D.C. Council member Robert White, the Democratic nominee for the District’s nonvoting congressional delegate, is racing against the clock to navigate a 1970 law that threatens his eligibility for the seat, telling The Washington Sun on Tuesday that his team is working “through a few options” to resolve the issue.
The obscure provision mandates that the D.C. House delegate cannot hold any other paid public office, such as a D.C. Council seat, at the time of their election. Pushing back on claims that the issue caught his campaign off guard, White told The Sun, “This isn’t new to me. We’ve had a legal theory on this for quite some time.”
But White noted that he recently received a reading on the matter from the D.C. attorney general that he did not agree with and didn’t expect. He added that his team is waiting on additional clarity before sharing a final plan.
The issue was first reported by City Cast D.C. and The Washington Post.
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With the general election approaching on Nov. 3, White appeared set for a steady path to succeed outgoing Delegate Eleanor Holmes Norton after winning the June Democratic primary. Now, he faces a tight deadline to either resign from the council and forfeit his final months in the role or persuade his colleagues to consider changing the law before Tuesday, which would require emergency action from the council.
Sarah Graham, a spokeswoman for D.C.’s Board of Elections, stated that White is eligible to run for delegate under the current law so long as he resigns before Election Day next week.
Despite the looming deadline, White signaled he is undeterred and fully preparing to take office. He told The Sun that he spent Tuesday calling incoming members from solidly Democratic districts to introduce himself, offer to be a resource and ensure they understand D.C. home rule.
“We’ve got to address it,” White said. “I’ve got a few days to make a call and determination, but I’m not going to jeopardize going into Congress.”
White participated in a debate on Friday during which he outlined an aggressive take on the delegate role, including fighting for D.C. statehood and preventing congressional interference in local affairs.
The statutory restriction dates back to 1970, when Congress first passed legislation to create the nonvoting delegate position for the District.
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