Nathan

D.C. Attorney General Irv Nathan has asked that the D.C. Board of Elections scrap a planned referendum on D.C. budget autonomy scheduled to coincide with the April 23 At-Large special election, saying in a letter that the measure is illegal and should not be placed before the city’s voters.

In a letter sent last week, Nathan said that his office had concluded that the referendum—which would amend the Home Rule Charter to allow the city to spend the money it raises locally without congressional approval—would violate the charter itself and possibly federal law that prohibits agencies from spending money that hasn’t specifically been appropriated to them. If the referendum were to pass, Nathan warns, it would open up D.C. to costly litigation and potentially raise the ire of members of Congress.

Nathan’s position largely echoes concerns made by Mayor Vince Gray late last year before the D.C. Council authorized the referendum. Still, Gray signed the legislation, and Nathan writes in his letter that he is expressing his concerns not as a spokesman for Gray, but rather as an “independent Attorney General charged with the responsibility of attempting to ensure that the District adheres to the rule of law.”

The council’s chief lawyer has said that the referendum is permissible, as have other attorneys. Still, Nathan is set to appear at an elections board hearing this morning to argue against the referendum, while Council Chair Phil Mendelson will speak on its behalf.

Advocates of the budget autonomy referendum have expressed anger over Nathan’s position, saying that it has put him in an awkward position if the matter reaches the courts. Nathan has a duty to defend D.C. law, they say, but in this case would have to recuse himself since he’s the one making the argument that the referendum would violate the law.

We’ll have more after this morning’s hearing.

2013-1-4 Nathan Letter to BOEE