H.R. 5334 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5334 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Delaney introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Oversight and Government Reform and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require all candidates for election for the office of Member of the House of Representatives to run in a single open primary regardless of political party preference, to limit the ensuing general election for such office to the two candidates receiving the greatest number of votes in such single open primary, and for other purposes. 1. Short title This Act may be cited as the Open Our Democracy Act of 2014. 2. Election of Members of House of Representatives Through Open Primaries (a) Rules for Election of House Members A candidate for election for the office of Member of the House of Representatives shall be elected to such office pursuant to the following elections held by the State in which the candidate seeks election: (1) A single open primary election for such office held in accordance with subsection (b). (2) A single general election for such office held in accordance with subsection (c). (b) Open Primaries Each State shall hold a single open primary election for each office of Member of the House of Representatives in the State under which— (1) each candidate for such office, regardless of the candidate’s political party preference, shall appear on a single ballot; and (2) each voter in the State who is eligible to vote in elections for Federal office in the Congressional district involved may cast a ballot in the election, regardless of the voter’s political party preference. (c) General Election Each State shall hold a general election for each office of Member of the House of Representatives in the State under which the 2 candidates receiving the greatest number of votes in the single open primary election for such office (as described in subsection (b)), without regard to the political party preference of such candidates, shall be the only candidates appearing on the ballot. 3. Ability of candidates to disclose political party preferences (a) Option of Candidates To Declare Political Party Preference At the time a candidate for the office of Member of the House of Representatives files to run for such office, the candidate shall have the option of declaring a political party preference, and the preference chosen (if any) shall accompany the candidate’s name on the ballot for the election for such office. (b) Designation for Candidates Not Declaring Preference If a candidate does not declare a political party preference under subsection (a), the designation No Party Preference shall accompany the candidate’s name on the ballot for the election for such office. (c) No Party Endorsement Implied The selection of a party preference by a candidate under subsection (a) shall not constitute or imply endorsement of the candidate by the party designated, and no candidate in a general election shall be deemed the official candidate of any party by virtue of his or her selection in the primary. 4. Protection of Rights of Political Parties Nothing in this Act shall restrict the right of individuals to join or organize into political parties or in any way restrict the right of private association of political parties. Nothing in this Act shall restrict a party’s right to contribute to, endorse, or otherwise support a candidate for the office of Member of the House of Representatives. A political party may establish such procedures as it sees fit to endorse or support candidates or otherwise participate in all elections, and may informally designate candidates for election to such an office at a party convention or by whatever lawful mechanism the party may choose, other than pursuant to a primary election held by a State. A political party may also adopt such rules as it sees fit for the selection of party officials (including central committee members, presidential electors, and party officers), including rules restricting participation in elections for party officials to those who disclose a preference for that party at the time of registering to vote. 5. Treatment of election day in same manner as legal public holiday for purposes of Federal employment (a) In General For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. (b) Sense of Congress regarding treatment of day by private employers It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. 6. Study of national standards and criteria for Congressional redistricting (a) Study The Comptroller General shall conduct a study of the feasibility and desirability of enacting national standards and criteria for Congressional redistricting. (b) Report to Congress Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a). 7.5Before January 1, 1999. 7.75January 1, 1999, to December 31, 1999. 7.9January 1, 2000, to December 31, 2000. 7.55After January 11, 2003. 7. Member defined In this Act, the term Member of the House of Representatives included a Delegate or Resident Commissioner to the Congress. 8. Effective date Except as provided in sections 5(a) and 6(b), this Act shall apply with respect to elections occurring during 2016 or any succeeding year.