Bill Text: NY S06235 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to instant run-off elections in the city of New York for any city-wide elections for the office of mayor, public advocate or comptroller.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S06235 Detail]

Download: New_York-2023-S06235-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6235

                               2023-2024 Regular Sessions

                    IN SENATE

                                      April 5, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to instant run-off  voting
          in  the city of New York; and to repeal certain provisions of such law
          relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  6-162  of the election law is REPEALED and a new
     2  section 6-162 is added to read as follows:
     3    § 6-162. Primary; New York city, instant run-off  voting.  1.  In  the
     4  city  of  New  York,  any  city-wide primary elections for the office of
     5  mayor, public advocate or comptroller, in which more than two candidates
     6  appear on the ballot for the same office, shall be conducted by  instant
     7  run-off voting.
     8    2. For the purposes of this section, the term "instant run-off voting"
     9  means  an  election  in  which  voters may rank up to five candidates in
    10  order of preference, first, second and so on, and  in  which  tabulation
    11  proceeds  in up to two rounds as follows: If the candidate with the most
    12  votes receives a vote total less than fifty percent plus one  vote,  the
    13  two  candidates with the most votes proceed to a second round of ballot-
    14  counting. In such second round, each ballot is counted  as  a  vote  for
    15  whichever  of  the  two  advancing  candidates  is ranked higher by that
    16  voter.  Any ballot that does not rank either of the two advancing candi-
    17  dates shall not be counted in the second round. The candidate  with  the
    18  most votes in the second round shall be declared the winner.
    19    3.  That  portion  of  the ballot pertaining to elections conducted by
    20  instant run-off voting shall allow a voter to rank candidates  in  order
    21  of  choice  in  a  way  that  is  clear and easy to understand and shall
    22  include the opportunity to rank no more than one write-in candidate.  To
    23  the  extent possible, ballots shall be designed so that a voter may mark

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09772-01-3
        S. 6235                             2

     1  that voter's first choice in the same manner as for offices not  elected
     2  by instant run-off voting.
     3    4.  Instructions on the ballot for elections conducted by instant run-
     4  off voting must conform substantially to the  following  specifications,
     5  subject  to  modification  based on ballot design, usability testing and
     6  voting machines: "Vote for candidates by  indicating  your  first-choice
     7  candidate  and  ranking  additional  candidates  in order of preference.
     8  Indicate your first choice by indicating a number "1"  beside  a  candi-
     9  date's  name,  your  second  choice  by indicating a number "2" beside a
    10  candidate's name, your third choice by marking the number "3"  beside  a
    11  candidate's  name  and so on. You may choose to rank only one candidate,
    12  but ranking another candidate as a lower choice will not hurt your first
    13  choice. You may rank the same candidate more than once,  but  the  addi-
    14  tional ranking does not help that candidate. Do not mark the same number
    15  beside more than one candidate. Do not skip numbers."
    16    5.  The  board  of  elections, with the approval of the state board of
    17  elections, may provide for the use of mechanical,  electronic  or  other
    18  devices  for sorting and counting ballots and tabulating results and may
    19  modify the form of the ballots, and the method of sorting, counting, and
    20  invalidating ballots and the tabulating and  recounting  of  votes  with
    21  respect  to offices elected by instant run-off voting, provided that any
    22  change made substantially conforms to this chapter.
    23    § 2. Subdivision 2 of section 7-114 of the election law is amended  by
    24  adding a new paragraph (c) to read as follows:
    25    (c)  On the front of the stub, above the perforated line at the top of
    26  the paper ballot shall be printed the same instructions as on the gener-
    27  al election ballot, and additional instructions, if any, required  under
    28  section 6-162 of this chapter.
    29    § 3. This act shall take effect January 1, 2025.