WASHINGTON, D.C. — Robert White, the Democratic candidate for the Washington, D.C., seat in Congress, may have to give up his at-large spot on the D.C. Council before voters go to the polls Nov. 3, because of a little-known federal law from 1970.
The District of Columbia Delegate Act bars the city’s delegate from holding any other paid public post on the date of the election. The city’s top lawyer, Attorney General Brian Schwalb, recommends that White leave his council post ahead of the vote. White has said he will resign by Monday if the dispute is not settled.
White reads the law differently. In a statement Wednesday, he argued that the date of election should mean the day a winner is formally confirmed, not the day ballots are cast. Certification of the results is tentatively set for Dec. 2. He said he is exploring legal options but will not put the District’s voice in Congress at risk.
White also warned that leaving early could cost taxpayers. Councilmember Janeese Lewis George, the Democratic nominee for mayor, is expected to win, and an early exit by White could force the city to run two separate special elections to fill both seats. The office of Council Chairman Phil Mendelson said he is not planning emergency legislation on the issue.
White is running to succeed longtime Delegate Eleanor Holmes Norton.
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