S. 5505
Safe and Fair Elections Act of 2026
Sponsor: Bill Cassidy · 0 cosponsors
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Text of the bill
I Secure American Elections Act
II Fair American elections
(a) In general. Title III of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), as amended by section 104(a), is amended by inserting after section 303C the following new section:
303D. Requiring open primaries
(a) In general
(1) Elections for Federal office. Each State shall hold open primaries for elections for Federal office held in the State.
(2) Elections for State and local office. Notwithstanding any other provision of law, a State may not use any funds provided by the Federal Government directly for election administration purposes unless the State certifies to the Election Assistance Commission that the State holds open primaries for elections for State and local office.
(b) Open primaries described. For purposes of this section, a State holds open primaries for an election for an office if any individual who is registered to vote in a general election for such office in the State may cast a ballot in any primary election (including a primary election held for the selection of delegates to a national nominating convention of a political party and a primary election held for the expression of a preference for the nomination of individuals for election to the office of President) held by any political party to nominate candidates for election for that office, including a convention or caucus of a political party which has authority to nominate a candidate.
(c) Effective date. Subsection (a) shall apply with respect to elections held after January 1, 2027.
(b) Clerical amendment. The table of contents of such Act, as amended by section 104(b), is amended by inserting after the item relating to section 303C the following new item:
Sec. 303D. Requiring open primaries.
III Nonseverability