Bill Text: NY A09771 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes a ranked choice voting method to be implemented by local governments for use in general elections, special elections and primaries within the state.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-02-11 - referred to election law [A09771 Detail]
Download: New_York-2019-A09771-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9771 IN ASSEMBLY February 11, 2020 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to establishing a ranked choice voting method for general elections, special elections and primaries within the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new article 18 to 2 read as follows: 3 ARTICLE 18 4 RANKED CHOICE VOTING METHOD 5 Section 18-100. Definitions. 6 18-102. Ranked choice voting method for state elections. 7 18-104. Ranked choice voting method permitted for local 8 elections. 9 18-106. Ranked choice voting method; ballots. 10 18-108. Ranked choice voting method; procedures. 11 18-110. Voter education. 12 18-112. Construction. 13 § 18-100. Definitions. 1. "Ranked choice voting method" shall mean a 14 method of casting and tabulating votes that simulates the ballot counts 15 that would occur if all voters participated in a series of runoff 16 elections, whereby the voters rank candidates according to the order of 17 their choice and, if no candidate has received a majority of votes cast, 18 then the candidate with the fewest first choice votes is eliminated and 19 the remaining candidates advance to another counting round. In every 20 round, each ballot is counted as one vote for the highest ranked advanc- 21 ing candidate. 22 2. "Local government" shall mean a county, city, town, village, or 23 school district. 24 § 18-102. Ranked choice voting method for state elections. 1. The 25 state board of elections is hereby authorized to promulgate rules and 26 regulations mandating all county board of elections to conduct all state 27 elections, including general elections, special elections and primaries, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15081-02-0A. 9771 2 1 to be held in the year two thousand twenty-two and for all state 2 elections held thereafter, utilizing the ranked choice voting method. 3 2. The provisions of this article shall apply only when three or more 4 candidates have been nominated or designated for a state elected office 5 enumerated in subdivision one of this section. 6 § 18-104. Ranked choice voting method permitted for local elections. 7 1. For all local elections to be held in the year two thousand twenty- 8 two and for all local elections held thereafter, local governments are 9 hereby permitted to conduct elections utilizing the ranked choice voting 10 method for all local elections in the state. 11 2. In order to implement the ranked choice voting method as provided 12 in subdivision one of this section, the governing body of the local 13 government shall adopt a resolution implementing the ranked choice meth- 14 od as authorized by this article. Such resolution shall be subject to a 15 permissive referendum. 16 3. Such resolution shall be adopted by the governing board of the 17 local government at least one hundred eighty days before the local 18 election for which ranked choice voting shall be utilized. 19 4. The provisions of this article shall apply only when three or more 20 candidates have been nominated or designated for an office enumerated in 21 subdivision one of this section, and the governing body of the local 22 government has enacted a resolution implementing the ranked choice 23 voting method. 24 § 18-106. Ranked choice voting method; ballots. 1. For offices subject 25 to the ranked choice voting method, the ballot shall be simple and easy 26 to understand and allow a voter to rank candidates for an office in 27 order of choice. A voter may include no more than one write-in candidate 28 among that voter's ranked choices for each office. If feasible, ballots 29 shall be designed so that a voter may mark that voter's first choices in 30 the same manner as that for offices not elected by the ranked choice 31 voting method. 32 2. Instructions on the ballot shall conform substantially to the 33 following specifications, although subject to modification, based on 34 ballot design and voting machine: 35 "Vote for candidates by indicating your first-choice candidates in 36 order of preference. Indicate your first choice by marking the number 37 "1" beside a candidate's name, your second choice by marking the number 38 "2" beside a candidate's name, your third choice by marking the number 39 "3" beside a candidate's name and so on, for as many choices as you 40 wish. You may choose to rank only one candidate, but ranking additional 41 candidates will not hurt the chances of your first-choice candidate. Do 42 not mark the same number beside more than one candidate. Do not skip 43 numbers." 44 3. A sample ballot for an office subject to the ranked choice voting 45 method shall illustrate the voting procedure for the ranked choice 46 voting method. Such a sample ballot shall be included with each absen- 47 tee ballot. 48 4. The appropriate election official for a local government where the 49 ranked choice voting method has been authorized by such local government 50 shall insure that the necessary voting system, vote tabulation system, 51 or other similar or related equipment shall be available to accommodate 52 the ranked choice voting method. 53 § 18-108. Ranked choice voting method; procedures. The following 54 procedures shall apply in determining the winner in an election for an 55 office subject to the ranked choice voting method:A. 9771 3 1 1. The first choice marked on each ballot shall be counted initially 2 by election officials. If one candidate receives a majority of the votes 3 cast, excluding blank and void ballots, that candidate shall be declared 4 elected. 5 2. If no candidate receives a majority of first-choice votes cast at 6 the end of the initial count, the candidate receiving the fewest first- 7 choice votes shall be eliminated. Each vote cast for the eliminated 8 candidate shall be transferred to the candidate who was the voter's next 9 choice on the ballot. 10 3. Candidates with the fewest votes shall continue to be eliminated, 11 with the votes for such candidates transferred to the candidate who was 12 each voter's next choice on the ballot until a candidate receives a 13 majority of the votes cast, excluding blank and void ballots. When a 14 candidate receives a majority of the votes cast, that candidate shall be 15 declared elected. 16 4. If a ballot has no more available choices ranked on it, that ballot 17 shall be declared exhausted. Where a ballot skips one or more numbers, 18 that ballot shall be declared exhausted when the skipping of numbers is 19 reached. A ballot with the same number for two or more candidates shall 20 be declared exhausted when these double numbers are reached. 21 5. In the case of a tie between candidates for last place, and thus 22 elimination, occurring at any stage in the tabulation, the tie shall be 23 resolved so as to eliminate the candidate who received the least number 24 of votes at the previous stage of tabulation. In the case of a tie to 25 which a previous stage does not apply, or such previous stage was also a 26 tie, the tie shall be resolved by drawing lots. However, if the tie 27 occurs when there are only two candidates remaining, the tie shall be 28 resolved in accordance with the provisions of this chapter. 29 § 18-110. Voter education. Where a local government shall pass a 30 resolution authorizing the ranked choice voting method, the governing 31 body shall conduct a voter education campaign on the ranked choice 32 voting system to familiarize voters with the ballot design, method of 33 voting, and advantages of determining a majority winner in a single 34 election. The governing body shall use public service announcements, as 35 well as seek other media cooperation to the maximum extent practicable. 36 § 18-112. Construction. All state and local elections held by the 37 ranked choice voting method pursuant to this article shall be subject to 38 all the other provisions of this chapter and all other applicable laws 39 relating to elections, so far as is applicable and not inconsistent with 40 this chapter. 41 § 2. This act shall take effect immediately and shall apply to all 42 elections held in the state on or after January 1, 2022.
