D.C. Retrocession Bill: Nearly All of the District Returns to Maryland, Ending D.C. Delegate and Presidential Vote

This legislation, the Washington, D.C. Residents Voting Act, proposes a massive, structural change to the nation’s capital: the return, or “retrocession,” of nearly all the current District of Columbia territory back to the State of Maryland. The transfer is contingent on Maryland passing its own law to accept the land, after which the President must issue a proclamation within 30 days (Sec. 102).

What remains is a tiny, permanent “Federal District” that includes the White House, the Capitol, the Supreme Court, and the federal buildings lining the Mall (Sec. 111). This core area would remain under the exclusive legislative control of Congress, essentially reverting the federal seat of government to its original, non-municipal status. For anyone living or working in the current D.C. area, this bill is a seismic shift that eliminates D.C.’s local government structure and redraws political lines.

The End of D.C. as a City

One of the most immediate and impactful changes is the termination of the District of Columbia’s legal status as a municipal corporation (Sec. 114). That means the local D.C. government structure, as we know it, is dissolved. All the territory and residents outside the tiny Federal District would immediately become part of Maryland.

For residents in the ceded territory, this means they instantly fall under Maryland’s jurisdiction. The bill specifies that Maryland’s criminal laws and vehicle laws will immediately apply in the new Federal District (Sec. 113). While the bill ensures that all D.C. property and legal obligations—including ongoing lawsuits and contracts—are transferred directly to Maryland (Sec. 121, 202), residents will be trading D.C. regulations, taxes, and services for Maryland’s.

Voting Rights: A Mixed Bag

The bill addresses the long-standing issue of D.C. residents lacking federal representation, but it does so in a complicated way. First, it repeals the law that allows the seat of government to participate in presidential elections (Sec. 223). This means the District would lose its three electoral votes, pending the ratification of a constitutional amendment repealing the 23rd Amendment.

For those who live in the retained Federal District, the bill creates the category of “absent Federal District voter.” These individuals are permitted to register and vote in all federal elections (President, Senate, House) in the state where they were most recently domiciled before moving to the Federal District (Sec. 221). So, if you moved to the Federal District from Virginia, you’d vote in Virginia’s federal elections via absentee ballot.

Finally, the Office of the D.C. Delegate is eliminated (Sec. 222). The person currently holding that office gets a temporary, non-voting Representative seat for Maryland until the next official reapportionment. This provision grants Maryland a temporary boost in its House delegation, which is a unique political maneuver.

Protecting the Transitioning Workforce

The bill is meticulous about protecting the federal benefits of specific D.C. government employees who are caught in the transition. If you were a D.C. employee covered by the D.C. Retirement Protection Act, or a specific D.C. court employee, or worked for the Public Defender Service, and you transition to working for the State of Maryland after the retrocession, your federal benefits (like retirement and civil service benefits) are protected (Sec. 301-306).

This means that if you were a long-time D.C. court clerk or a public defender, and you continue that job function under the new Maryland state system, the Federal Government remains responsible for the employer’s share of your benefits, treating you as a federal employee solely for benefit purposes. This is a critical provision for ensuring the continuity of essential public services and protecting the accrued benefits of long-serving employees.