Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H664 Compare Versions

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22 HOUSE DOCKET, NO. 293 FILED ON: 1/11/2023
33 HOUSE . . . . . . . . . . . . . . . No. 664
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Simon Cataldo and Carmine Lawrence Gentile
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to ranked choice voting in the town of Concord.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/11/2023Carmine Lawrence Gentile13th Middlesex1/11/2023Michael J. BarrettThird Middlesex1/27/2023 1 of 5
1616 HOUSE DOCKET, NO. 293 FILED ON: 1/11/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 664
1818 By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill,
1919 House, No. 664) of Simon Cataldo, Carmine Lawrence Gentile and Michael J. Barrett (by vote
2020 of the town) relative to ranked choice voting in the town of Concord. Election Laws. [Local
2121 Approval Received.]
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 5293 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act relative to ranked choice voting in the town of Concord.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1.
3333 2 RANKED CHOICE VOTING
3434 3 (a) The terms below shall have the following meanings in this section.
3535 4 “Batch elimination,” is the simultaneous defeat of multiple candidates for whom it is
3636 5mathematically impossible to be elected.
3737 6 "Concluded ballot," a ballot that does not rank any continuing candidate or contains an
3838 7overvote at the highest-ranked continuing candidate.
3939 8 "Continuing candidate," a candidate who has not been defeated or elected. 2 of 5
4040 9 “Election threshold,” the number of votes sufficient for a candidate to be elected in a
4141 10multi-seat election. It is calculated by dividing the total number of votes counting for continuing
4242 11candidates in the first round by the sum of the number of seats to be elected and 1, disregarding
4343 12any fractions, and then adding 1.
4444 13 "Highest-ranked continuing candidate," the continuing candidate with the highest ranking
4545 14on a voter's ballot. Where a ballot omits one or more rankings, the next highest ranking shall be
4646 15used for determining the highest-ranked continuing candidate.
4747 16 “Plurality voting,” the voting system in which the candidate receiving the most votes is
4848 17declared the winner, even if such candidate does not receive a majority of the votes cast in the
4949 18election.
5050 19 “Ranked choice voting,” a method of casting and tabulating ballots in which voters rank
5151 20candidates for office in order of preference.
5252 21 "Last-place candidate," (i) the candidate with the lowest vote total in a round of the
5353 22ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination.
5454 23 "Overvote," a circumstance in which a voter ranks more than 1 candidate at the same
5555 24ranking.
5656 25 "Ranking," means the number or the numeric ranking assigned on a ballot by a voter to a
5757 26candidate to express the voter's preference for that candidate. Ranking number 1 shall be the
5858 27highest ranking, ranking number 2 shall be the next-highest ranking, and so on.
5959 28 “Surplus fraction,” the number equal to the difference between an elected candidate’s
6060 29vote total and the election threshold, divided by the candidate’s vote total. 3 of 5
6161 30 “Transfer value,” the proportion of a vote that a ballot will count to its highest-ranked
6262 31continuing candidate. Each ballot shall begin with a transfer value of 1. If a ballot counts to the
6363 32election of a candidate under subsection (d), it receives a lower transfer value.
6464 33 (b) All town offices shall be elected by ranked choice voting, except for a single-seat
6565 34office when the number of certified candidates is less than or equal to 2, or a multi-seat office
6666 35when the number of certified candidates is less than or equal to the number of seats to be elected.
6767 36Plurality voting shall be used when ranked choice voting cannot be conducted. Ranked choice
6868 37voting elections shall be tabulated in rounds pursuant to this section.
6969 38 (c) In any single-seat election with ranked choice voting, each round shall begin by
7070 39counting the number of votes for each continuing candidate. Each ballot shall count as 1 vote for
7171 40its highest-ranked continuing candidate. Concluded ballots shall not be counted for any
7272 41continuing candidate. If no candidate receives a majority of the first-choice votes cast, an instant
7373 42runoff shall be conducted. In each round of the instant runoff, the vote on each continuing ballot
7474 43for each continuing candidate shall be counted. Each continuing ballot shall count as one vote
7575 44for the highest-ranked continuing candidate on that continuing ballot. Each round shall end with
7676 451 of the following 2 outcomes:
7777 46 (1) If there are more than 2 continuing candidates, the last-place candidate shall be
7878 47defeated or the last-place candidates shall be defeated in batch elimination and a new round shall
7979 48begin; or
8080 49 (2) If there are 2 continuing candidates, the candidate with the fewest votes shall be
8181 50defeated, the candidate with the most votes shall be elected, and tabulation shall be complete. 4 of 5
8282 51 (d) In any multi-seat election with ranked choice voting, each round shall begin by
8383 52counting the number of votes for each continuing candidate. Each ballot shall count for its
8484 53highest-ranked continuing candidate. Concluded ballots shall not count for any continuing
8585 54candidate. In the first round only, the election threshold shall then be calculated. If no candidate
8686 55reaches the election threshold, an instant runoff shall be conducted. In each round of the instant
8787 56runoff, the vote on each continuing ballot for each continuing candidate shall be counted at its
8888 57current transfer value. Each continuing ballot shall count as one vote for the highest-ranked
8989 58continuing candidate on that continuing ballot. Each round shall end with 1 of the following 3
9090 59outcomes:
9191 60 (1) If at least 1 continuing candidate has more votes than the election threshold, then all
9292 61such candidates shall be elected. Each ballot counting for an elected candidate shall be assigned a
9393 62new transfer value by multiplying the ballot’s current transfer value by the surplus fraction for
9494 63the candidate. Each elected candidate shall be deemed to have a number of votes equal to the
9595 64election threshold in all future rounds. If the number of elected candidates is equal to the number
9696 65of seats to be filled then tabulation is complete. Otherwise, a new round shall begin;
9797 66 (2) If no continuing candidate has more votes than the election threshold and the sum of
9898 67the number of elected candidates and continuing candidates is more than the sum of the number
9999 68of seats to be elected and 1, the last-place candidate shall be defeated or the last-place candidates
100100 69shall be defeated in batch elimination, and a new round shall begin; or
101101 70 (3) Otherwise, the continuing candidate with fewest votes shall be defeated, all other
102102 71continuing candidates shall be elected, and tabulation is complete. 5 of 5
103103 72 (e) Batch elimination shall apply to the largest possible group of continuing candidates
104104 73such that the sum of the votes of candidates in the group is less than the individual number of
105105 74votes of every continuing candidate not in the group, and provided that the number of continuing
106106 75candidates not in the group is at least 1 more than the remaining number of positions to elect.
107107 76 (f) If there is a tie between the continuing candidates receiving the fewest votes in any
108108 77round other than the first round, the candidate with the fewest votes in the prior round shall be
109109 78defeated. If the continuing candidates remain tied, this process shall be repeated using the votes
110110 79from the next closest previous round, until either one continuing candidate has fewer votes or
111111 80there are no more previous rounds to examine.
112112 81 (g) The Town Clerk may make any changes to the ranked choice voting ballot and
113113 82tabulation process necessary to ensure the integrity and smooth functioning of the election,
114114 83provided that ranked choice voting shall still be used and the fewest number of changes are made
115115 84to achieve such purpose.
116116 85 SECTION 2. This act shall take effect upon its passage, with the provision there are at
117117 86least 64 days till the next election, to allow for proper implementation.