Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4112 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 4584 FILED ON: 9/26/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4112
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tommy Vitolo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing ranked choice voting in the town of Brookline.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tommy Vitolo15th Norfolk9/26/2023 1 of 7
16	16	HOUSE DOCKET, NO. 4584 FILED ON: 9/26/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 4112
18	18	By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 4112) of
19	19	Tommy Vitolo (by vote of the town) for legislation to authorize ranked choice voting in the town
20	20	of Brookline. Election Laws. [Local Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act authorizing ranked choice voting in the town of Brookline.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. RANKED CHOICE VOTING
30	30	2 (a) For the purposes of this section, the following terms shall have the following
31	31	3meanings, unless the context clearly requires otherwise:
32	32	4 “Batch elimination” is the simultaneous defeat of multiple candidates for whom it is
33	33	5mathematically impossible to be elected.
34	34	6 "Concluded ballot," a ballot that does not rank any continuing candidate or contains an
35	35	7overvote at the highest-ranked continuing candidate, or contains 2 or more sequential skipped
36	36	8rankings before its highest-ranked continuing candidate.
37	37	9 "Continuing candidate," a candidate who has not been defeated or elected.
38	38	10 “Election threshold,” the number of votes sufficient for a candidate to be elected in a
39	39	11multi-seat election. It is calculated by dividing the total number of votes counting for continuing 2 of 7
40	40	12candidates in the first round by the sum of the number of seats to be elected and 1, disregarding
41	41	13any fractions, and then adding 1.
42	42	14 "Highest-ranked continuing candidate," the continuing candidate with the highest ranking
43	43	15on a voter's ballot.
44	44	16 "Last-place candidate," (i) the candidate with the lowest vote total in a round of the
45	45	17ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination.
46	46	18 "Overvote," a circumstance in which a voter ranks more than 1 candidate at the same
47	47	19ranking.
48	48	20 “Ranked choice voting,” a method of casting and tabulating ballots in which voters rank
49	49	21candidates for office in order of preference.
50	50	22 "Ranking" means the number assigned on a ballot by a voter to a candidate to express the
51	51	23voter's relative preference for that candidate. Ranking number 1 shall be the highest ranking,
52	52	24ranking number 2 shall be the next-highest ranking, and so on.
53	53	25 “Skipped ranking”, a circumstance in which a voter does not use a ranking and ranks a
54	54	26candidate with a subsequent ranking.
55	55	27 “Surplus fraction,” the number equal to the difference between an elected candidate’s
56	56	28vote total and the election threshold, divided by the candidate’s vote total.
57	57	29 “Transfer value,” the proportion of a vote that a ballot will count to its highest-ranked
58	58	30continuing candidate. Each ballot shall begin with a transfer value of 1. If a ballot counts to the
59	59	31election of a candidate under subsection (d)(1), the ballot receives a lower transfer value. 3 of 7
60	60	32 (b) All town-wide offices shall be elected by ranked choice voting at the annual election,
61	61	33and in any special election called pursuant to MGL Chapter 41 Section 10.
62	62	34 Ranked choice voting shall apply to a single-seat office only when the number of
63	63	35candidates printed on the ballot exceeds 2 and to a multi-seat office only when the number of
64	64	36candidates printed on the ballot exceeds the number of seats to be elected.
65	65	37 (c) In any single-seat election, each round shall begin by counting the number of votes
66	66	38for each continuing candidate. Each ballot shall count as 1 vote for its highest-ranked continuing
67	67	39candidate. Concluded ballots shall not be counted for any continuing candidate. Each round shall
68	68	40proceed sequentially as follows:
69	69	41 (1) If there are 2 or fewer continuing candidates, the candidate with the most votes shall
70	70	42be elected, and tabulation shall be complete.
71	71	43 (2) If there are more than 2 continuing candidates, the last-place candidate shall be
72	72	44defeated, or the last-place candidates shall be defeated in batch elimination, and a new round
73	73	45shall begin.
74	74	46 (d) In any multi-seat election, each round shall begin by counting the number of votes for
75	75	47each continuing candidate. Each ballot shall count, at its current transfer value, for its highest-
76	76	48ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In
77	77	49the first round only, the election threshold shall then be calculated. Each round shall proceed
78	78	50sequentially as follows: 4 of 7
79	79	51 (1) If the sum of the number of elected candidates and continuing candidates is equal to
80	80	52the number of seats to be filled, then all continuing candidates shall be elected, and tabulation
81	81	53shall be complete.
82	82	54 (2) If at least 1 continuing candidate has greater than or equal to the number of votes than
83	83	55the election threshold, then all such candidates shall be elected. If the number of elected
84	84	56candidates is equal to the number of seats to be filled, then tabulation shall be complete.
85	85	57Otherwise, each ballot counting for an elected candidate shall be assigned a new transfer value
86	86	58by multiplying the ballot’s current transfer value by the surplus fraction for the candidate. Each
87	87	59elected candidate shall be deemed to have a number of votes equal to the election threshold in all
88	88	60future rounds, and a new round shall begin.
89	89	61 (3) Otherwise, the last-place candidate shall be defeated, or the last-place candidates shall
90	90	62be defeated in batch elimination, and a new round shall begin.
91	91	63 (e) Batch elimination shall apply to the largest possible group of continuing candidates
92	92	64such that the sum of the votes of candidates in the group is less than the individual number of
93	93	65votes of every continuing candidate not in the group, and provided that the number of continuing
94	94	66candidates not in the group is at least 1 more than the remaining number of positions to elect.
95	95	67 (f) Prior to the first election conducted using Ranked Choice Voting, the Town Clerk,
96	96	68subject to approval by the Board of Registrars, will establish a method of tiebreaking that will be
97	97	69used if 2 or more last-place candidates are tied and batch elimination does not apply. The results
98	98	70of any such tiebreaking events must be recorded and reused in the event of a recount. The
99	99	71method for tiebreaking may be amended from time to time, but shall not be amended during the
100	100	72course of an election, including any and all recounts. 5 of 7
101	101	73 (g) When a skipped ranking or repeat candidate ranking is encountered on a ballot, that
102	102	74vote shall count towards the highest continuing ranking. In the case of an overvote involving two
103	103	75or more continuing candidates, the overvote candidates and all subsequently ranked candidates
104	104	76will be disregarded. If any vote cannot be advanced because no further continuing candidates are
105	105	77ranked on that ballot, that ballot shall be declared concluded for that contest.
106	106	78 (h) As used in section 4 of chapter 43A, the "order of votes received" by candidates in a
107	107	79ranked choice voting election shall mean the order in which candidates are elected. If multiple
108	108	80candidates are elected in the same round, the respective order of elected candidates in that round
109	109	81shall mean the order of votes received by those candidates at the end of the round.
110	110	82 (i) The Town Clerk, subject to approval by the Board of Registrars, may make any
111	111	83changes to the ranked choice voting ballot and tabulation process necessary to ensure the
112	112	84integrity and smooth functioning of the election, provided that ranked choice voting shall still be
113	113	85used and the fewest number of changes are made to achieve such purpose.
114	114	86 (j) In any election conducted using Ranked-Choice Voting the Town Clerk shall publish
115	115	87election results that show the tabulations by rounds, along with any additional information that
116	116	88may be required by the Town bylaws.
117	117	89 (k) The Town Clerk shall provide educational materials to voters subject to any
118	118	90applicable Town bylaws.
119	119	91 SECTION 2.
120	120	92 Notwithstanding the provisions of applicable provisions of chapters 53 and 54 of the
121	121	93general laws, Ranked-choice voting ballots for use in the Town of Brookline municipal elections 6 of 7
122	122	94shall be prepared according to a format meeting the below requirements and otherwise consistent
123	123	95with state law.
124	124	96 a) To the extent possible, a ranked choice voting ballot shall allow voters to rank as many
125	125	97choices as there are candidates printed on the ballot. If the voting equipment is unable to
126	126	98reasonably accommodate a number of rankings on the ballot equal to the number of candidates,
127	127	99the Board of Registrars of Voters may limit the number of choices a voter may rank to the
128	128	100maximum number allowed by the voting equipment. A ranked choice voting ballot shall not
129	129	101interfere with a voter’s ability to rank at least 1 write-in candidate.
130	130	102 b) The ballot must indicate the number of seats to be filled for each contest.
131	131	103 c) For each election where Ranked Choice Voting is used and the number of candidates
132	132	104exceeds two, the Board of Registrars shall randomly draw lots prior to the printing of ballots so
133	133	105as to determine the order in which the names of candidates shall appear on the ballot. To the
134	134	106name of a candidate for Town office who is an elected incumbent thereof shall be added the
135	135	107words ‘Candidate for Reelection’.
136	136	108 d) The ballot must comply with all otherwise applicable provisions of the General Laws
137	137	109and the regulations promulgated thereunder.
138	138	110 SECTION 3. If any part of this Act is declared unconstitutional by a court of competent
139	139	111jurisdiction, the remaining parts shall survive in full force and effect. If a conflict arises between
140	140	112this Act and any other provision of law, the policies and purposes of this Act shall govern.
141	141	113 SECTION 4. Not sooner than four years after acceptance of this act, a proposal to resume
142	142	114or discontinue the use of Ranked Choice Voting may be put on the Warrant for Town Meeting 7 of 7
143	143	115by a petition signed by at least ten registered voters of Brookline. In the alternative, not sooner
144	144	116than four years after acceptance of this act, the question may be so placed on said ballot when a
145	145	117petition signed by at least ten per cent of the registered voters of Brookline requesting such
146	146	118action is filed with the registrars, who shall have seven days after receipt of such a petition to
147	147	119certify the signatures. Upon passage in Town Meeting or upon certification of the signatures, the
148	148	120Town Clerk shall cause the question to be placed on the ballot at the next regular municipal
149	149	121election held more than thirty-five days after such passage or certification. Upon the defeat by
150	150	122the voters of the above described ballot question, another proposal to resume or discontinue the
151	151	123use of Ranked Choice Voting may not be placed on the ballot for four years thereafter. Not
152	152	124sooner than four years after a successful vote to discontinue the use of Ranked Choice Voting,
153	153	125the procedures in this section may be used to resume the use of Ranked Choice Voting.
154	154	126 SECTION 5. This act shall be submitted for acceptance by the voters of the town of
155	155	127Brookline at the next regular municipal or state election following the effective date of this act;
156	156	128provided, however, that if the deadline to put a question on the ballot for the next regular
157	157	129municipal or state election has passed, the question shall be placed on the ballot for the following
158	158	130regular municipal or state election. This act shall be submitted for acceptance in the form of the
159	159	131following question: