(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)
State defined— In this section, the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (
52 U.S.C. 21141).
(d)
Effective date— Subsection (a) shall apply with respect to elections held after the date of the enactment of this Act.