Sec. 203. Establishing minimum number of candidates in general election
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If, in a primary election for the office of Representative, the identification and number of candidates who will advance to the general election for such office is based on the candidates’ political party preferences (without regard to whether or not the election is open or closed to voters on the basis of political party preference), the State shall ensure that the number of candidates in the election who advance to the general election for the office with a particular political party preference is equal to the number of Representatives who will be elected from the district involved.
Notwithstanding paragraph (1), in the case of a primary election described in such paragraph which is a multi-seat primary election, a State may permit a political party to adopt a rule that provides for such number of candidates of that political party to advance to the general election as the party considers appropriate, so long as the number is not less than 2. In this subsection, the term multi-seat primary election means a primary election held to select the candidates for a general election in which more than one Representative shall be elected.
If a State uses a nonpartisan nominating primary election to determine which candidates will advance to the general election for the office of Representative, the State shall ensure that the number of candidates who advance to the general election for the office is not less than the greater of— 5; twice the number of Representatives who will be elected from the district involved; or such greater number as the State may establish by law. In this subsection, a nonpartisan nominating primary election is a primary election for the office of Representative under which— each candidate for such office, regardless of the candidate’s political party preference or lack thereof, shall appear on a single ballot; each voter in the State who is eligible to vote in elections for Federal office in the district involved may cast a ballot in the election, regardless of the voter’s political party preference or lack thereof; and the identification and number of candidates who advance to the general election for the office is determined without regard to the candidates’ political party preferences or lack thereof.
This section does not apply in the case of a State that does not hold primary elections for the office of Representative prior to the date established under section 25 of Revised Statutes of the United States ( 2 U.S.C. 7 ) for the regularly scheduled general election for such offices.
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Sec. 203
Establishing minimum number of candidates in general election
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