[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2655 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2655

  To require all candidates for election for the office of Senator or 
   Member of the House of Representatives to run in an open primary 
regardless of political party preference or lack thereof, to limit the 
    ensuing general election for such office to the two candidates 
 receiving the greatest number of votes in such open primary, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2015

  Mr. Delaney (for himself, Mr. Polis, and Mr. Peters) introduced the 
     following bill; which was referred to the Committee on House 
  Administration, and in addition to the Committees on Oversight and 
    Government Reform, the Judiciary, and Rules, 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 Senator or 
   Member of the House of Representatives to run in an open primary 
regardless of political party preference or lack thereof, to limit the 
    ensuing general election for such office to the two candidates 
 receiving the greatest number of votes in such open primary, and for 
                            other purposes.

    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 2015''.

SEC. 2. ELECTION OF MEMBERS OF CONGRESS THROUGH OPEN PRIMARIES.

    (a) Rules for Election of Members.--A candidate for election for 
the office of Senator or 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) An open primary election for such office held in 
        accordance with subsection (b).
            (2) A general election for such office held in accordance 
        with subsection (c).
    (b) Open Primaries.--Each State shall hold an open primary election 
for each office of Senator or 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 or lack thereof, 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 State (in the case of an 
        election for the office of Senator) or in the Congressional 
        district involved (in the case of an election for the office of 
        Member of the House of Representatives) may cast a ballot in 
        the election, regardless of the voter's political party 
        preference or lack thereof.
    (c) General Election.--Each State shall hold a general election for 
each office of Senator or Member of the House of Representatives in the 
State under which the 2 candidates receiving the greatest number of 
votes in the open primary election for such office (as described in 
subsection (b)), without regard to the political party preference or 
lack thereof 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 Senator or 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 Senator or Member of the House of 
Representatives. Nothing in this Act may be construed to prevent a 
political party from establishing such procedures as it sees fit to 
endorse or support candidates or otherwise participate in all 
elections, or from informally designating 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. Nothing in this Act may be construed to prevent a political 
party from adopting 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.
    (c) No Effect on Early or Absentee Voting.--Nothing in this section 
shall be construed to affect the authority of States to permit 
individuals to cast ballots in elections for Federal office prior to 
the date of the election (including the casting of ballots by mail) or 
to cast absentee ballots in the election.

SEC. 6. STUDY OF STATE CONGRESSIONAL REDISTRICTING PROCESSES; 
              RECOMMENDATIONS FOR ESTABLISHMENT OF INDEPENDENT 
              REDISTRICTING COMMISSIONS BY STATES.

    (a) Study.--The Comptroller General shall conduct a study of the 
procedures used by States to conduct Congressional redistricting, and 
shall include in the study the following:
            (1) An analysis of the impact that different procedures for 
        redistricting have had on the ability of minority voters to 
        participate in the political process and to elect 
        representatives of their choice.
            (2) An analysis of the impact that different procedures for 
        redistricting have had on the ability of local communities, 
        represented within the political boundaries of counties, 
        cities, towns, and wards, to participate in the political 
        process and to elect representatives of their choice.
            (3) An analysis of the benefits of requiring each State to 
        conduct Congressional redistricting through the use of an 
        independent redistricting commission and the best practices for 
        the administration of independent redistricting commissions.
    (b) Report to Congress.--
            (1) Report.--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), 
        and shall include in the report recommendations for proposed 
        legislation or other measures to require States to conduct 
        Congressional redistricting through independent commissions, on 
        the basis of national standards enacted by Congress.
            (2) Legislation to carry out recommendations.--For 
        recommendations for proposed legislation in the report 
        submitted under paragraph (1), the Comptroller General shall 
        include the text of such proposed legislation in the report.
    (c) Congressional Consideration of Legislation Included in 
Report.--
            (1) Legislation described.--A bill described in this 
        paragraph is a bill meeting the following requirements:
                    (A) The bill is introduced not later than 90 days 
                after the date on which the Comptroller General submits 
                the report to Congress under subsection (b).
                    (B) The text of the bill consists of the text of 
                the proposed legislation included in the report 
                submitted by the Comptroller General under subsection 
                (b).
                    (C) The title of the bill is as follows: ``A bill 
                to implement the recommendations of the Comptroller 
                General to require States to conduct Congressional 
                redistricting through independent commissions, as 
                submitted to Congress under section 6(b) of the Open 
                Our Democracy Act of 2015.''.
            (2) Referral.--A bill described in paragraph (1) that is 
        introduced in the House of Representatives shall be referred to 
        the Committee on the Judiciary of the House of Representatives. 
        A bill described in paragraph (1) introduced in the Senate 
        shall be referred to the Committee on the Judiciary of the 
        Senate.
            (3) Discharge.--If the committee to which a bill described 
        in paragraph (1) is referred has not reported such bill (or an 
        identical bill) by the end of the 60-day period beginning on 
        the date on which the bill is introduced, such committee shall 
        be, at the end of such period, discharged from further 
        consideration of such bill, and such bill shall be placed on 
        the appropriate calendar of the House involved.
            (4) Consideration.--(A) On or after the third day after the 
        date on which the committee to which such a bill is referred 
        has reported or has been discharged (under paragraph (3)) from 
        further consideration of such a bill, it is in order (even 
        though a previous motion to the same effect has been disagreed 
        to) for any Member of the respective House to move to proceed 
        to the consideration of the bill. A Member may make the motion 
        only on the day after the calendar day on which the Member 
        announces to the House concerned the Member's intention to make 
        the motion, except that, in the case of the House of 
        Representatives, the motion may be made without such prior 
        announcement if the motion is made by direction of the 
        committee to which the bill was referred. All points of order 
        against the bill (and against consideration of the bill) are 
        waived. The motion is highly privileged in the House of 
        Representatives and is privileged in the Senate and is not 
        debatable. The motion is not subject to amendment, or to a 
        motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        bill is agreed to, the respective House shall immediately 
        proceed to consideration of the joint bill without intervening 
        motion, order, or other business, and the bill shall remain the 
        unfinished business of the respective House until disposed of.
            (B) Debate on the bill, and on all debatable motions and 
        appeals in connection therewith, shall be limited to not more 
        than 10 hours, which shall be divided equally between those 
        favoring and those opposing the bill. An amendment to the bill 
        is not in order, except that a single amendment which is 
        entirely clerical in nature may be offered by a Member favoring 
        the bill. A motion further to limit debate is in order and not 
        debatable. A motion to postpone, or a motion to proceed to the 
        consideration of other business, or a motion to recommit the 
        bill is not in order. A motion to reconsider the vote by which 
        the bill is agreed to or disagreed to is not in order.
            (C) Immediately following the conclusion of the debate on a 
        bill described in paragraph (1) and a single quorum call at the 
        conclusion of the debate if requested in accordance with the 
        rules of the appropriate House, the vote on final passage of 
        the bill shall occur.
            (D) Appeals from the decisions of the Chair relating to the 
        application of the rules of the Senate or the House of 
        Representatives, as the case may be, to the procedure relating 
        to a bill described in paragraph (1) shall be decided without 
        debate.
            (5) Consideration by other house.--(A) If, before the 
        passage by one House of a bill of that House described in 
        paragraph (1), that House receives from the other House a bill 
        described in paragraph (1), then the following procedures shall 
        apply:
                    (i) The bill of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in clause (ii)(II).
                    (ii) With respect to a bill described in paragraph 
                (1) of the House receiving the bill--
                            (I) the procedure in that House shall be 
                        the same as if no bill had been received from 
                        the other House; but
                            (II) the vote on final passage shall be on 
                        the bill of the other House.
            (B) Upon disposition of the bill received from the other 
        House, it shall no longer be in order to consider the bill that 
        originated in the receiving House.
            (6) Exercise of rulemaking authority.--This subsection is 
        enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                as such it is deemed a part of the rules of each House, 
                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of a 
                bill described in paragraph (1), and it supersedes 
                other rules only to the extent that it is inconsistent 
                with such rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.

SEC. 7. MEMBER OF THE HOUSE 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, this Act shall apply 
with respect to elections occurring during 2016 or any succeeding year.
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