District of Columbia CONSTITUTION
ARTICLE VIII
TRANSFER OF OFFICES

Art. VIII §1 | TRANSFER OF OFFICES

a. The Council of the District of Columbia and the offices of Councilmembers, Chairman of the Council, and Mayor are abolished as of the effective date of this Constitution.

b. To provide continuity during the transition from the government of the District of Columbia to the State of Washington, D.C., the members of the Council, the Chairman of the Council, the Mayor, the Attorney General, and members of the State Board of Education and Advisory Neighborhood Commissions in office as of the effective date of this Constitution shall be deemed Representatives of the Legislative Assembly, Speaker of the Legislative Assembly, Governor, Attorney General, and members of the State Board of Education and Advisory Neighborhood Commissions, respectively (in accordance with current boundaries), until the expiration of the term of office each such individual held immediately prior to the effective date of this Constitution. Vacancies in these offices occurring during the holdover term shall be filled as provided in Articles I, II, and VI.

c. New Representatives of the Legislative Assembly shall be elected on the same schedule as existing Councilmembers of the District of Columbia. The Board of Elections shall hold elections for newly created positions in the Legislative Assembly at least 60 days and not more than 120 days after the effective date of this Constitution, unless it determines that such positions could be more practicably filled in a special election held on the same day as the next primary or general election to be held in the State of Washington, D.C. The Legislative Assembly shall, by Act, establish the election schedule for all newly created positions; provided, that such Act ensures a staggered schedule, including between Representatives from the same legislative district.

d. The individual serving as District of Columbia Auditor as of the effective date of this Constitution shall be deemed to have been appointed as Auditor under Article I for a term to expire as of the date of expiration of the term to which he or she was appointed.

e. Positions previously held on boards, commissions, and regional bodies by members of the Council of the District of Columbia, the Chairman of the Council, or the Mayor shall be held after the effective date of this Constitution by Representatives of the Legislative Assembly, the Speaker of the Legislative Assembly, and the Governor, respectively, to the extent consistent with this Constitution.

f. For boards and commissions, members not federally appointed and in office as of the effective date of this Constitution shall continue to serve until the expiration of that term of office held on the effective date of this Constitution.

g. The terms of federally appointed members to any District of Columbia board or commission shall expire on the 90th day from the effective date of this Constitution unless otherwise provided by law, and no vacancies shall be deemed to be created by the abolition of these positions unless the Governor or Legislative Assembly creates a new position on the board or commission.

h. The individual serving as Chief Financial Officer as of the effective date of this Constitution shall be deemed to have been appointed as Chief Financial Officer under Article II, for a term to expire on July 1 of the year in which that individual’s previously extant term would have expired.

Art. VIII §2 | CONTINUATION OF STATE OF WASHINGTON, D.C. COURT SYSTEM

a. To provide continuity during the transition from the government of the District of Columbia and the State of Washington, D.C., the judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals appointed as of the effective date of this Constitution shall be deemed judges of the Superior Court of the State of Washington, D.C. and the State of Washington, D.C. Court of Appeals, respectively, until the expiration of that term of office held immediately prior to the effective date of this Constitution.

b. The District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the Judicial Nomination Commission, and the Commission on Judicial Disability and Tenure shall continue subject to the provisions of Article III of this Constitution. Any changes in the judges’ compensation, upon enactment by the Legislative Assembly, shall apply after the effective date or the applicability date of such Act, whichever is later.

c. The term and qualifications of any judge of any District of Columbia court appointed prior to the effective date of this Constitution shall not be affected by the provisions of Article III of this Constitution. No provision of this Constitution shall be construed to extend the term of any such judge. Judges of the State of Washington, D.C. courts appointed after the effective date of this Constitution shall be appointed according to Article III.

d. Nothing in this Constitution shall be construed to amend, repeal, or diminish the duties, rights, privileges, or benefits accruing under sections 1561 through 1571 of title 11 of the District of Columbia Code, dealing with retirement, or to authorize a decrease in the level of compensation of the judges of the District of Columbia courts as of the effective date of this Constitution. The compensation received by judges of the State of Washington, D.C. courts shall not be diminished during their continuance in office.

Art. VIII §3 | PENDING ACTIONS AND PROCEEDINGS

All existing writs, actions, suits, judicial and administrative proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, contracts, claims, demands, titles, and rights shall continue unaffected except as may be modified in accordance with the provisions of this Constitution. The State of Washington, D.C. shall be the legal successor to the District of Columbia in all matters.

Art. VIII §4 | LAWS IN FORCE AND PRIOR POWERS

a. Acts of the Council of the District of Columbia preceding the effective date of this Constitution and the convening of the Legislative Assembly shall be considered valid as if they were enacted by the Legislative Assembly.

b. Upon the effective date of this Constitution, all of the laws then in force in the District of Columbia, including regulations and Mayor’s Orders, shall become the laws of the State of Washington, D.C. and continue in force and effect throughout the State of Washington, D.C., except as modified by the State of Washington, D.C. Admission Act, or by this Constitution, or as thereafter modified in accordance with this Constitution.

c. All powers previously vested in the Council of the District of Columbia by Congress through the District of Columbia Home Rule Act, to the extent not inconsistent with this Constitution and to the extent not thereafter having been transferred or repealed, shall be vested in the Legislative Assembly in accordance with the provisions of this Constitution.

d. The powers possessed by the respective Advisory Neighborhood Commissions for the District of Columbia on the day prior to the effective date of this Constitution shall be possessed by the Advisory Neighborhood Commissions for the State of Washington, D.C. on the effective date of this Constitution, to the extent not inconsistent with this Constitution, and to the extent not thereafter modified or repealed in accordance with this Constitution

e. Except as otherwise provided in this Constitution, all functions previously granted to or vested in the Mayor of the District of Columbia through the District of Columbia Home Rule Act, to the extent not inconsistent with this Constitution and to the extent not thereafter having been transferred or repealed, shall be vested in the Office of the Governor in accordance with the provisions of this Constitution.

f. The annual compensation of the Speaker of the Legislative Assembly and Representatives, the Governor, the Attorney General, the Chief Financial Officer, and the judges of the Superior Court of the State of Washington, D.C. and the State of Washington, D.C. Court of Appeals on the effective date of this Constitution shall be the annual compensation provided to the Chairman and members of the Council, the Mayor, the Attorney General, the Chief Financial Officer, and the judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals immediately prior to the effective date of this Constitution.

g. The powers possessed by the Attorney General for the District of Columbia on the day prior to the effective date of this Constitution shall be possessed by the Attorney General for the State of Washington, D.C. upon the effective date of the Constitution, to the extent not inconsistent with this Constitution, and to the extent not thereafter having been transferred or repealed.

Art. VIII §5 | PERSONNEL RIGHTS

Nothing in this Constitution shall be construed as affecting the rights under District of Columbia law of employees of the State of Washington, D.C. who were employed by the District of Columbia government prior to the effective date of this Constitution to personnel benefits, including, but not limited to pay, tenure, leave, retirement, health and life insurance, and employee disability and death benefits, or regulations adopted pursuant thereto, and applicable to such officers and employees immediately prior to the effective date of this Constitution; provided, that all such benefits shall thereafter be subject to modification by Act or regulation.

Art. VIII §6 | DEBTS; ASSETS; RECORDS

The debts and liabilities of the District of Columbia as of the effective date of this Constitution shall be assumed by the State of Washington, D.C., and debts owed to the District of Columbia shall be collected by the State of Washington, D.C. Assets and records of the District of Columbia shall become the property of the State of Washington, D.C.

Art. VIII §7 | RESIDENCY AND QUALIFICATIONS

Residence, voter registration, or other qualifications under the District of Columbia may be used toward the fulfillment of corresponding qualifications required by this Constitution.

Art. VIII §8 | ADJUSTMENTS

The Governor is authorized and empowered to enter into an agreement or agreements concerning the manner and method by which amounts owed by the State of Washington, D.C. to the United States or by the United States to the State of Washington, D.C., shall be ascertained and paid.

Art. VIII §9 | VOTING RIGHTS

Any person who resides in any area which was a part of the District of Columbia immediately prior to the admission of the State of Washington, D.C. but which is not included within the boundaries of the State of Washington, D.C. may, at that person’s option, be deemed to be a resident of the State of Washington, D.C. for purposes of voting in a State of Washington, D.C. election, unless that person claims residency in another state for voting purposes.

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District of Columbia CONSTITUTIONARTICLE VIIITRANSFER OF OFFICES

Art. VIII §1 | TRANSFER OF OFFICES

Art. VIII §2 | CONTINUATION OF STATE OF WASHINGTON, D.C. COURT SYSTEM

Art. VIII §3 | PENDING ACTIONS AND PROCEEDINGS

Art. VIII §4 | LAWS IN FORCE AND PRIOR POWERS

Art. VIII §5 | PERSONNEL RIGHTS

Art. VIII §6 | DEBTS; ASSETS; RECORDS

Art. VIII §7 | RESIDENCY AND QUALIFICATIONS

Art. VIII §8 | ADJUSTMENTS

Art. VIII §9 | VOTING RIGHTS

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