Bill Text: IA HSB183 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act allowing for the use of ranked choice voting in city elections, and including effective date and applicability provisions.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2023-02-22 - Subcommittee recommends indefinite postponement. Vote Total: 2-0. [HSB183 Detail]

Download: Iowa-2023-HSB183-Introduced.html
House Study Bill 183 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act allowing for the use of ranked choice voting in city 1 elections, and including effective date and applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2130YC (2) 90 ss/ns
H.F. _____ Section 1. Section 39.3, Code 2023, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 10A. “Ranked choice voting” means an 3 election method in which voters rank candidates for an office 4 in order of the voter’s preference and the ballots are counted 5 in rounds, and votes, or fractions thereof, are distributed to 6 candidates according to the preferences marked on each ballot 7 as described in section 376.12. 8 Sec. 2. NEW SECTION . 43.113 Special charter cities —— 9 ranked choice voting. 10 In a special charter city holding a city primary election 11 pursuant to section 43.112, the city may choose to conduct the 12 primary election by ranked choice voting as provided in section 13 376.12. 14 Sec. 3. Section 43.117, Code 2023, is amended to read as 15 follows: 16 43.117 Plurality vote nominates and elects. 17 A plurality shall nominate the party candidate for all 18 offices filled by elections authorized by section 43.112 , and 19 a plurality shall elect the precinct committee members. In a 20 special charter city that uses ranked choice voting for the 21 nomination of party candidates and precinct committee members, 22 the candidate having the greatest number of votes under section 23 376.12, subsection 4, or designated as elected under section 24 376.12, subsection 5, shall be considered to have obtained a 25 plurality of votes. 26 Sec. 4. Section 49.31, subsection 4, Code 2023, is amended 27 to read as follows: 28 4. The Except for an office elected by ranked choice voting, 29 the heading for each office on the ballot shall be immediately 30 followed by a notation stating, “Vote for no more than ... ”, 31 and indicating the maximum number of nominees or candidates for 32 that office for whom each elector may vote. 33 Sec. 5. Section 50.1A, Code 2023, is amended to read as 34 follows: 35 -1- LSB 2130YC (2) 90 ss/ns 1/ 10
H.F. _____ 50.1A Canvass by officials. 1 1. At every election conducted under chapter 49 , except the 2 primary election provided for by chapter 43 , and at every other 3 election unless the law authorizing the election otherwise 4 requires, the vote shall be canvassed at each polling place by 5 the election board in the manner prescribed by this chapter . 6 When the poll is closed, the precinct election officials shall 7 forthwith, and without adjournment: 8 1. a. Publicly canvass the vote, and credit each candidate 9 with the number of votes counted for the candidate. 10 2. b. Ascertain the result of the vote. 11 3. c. Prepare in writing a list of any apparently or 12 possibly erroneous information appearing in the precinct 13 election register. 14 4. d. Designate two election board members, not members 15 of the same political party, who shall each separately keep a 16 tally list of the count. 17 2. The precinct election officials shall canvass the vote 18 for an office elected by ranked choice voting according to 19 rules adopted by the state commissioner pursuant to section 20 50.36A. 21 Sec. 6. Section 50.22, Code 2023, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 5. The special precinct board shall 24 canvass the vote for an office elected by ranked choice voting 25 according to rules adopted by the state commissioner pursuant 26 to section 50.36A. 27 Sec. 7. Section 50.24, Code 2023, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 1A. The board of supervisors shall 30 canvass the vote for an office elected by ranked choice voting 31 according to rules adopted by the state commissioner. 32 Sec. 8. NEW SECTION . 50.36A Offices elected by ranked 33 choice voting —— determination of winner. 34 The winner of an election for an office elected by ranked 35 -2- LSB 2130YC (2) 90 ss/ns 2/ 10
H.F. _____ choice voting shall be determined as provided in section 1 376.12. The state commissioner shall adopt rules pursuant 2 to chapter 17A to provide for the tallying, canvassing, and 3 tabulation of ballots for an office elected by ranked choice 4 voting. 5 Sec. 9. Section 376.6, subsection 1, paragraphs a and b, 6 Code 2023, are amended to read as follows: 7 a. The council may by ordinance choose to have a runoff 8 election, as provided in section 376.9 , or a ranked choice 9 voting election, as provided in section 376.12, in lieu of a 10 primary election. 11 b. If the council has by ordinance chosen to have 12 nominations made in the manner provided by chapter 44 or 45 , or 13 a ranked choice voting election, as provided in section 376.12, 14 neither a primary election nor a runoff election nor a ranked 15 choice voting election is required. 16 Sec. 10. Section 376.6, subsection 2, Code 2023, is amended 17 to read as follows: 18 2. Each city clerk shall certify to the city’s controlling 19 commissioner of elections under section 47.2 the type of 20 nomination process to be used for the city no later than ninety 21 days before the date of the regular city election. If the city 22 has by ordinance chosen a runoff election , has chosen a ranked 23 choice voting election, or has chosen to have nominations made 24 in the manner provided by chapter 44 or 45 , or has repealed 25 nomination provisions under those sections in preference for 26 the primary election method, a copy of the city ordinance shall 27 be attached. No changes in the method of nomination to be 28 used in a city shall be made after the clerk has filed the 29 certification with the commissioner, unless the change will not 30 take effect until after the next regular city election. 31 Sec. 11. NEW SECTION . 376.12 Ranked choice voting election. 32 1. For the purposes of this section: 33 a. “Active candidate” means a candidate that has not been 34 defeated or elected. 35 -3- LSB 2130YC (2) 90 ss/ns 3/ 10
H.F. _____ b. “Election threshold” means the number of votes sufficient 1 for a candidate to be elected in a multi-winner election. The 2 election threshold equals the total votes counted for active 3 candidates in the first round of tabulation, divided by the sum 4 of one plus the number of offices to be filled, then adding 5 one, disregarding any fractions. 6 c. “Highest-ranked active candidate” means the active 7 candidate assigned to a higher ranking than any other active 8 candidate. 9 d. “Inactive ballot” means a ballot that does not count for 10 any candidate as specified in subsection 6. 11 e. “Overvote” means an instance in which a voter has ranked 12 more than one candidate at the same ranking. 13 f. “Ranking” means the number available to be assigned by 14 a voter to a candidate to express the voter’s choice for that 15 candidate, with ranking number one being the highest ranking. 16 g. “Round” means an instance of the sequence of voting 17 tabulation steps established in subsection 4 or 5. 18 h. “Skipped ranking” means a circumstance in which a voter 19 omits a ranking number and subsequently ranks a candidate using 20 a lower ranking number than the ranking number omitted. 21 i. “Surplus fraction” means a number equal to the quotient 22 of the difference between an elected candidate’s vote total and 23 the election threshold, divided by the candidate’s vote total, 24 truncated after four decimal places. 25 j. “Transfer value” means the proportion of a vote that a 26 ballot will contribute to its highest-ranked active candidate, 27 which starts at one. 28 k. “Undervote” means a ballot that does not contain any 29 candidates at any ranking in a particular election. 30 2. A city that has chosen by ordinance to conduct city 31 elections using ranked choice voting shall not hold a separate 32 primary or runoff election, unless the city holds partisan 33 elections as provided in sections 43.112 through 43.118 and 34 sections 420.126 through 420.137. 35 -4- LSB 2130YC (2) 90 ss/ns 4/ 10
H.F. _____ 3. a. In an election conducted by ranked choice voting, 1 the ballot shall allow a voter to rank candidates in order of 2 choice, and ranking candidates shall not constitute voting for 3 more than one candidate or for more than the number of persons 4 to be elected as provided in section 49.93, unless the ballot 5 includes an overvote. 6 b. The ballot shall allow a voter to rank as many choices as 7 there are qualified candidates, including qualified write-in 8 candidates, except as provided in this section. If voting 9 equipment cannot accommodate a number of rankings on the ballot 10 equal to the number of qualified candidates, the controlling 11 commissioner of elections may limit the number of choices a 12 voter may rank on a ballot to the maximum number allowed by the 13 equipment. If multiple types of voting equipment are used in 14 an election for the same office, the controlling commissioner 15 of elections shall ensure that every ballot allows voters to 16 rank the same number of candidates. 17 4. In an election for one office conducted by ranked 18 choice voting, each ballot shall count as one vote for the 19 highest-ranked active candidate on that ballot. Tabulation 20 shall proceed in rounds with each round proceeding sequentially 21 as follows: 22 a. If two or fewer active candidates remain, the candidate 23 with the greatest number of votes is elected and tabulation is 24 complete. 25 b. If more than two active candidates remain, the active 26 candidate with the fewest votes is defeated, votes for the 27 defeated candidate are transferred to each ballot’s next-ranked 28 active candidate, and a new round begins as provided in 29 paragraph “a” . 30 5. a. In an election for more than one office conducted by 31 ranked choice voting, each ballot shall count, at its current 32 transfer value, for the highest-ranked active candidate on that 33 ballot. Tabulation shall proceed in rounds with each round 34 proceeding sequentially as follows: 35 -5- LSB 2130YC (2) 90 ss/ns 5/ 10
H.F. _____ (1) If the sum of the number of elected candidates and 1 the number of active candidates is less than or equal to the 2 number of seats to be filled, then all active candidates are 3 designated as elected, and tabulation is complete. 4 (2) If an active candidate has a number of votes greater 5 than or equal to the election threshold for the election, 6 that candidate shall be designated as elected. If the number 7 of elected candidates is equal to the number of seats to 8 be filled, tabulation is complete. Otherwise, each ballot 9 counting for an elected candidate is assigned a new transfer 10 value by multiplying the ballot’s current transfer value by the 11 surplus fraction for the elected candidate, truncated after 12 the fourth decimal place. Each candidate elected under this 13 subparagraph is deemed to have a number of votes equal to the 14 election threshold for the election in all future rounds and a 15 new round begins pursuant to subparagraph (1). 16 (3) If no candidate is elected pursuant to subparagraph (2), 17 the candidate with the fewest votes is defeated and votes for 18 the defeated candidates shall be transferred at their current 19 transfer value to each ballot’s next-ranked active candidate 20 and a new round begins pursuant to subparagraph (1). 21 b. If, in a round of counting conducted pursuant to this 22 subsection, two or more candidates have a number of surplus 23 votes greater than the election threshold for the election, 24 the surpluses shall be distributed in rounds in which the 25 largest surplus is distributed first, with any ties resolved 26 by lot. The controlling commissioner of elections may modify 27 the procedure to distribute surpluses simultaneously in the 28 same round, provided that such modification is made prior to 29 the election. 30 6. a. In any round of tabulation conducted pursuant to 31 subsection 4 or 5, an inactive ballot does not count for any 32 candidate. A ballot is inactive if any of the following are 33 true: 34 (1) It does not contain any active candidates and is not an 35 -6- LSB 2130YC (2) 90 ss/ns 6/ 10
H.F. _____ undervote. 1 (2) It has reached an overvote. 2 (3) It has reached two consecutive skipped rankings. 3 b. An undervote does not count as an active or inactive 4 ballot in any round of tabulation. 5 7. In an election conducted by ranked choice voting, the 6 controlling commissioner of elections may modify the tabulation 7 to include batch elimination. In a tabulation including batch 8 elimination, when the active candidate with the fewest votes 9 would be defeated, all active candidates in the elimination 10 batch are simultaneously defeated. An active candidate is 11 in the elimination batch if the number of elected and active 12 candidates with more votes than that candidate is greater than 13 the number of offices to be elected, and it is mathematically 14 impossible for that candidate to be elected for any of the 15 following reasons: 16 a. The candidate could never win because the candidate’s 17 current vote total plus all votes that could possibly be 18 transferred to the candidate in future rounds would not be 19 enough to equal or surpass the active candidate with the 20 next-higher current vote total. The number of votes that could 21 possibly be transferred to the candidate in future rounds 22 includes the number of votes for candidates with equal or fewer 23 votes than that candidate, regardless of whether the candidate 24 is ranked at a lower ranking on ballots counting for other 25 candidates. 26 b. The candidate has a lower current vote total than an 27 active candidate described in paragraph “a” . 28 8. If two or more candidates are tied with the fewest votes 29 and tabulation cannot continue until the candidate with the 30 fewest votes is defeated, then the candidate to be defeated 31 shall be determined by lot. The controlling commissioner may 32 resolve prospective ties between candidates prior to tabulation 33 but after all votes are cast. The result of any tie resolution 34 shall be recorded and reused in the event of a recount. 35 -7- LSB 2130YC (2) 90 ss/ns 7/ 10
H.F. _____ 9. a. The state commissioner of elections shall, after 1 consultation with county commissioners of elections, adopt 2 rules pursuant to chapter 17A for the release of unofficial 3 preliminary round-by-round results and unofficial preliminary 4 cast vote records as soon as feasible after the polls close and 5 at regular intervals thereafter until the counting of ballots 6 is complete. 7 b. Unofficial preliminary round-by-round results shall 8 be clearly labeled as preliminary and shall, to the extent 9 feasible, include the percent of ballots counted to date. 10 c. Unofficial preliminary cast vote records shall be all of 11 the following: 12 (1) Clearly labeled as preliminary and, to the extent 13 feasible, include the percent of ballots counted to date. 14 (2) Published online in a publicly accessible, electronic 15 format. 16 (3) Identifiable by precinct to the extent such 17 identification can be provided consistent with voter privacy. 18 10. In addition to any other information required by law 19 to be reported with final results, the commissioner shall make 20 public all of the following: 21 a. The total number of votes each candidate received in each 22 round of the official tabulation, including votes for withdrawn 23 candidates. 24 b. The total number of ballots that became inactive in 25 each round because they did not contain any active candidates, 26 reached an overvote, or reached two consecutive skipped 27 rankings, reported as separate figures. 28 c. The cast vote records in a publicly accessible, 29 electronic format that is identifiable by precinct to the 30 extent such identification can be provided consistent with 31 voter privacy. 32 Sec. 12. EFFECTIVE DATE. This Act, being deemed of 33 immediate importance, takes effect upon enactment. 34 Sec. 13. APPLICABILITY. This Act applies to city elections 35 -8- LSB 2130YC (2) 90 ss/ns 8/ 10
H.F. _____ that are held on or after January 1, 2024, and that are also 1 held ninety or more days after the adoption of a city ordinance 2 to use ranked choice voting, as specified in the ordinance. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill provides for ranked choice voting for city 7 elections. The bill allows a city to adopt ranked choice 8 voting by ordinance for city elections. Ranked choice 9 voting is a method of casting and tabulating votes in which 10 voters rank candidates in order of preference and tabulation 11 proceeds in rounds in which candidates are eliminated and 12 votes redistributed until the number of candidates remaining 13 is equal to or less than the number of offices to be filled. 14 The bill includes procedures for the tabulation of ballots and 15 redistribution of votes and requires the state commissioner 16 of elections to adopt rules to provide for the tallying, 17 canvassing, and tabulation of ballots for an office elected 18 by ranked choice voting. The bill also requires the state 19 commissioner of elections, after consultation with county 20 commissioners of elections, to adopt rules for the release of 21 preliminary round-by-round results and cast vote records in 22 ranked choice voting elections. 23 In addition to information currently required by law, the 24 bill requires a report of the final results of a ranked choice 25 voting election to include the total number of votes each 26 candidate received in each round of the official tabulation, 27 including votes for withdrawn candidates, the total number of 28 ballots that became inactive in each round because they did not 29 contain any active candidates, reached an overvote, or reached 30 two consecutive skipped rankings, reported as separate figures, 31 and the cast vote records in a publicly accessible, electronic 32 format that is identifiable by precinct to the extent such 33 identification can be provided consistent with voter privacy. 34 The bill takes effect upon enactment and applies to city 35 -9- LSB 2130YC (2) 90 ss/ns 9/ 10
H.F. _____ elections that are held on or after January 1, 2024, that are 1 also held 90 or more days after adoption of an ordinance to use 2 ranked choice voting, as specified in the ordinance. 3 -10- LSB 2130YC (2) 90 ss/ns 10/ 10
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