[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5334 Introduced in House (IH)]

113th CONGRESS
2d Session
H. R. 5334

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.

_______________________________________________________________________

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

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Open Our Democracy Act of 2014''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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).

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7.5.......................................... Before January 1, 1999.
7.75........................................ January 1, 1999, to December 31, 1999.
7.9......................................... January 1, 2000, to December 31, 2000.
7.55........................................ After January 11, 2003.
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SEC. 7. MEMBER DEFINED.

In this Act, the term ``Member of the House of Representatives''
included a Delegate or Resident Commissioner to the Congress.

SEC. 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.
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