Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H714 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 52       FILED ON: 1/5/2023
HOUSE . . . . . . . . . . . . . . . No. 714
The Commonwealth of Massachusetts
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PRESENTED BY:
Lindsay N. Sabadosa and Joanne M. Comerford
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to ranked choice voting in the city of Northampton.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/4/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/5/2023 1 of 6
HOUSE DOCKET, NO. 52       FILED ON: 1/5/2023
HOUSE . . . . . . . . . . . . . . . No. 714
By Representative Sabadosa of Northampton and Senator Comerford, a joint petition 
(accompanied by bill, House, No. 714) of Lindsay N. Sabadosa and Joanne M. Comerford (with 
the approval of the mayor and city council) relative to ranked choice voting in the city of 
Northampton. Election Laws. [Local Approval Received.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to ranked choice voting in the city of Northampton.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 1 of chapter 277 of the acts of 2012, as amended by chapter 40 of 
2the acts of 2021, is hereby further amended by striking out article 8 and inserting in place thereof 
3the following article: 
4 ARTICLE 8 
5 ELECTIONS 
6 SECTION 8–1 REGULAR CITY ELECTION 
7 The regular city election shall be held on the first Tuesday following the first Monday in 
8November in each odd-numbered year. 
9 SECTION 8–2: BALLOT POSITION, REGULAR CITY ELECTION  2 of 6
10 The order in which names of candidates for each office appear on the ballot shall be 
11determined by a drawing, by lot, conducted by the city clerk on the fourth Tuesday in September 
12prior to the regular city election. In the event that there is no preliminary election in advance of a 
13special city election, the drawing shall be conducted on the sixth Tuesday prior to the special city 
14election. The drawing shall be open to the public. 
15 SECTION 8–3: NON–PARTISAN ELECTIONS 
16 All elections for city offices shall be non-partisan and election ballots shall be printed 
17without any party mark, emblem or other political designation. 
18 SECTION 8–4: WARDS 
19 The territory of the city shall be divided into 7 wards by the city clerk to consist of nearly 
20an equal number of inhabitants as it is possible to achieve based on compact and contiguous 
21territory, bounded as far as possible by the center line of known streets or ways or by other well-
22defined limits. Each ward shall be composed of voting precincts established under the General 
23Laws. The city council shall review these wards to ensure uniformity in the number of 
24inhabitants at least once every 10 years. 
25 SECTION 8–5: RANKED CHOICE VOTING 
26 (a) For the purposes of this section, the following terms shall have the following 
27meanings, unless the context clearly requires otherwise: 
28 "Batch elimination," is the simultaneous defeat of multiple candidates. 
29 "Concluded ballot," a ballot that does not rank any continuing candidate.  3 of 6
30 "Continuing candidate," a candidate who has not been defeated or elected. 
31 "Election threshold," the number of votes sufficient for a candidate to be elected in a 
32multi-seat election. It is calculated by dividing the total number of votes counting for the 
33continuing candidates in the first round by the sum of the number of seats to be elected and 1, 
34disregarding any fractions, and then adding 1. 
35 "Highest-ranked continuing candidate," the continuing candidate with the highest ranking 
36on a voter's ballot. Where a ballot omits 1 or more ranks, the next highest ranking shall be used 
37for determining the highest-ranked continuing candidate. 
38 "Ranked choice voting," a method of casting and tabulating ballots in which voters rank 
39candidates for office in order of preference. 
40 "Last-place candidate," (i) the candidate with the lowest vote total in a round of the 
41ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination. 
42 "Overvote," a circumstance in which a voter ranks more than 1 candidate at the same 
43ranking. 
44 "Ranking," means the number assigned on a ballot by a voter to a candidate to express 
45the voter's preference for that candidate. Ranking number 1 shall be the highest ranking, ranking 
46number 2 shall be the next-highest ranking, and so on. 
47 "Surplus fraction," 	the number equal to the difference between an elected candidate's vote 
48total and the election threshold, divided by the candidate's vote total.  4 of 6
49 "Transfer value," the proportion of the vote that a ballot will count to its highest-ranked 
50continuing candidate. Each ballot shall begin with a transfer value of 1. If a ballot counts to the 
51election of a candidate under subsection (d)(1), it receives a lower transfer value. 
52 (b) All city offices shall be elected by ranked choice voting. No candidate shall have the 
53words "candidate for reelection" printed next to that candidate's name on the election ballot. 
54Ranked choice voting elections shall be tabulated in rounds pursuant to this section. 
55 (c) In any single-seat election, each round shall begin by counting the number of votes for 
56each continuing candidate. Each ballot shall count as 1 vote for its highest-ranked continuing 
57candidate. Concluded ballots shall not be counted for any continuing candidate. Each round shall 
58end with 1 of the following 2 outcomes: 
59 (1) If there are more than 2 continuing candidates, the last-place candidate shall be 
60defeated or the last-place candidates shall be defeated in batch elimination, and a new round shall 
61begin; or 
62 (2) If there are 2 continuing candidates, the candidate with the fewest votes shall be 
63defeated, the candidate with the most votes shall be elected, and tabulation shall be complete. 
64 (d) In any multi-seat election, each round shall begin by counting the number of votes for 
65each continuing candidate. Each ballot shall count, at its current transfer value, for its highest-
66ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In 
67the first round only, the election threshold shall then be calculated. Each round shall end with 1 
68of the following 3 outcomes:  5 of 6
69 (1) If at least 1 candidate has more votes than the election threshold, then all such 
70candidates shall be elected. Each ballot counting for an elected candidate shall be assigned a new 
71transfer value by multiplying the ballot's current transfer value by the surplus fraction for the 
72candidate. Each elected candidate shall be deemed to have a number of votes equal to the 
73election threshold in all future rounds, and a new round shall begin; 
74 (2) If no candidate has more votes than the election threshold and the sum of the number 
75of elected candidates and continuing candidates is more than the sum of seats to be elected and 1, 
76the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch 
77elimination, and a new round shall begin; or 
78 (3) Otherwise, the continuing candidate with the fewest votes shall be defeated, all other 
79continuing candidates shall be elected, and tabulation is complete. 
80 (e) Batch elimination shall apply to the largest possible group of continuing candidates 
81such that the sum of the votes of candidates in the group is less than the individual number of 
82votes of every continuing candidate not in the group, and provided that the number of continuing 
83candidates not in the group is at least 1 more than the remaining number of positions to elect. 
84 (f) If 2 or more last-place candidates are tied and batch elimination does not apply, the 
85candidate with the fewest votes in the prior round shall be defeated. If 2 or more such tied 
86candidates were tied in the prior round, the second tie shall be decided by referring similarly to 
87the standing of the candidates, in terms of votes, in the second-prior round. This process shall be 
88applied successively as many times as necessary, a tie shown in any prior round shall be decided 
89by referring to the standing of the candidates in the round immediately preceding the tie.  6 of 6
90 (g) The city clerk, subject to the approval of the city council, shall establish and maintain 
91procedures for ranked choice voting ballot and tabulation processes necessary to ensure the 
92integrity and smooth functioning of the election, provided that ranked choice voting shall still be 
93used and the fewest number of changes are made to achieve such purpose. 
94 SECTION 8–6: APPLICATION OF STATE GENERAL LAWS 
95 Except as otherwise expressly provided in this charter and authorized by law, all city 
96elections shall be governed by the laws of the commonwealth relating to the right to vote, the 
97registration of voters, the nomination of candidates, voting places, the conduct of regular and 
98special city elections, the submission of charters, charter amendments and other propositions to 
99the voters, the counting of votes, the recounting of votes and the determination of results.  
100 SECTION 2. The following question shall be placed on the ballot to be used at a regular 
101state or municipal election or at special election called for the purpose of presenting the question 
102to the voters: Shall an act entitled "An Act Relative to Ranked Choice Voting in the City of 
103Northampton" be accepted? 
104 The city solicitor shall prepare the summary of the proposed amendment to the special act 
105charter of the city of Northampton, which shall appear on the ballot along with the question 
106provided in this section. 
107 If a majority of votes cast in answer to the question is in the affirmative, the city shall be 
108taken to have accepted the amendment to the charter of the city of Northampton, but not 
109otherwise.