Open Primaries Act

A bill to establish nonpartisan open primary elections for federal offices, increase voter participation, and ensure fair access to the ballot for all candidates.

SECTION 1. SHORT TITLE

This Act shall be cited as the “Open Primaries Act of 2025.”

SECTION 2. PURPOSE & FINDINGS

2.1 Purpose

• To ensure that all eligible voters — including independents — can participate fully in publicly funded elections.

• To reduce polarization by incentivizing candidates to appeal to a broader electorate.

• To modernize and unify primary election systems under a fair and accessible national standard.

2.2 Congressional Findings

• Over 40% of U.S. voters are unaffiliated with any political party, yet are often excluded from closed primaries.

• Public elections should not serve private political party interests alone.

• Open, nonpartisan primaries improve turnout, reduce partisan extremism, and increase voter trust.

SECTION 3. DEFINITIONS

• Nonpartisan Primary: A single primary ballot listing all candidates for an office, regardless of party affiliation.

• Top-Four Primary: A primary system in which the four candidates receiving the highest number of votes advance to the general election.

• RCV: Ranked Choice Voting, to be used in general elections as defined in Section 6.

SECTION 4. OPEN PRIMARY SYSTEM FOR FEDERAL ELECTIONS

4.1 Federal Primary Reform Mandate

• All states shall conduct nonpartisan open primaries for the following offices:

  • U.S. House of Representatives

  • U.S. Senate

  • President and Vice President of the United States (where applicable under state law)

4.2 Ballot Structure

• All candidates appear on a single ballot, regardless of party.

• Voters may select one candidate per office in the primary.

• All registered voters may participate, including those unaffiliated with any party.

4.3 Advancement to General Election

• The top four vote-getters from the primary advance to the general election.

• If only one or two candidates file, those candidates automatically appear on the general election ballot.

SECTION 5. CANDIDATE ACCESS AND BALLOT FAIRNESS

5.1 Equal Access

• All candidates must meet uniform signature or filing fee requirements.

• States may not impose additional barriers (e.g., party approval) for ballot access in open primaries.

5.2 Party Identification

• Candidates may list a party affiliation or “No Party Preference” on the ballot, but this shall be for informational purposes only and not control ballot access or placement.

SECTION 6. GENERAL ELECTION VOTING METHOD

6.1 Ranked Choice Voting (RCV) Requirement

• General elections for any office with more than two candidates shall be conducted using Ranked Choice Voting, with the following features:

  • Voters may rank up to 5 candidates

  • Votes are tabulated in instant runoff rounds until a candidate achieves a majority

  • Final tabulation and transfer data must be publicly disclosed

SECTION 7. PRESIDENTIAL PRIMARY INTEGRATION

7.1 State Option

• States may apply the open primary model to presidential preference elections, provided:

  • All voters have access to all candidates on one ballot

  • Delegates are apportioned based on nonpartisan vote outcomes

SECTION 8. VOTER EDUCATION & PUBLIC OUTREACH

8.1 National Campaign

• The Election Assistance Commission (EAC) shall coordinate a public information campaign explaining:

  • The mechanics of open primaries and RCV

  • Sample ballots and voter guides

  • Rights of independent and unaffiliated voters

8.2 Language & Accessibility

• All voter education materials must be:

  • Multilingual

  • ADA compliant

  • Distributed through mail, online, and community partners

SECTION 9. ENFORCEMENT & FEDERAL FUNDING

9.1 Federal Election Grant Eligibility

• States must comply with open primary standards to be eligible for:

  • Federal voting system modernization grants

  • RCV implementation funds

  • Technical and outreach support from the EAC

9.2 DOJ Oversight

• The Department of Justice Voting Section shall have authority to investigate and enforce compliance, including:

  • Discrimination in primary access

  • Improper candidate suppression

  • Misrepresentation of party rules in ballot design

SECTION 10. IMPLEMENTATION TIMELINE

• This Act shall take effect no later than January 1, 2028, for the following federal election cycle.

• States may apply for waivers or phased implementation with demonstrated hardship and a clear compliance plan.

SECTION 11. SEVERABILITY

If any provision of this Act is held unconstitutional or unenforceable, the remainder of the Act shall remain in effect.