarding DC representation, describes selected
the House or the Senate. Past legislative proposals have
issues in the statehood process, and outlines some recent
generally aligned with one of the following five options:
DC statehood or voting representation bills. It does not
provide legal or constitutional analysis on issues or
1. a constitutional amendment to give DC
proposals related to DC statehood or voting representation.
residents voting representation in
Furthermore, this In Focus does not address issues related
Congress;
to territorial statehood efforts. For information and analysis
2. retrocession of the District of Columbia
on these and other issues, please refer to the CRS products
to Maryland;
listed in the final section of this In Focus.
3. semi-retrocession, i.e., allowing qualified
District of Columbia
DC residents to vote in Maryland in
federal elections for the Maryland
When ratified in 1788, the U.S. Constitution called for the
congressional delegation to the House and
creation of a federal enclave to serve as the permanent seat
Senate;
of the new national government. The Constitution also
granted Congress plenary legislative authority over that
4. statehood for the District of Columbia;
enclave. Concerns regarding a lack of federal representation
and
for DC’s residents emerged as early as 1801, shortly after
5. a statutory provision for representation in
DC became the formal seat of the federal government.
the Congress (virtual statehood) or other
statutory means for voting representation.
Currently, DC is home to more than 700,000 residents who
pay federal taxes like all state residents. Unlike in states,
however, Congress exercises plenary authority in DC, and
The particular voting representation provided for in these
laws passed by the DC government are generally
models has varied in the manner and degree of proposed
implemented only after a congressional review period.
representation. Some bills introduced in Congress have
These limitations on local representative government raise
sought to provide a limited level of voting representation,
concerns for some DC residents and some Members of
such as granting one Representative in the House. Other
Congress. The Constitution does not provide DC residents
options, such as retrocession and semi-retrocession, sought
formal representation in Congress, which some argue limits
to provide representation to DC residents through
their ability to influence federal policy regarding DC.
participation in Maryland’s federal elections. Past proposals
for statehood and other similar models, like virtual
DC participation in federal elections currently includes
statehood, likely would have granted DC residents at least
casting votes for presidential electors (under the Twenty-
one Representative in the House, and in some cases, two
Third Amendment) and for one nonvoting delegate in the
Senators.
House of Representatives. DC does not have a formal
representative in the Senate. The DC delegate, like other
Statehood and the Constitution
delegates, can introduce legislation and possesses the same
The Constitution gives Congress the authority to grant
powers as Representatives in House committees. However,
statehood and provides some limits on forming states out of
delegates may not vote in, or preside over, the House.
existing states, but it does not outline conditions for
Although House rules for the 116th Congress allow
achieving statehood or specify a process by which it occurs.
delegates to vote in and preside over the Committee of the
In the past, several events have occurred prior to statehood
Whole, their votes may not be decisive in that forum.
admission. These events have typically included: (1) a
demonstration by the residents of the proposed state of a
belief in the principles of republican government; (2) an
expression of majority support for statehood among
residents; and (3) establishment of capacity of the proposed
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District of Columbia Statehood and Voting Representation
state to pay its share of federal costs. Congress has granted
reported by the House District of Columbia Committee
statehood through a variety of legislative vehicles. The
on September 17, 1987, but received no further action.
most common vehicle is for the House and Senate to pass a
bill or joint resolution approving statehood, which is then
H.R. 51, 103rd Congress, introduced by Delegate
signed by the President.
Holmes Norton in 1993. The full House voted on the bill
on November 21, 1993, but the bill failed by a 153-277
DC Statehood in the 116th Congress
margin.
On January 3, 2019, DC Delegate to Congress Eleanor
Holmes Norton introduced H.R. 51, the Washington, D.C.
S. 132, 113th Congress, introduced by Senator Carper in
Admission Act. The bill was referred to the House
2013. The Committee on Homeland Security and
Committee on Oversight and Reform. On February 28,
Governmental Affairs held a hearing on the bill, but it
2019, Senator Thomas Carper introduced, a companion bill
received no further action.
to H.R. 51. The Senate bill was referred to the Committee
on Homeland Security and Governmental Affairs. On
Other Recent Legislative Proposals
September 19, 2019, the Committee on Oversight and
In recent histo S. 631ry, Congress has also considered
Reform held a hearing on H.R. 51.
legislative proposals to establish voting representation for
DC in ways other than statehood. Some similarly designed
The House committee held a markup on February 11, 2020,
bills recently sought to expand the number of seats in the
on a separate statehood bill, H.R. 5803. Introduced by
House to 437 and to grant a DC voting representative in
Delegate Holmes Norton on February 7, 2020, the bill is
that chamber. Such bills included:
similar to H.R. 51, but provides more detail on the process
for statehood transition in DC.
H.R. 157, 111th Congress, introduced by Delegate
Holmes Norton in 2009. The bill was reported by the
H.R. 5803 would admit Washington, Douglass
House Committee on the Judiciary, but received no
Commonwealth, as the 51st state of the United States, on
further action.
“equal footing with the other States in all respects
whatever.” The state would include most of the land in the
S. 160, 111th Congress, introduced by Senator Joseph
District of Columbia. The legislation would create a smaller
Lieberman in 2009. The Senate approved the bill by a
federal enclave named District of Columbia, which would
vote of 61-37 on February 26, 2009. It was not taken up
remain as the Capital and would include “principal Federal
by the House.
monuments,” the U.S. Capitol Building, the White House,
the U.S. Supreme Court Building, and federal office
Although S. 160 was similar to H.R. 157, it contained
buildings adjacent to the National Mall and the U.S.
several unique provisions. One such provision in S. 160
Capitol.
would have limited DC to no more than one representative
in the House and no Senators. It would also require the
As a state, Washington, Douglass Commonwealth, would
creation of a fourth congressional district in Utah. Another
elect two Senators and at least one Representative in the
provision would have repealed most of the DC gun control
House. Additionally, the state would gain full sovereignty
law.
over its legislative process. The bill would also establish
procedures that expedite congressional consideration of a
For More Information/CRS Reports
joint resolution to repeal the Twenty-Third Amendment,
For more information on DC statehood and voting
which provides at least three electoral college votes to the
representation, please see the following resources:
District. If enacted, H.R. 5803 would set the process for
transferring federal responsibilities to the new state and
CRS Testimony TE10039, H.R. 51, the Washington, D.C.
establish a statehood transition commission.
Admission Act, by Kenneth R. Thomas
During the February 2020 markup, the committee rejected
CRS Report RL33830, District of Columbia Voting
several amendments, including some that would restrict the
Representation in Congress: An Analysis of Legislative
new state’s ability to enact legislation dealing with gun
Proposals
control, immigration, and abortion. H.R. 5803 was ordered
to be reported by a vote of 21-16. News reports have quoted
CRS Report R40555, Delegates to the U.S. Congress:
House leaders as saying the bill will be scheduled for floor
History and Current Status, by Christopher M. Davis
action prior to the summer district work period.
For analysis on recent statehood efforts in Puerto Rico,
Selected Previous Proposals for District
please see the following report:
of Columbia Statehood
Since 1983, there has been a continuing effort by some to
CRS Report R44721, Political Status of Puerto Rico: Brief
bring voting representation to DC. Some statehood bills
Background and Recent Developments for Congress, by R.
from recent history include:
Sam Garrett
H.R. 51, 100th Congress, introduced by DC Delegate to
Joseph V. Jaroscak, Analyst in Economic Development
Congress Walter E. Fauntroy in 1987. The bill was
Policy
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District of Columbia Statehood and Voting Representation
IF11443
Disclaimer
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