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SENATE DOCKET, NO. 1566 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 413
The Commonwealth of Massachusetts
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PRESENTED BY:
Lydia Edwards
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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 requiring rank choice voting for Senate special elections.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Lydia EdwardsThird Suffolk 1 of 3
SENATE DOCKET, NO. 1566 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 413
By Ms. Edwards, a petition (accompanied by bill, Senate, No. 413) of Lydia Edwards for
legislation to require rank choice voting for Senate special elections. Election Laws.
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 requiring rank choice voting for Senate special elections.
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. Chapter 54 of the General Laws is hereby amended by inserting after
2section 141 the following section:-
3 Section 141A. (a) Upon a vacancy, by unforeseen reasons, in the office of senator in the
4general court, resulting from a senator’s resignation, removal, appointment to a federal or state
5office, death or permanent incapacitation, the senate president shall issue precepts to the
6legislative bodies for the municipalities comprising the senator’s district, appointing such time as
7the senate may order for a special election to fill the vacancy; provided, that the senate president
8shall issue notice of the date of the special election within 5 days after the vacancy occurs; and
9provided further, that for purposes of this section, the term “special election” shall mean an
10election scheduled outside of the usual election cycle to fill a senate office that has become
11vacant before the incumbent has finished the term. This excludes vacancies that occur in
12accordance with Senate Rule 5C. A senator elected to fill a vacancy under this section shall hold
13the office for the remainder of the unexpired term. 2 of 3
14 (b) All special elections under this section in which there are not less than 2 persons
15seeking to fill a vacancy shall use ranked choice voting for determining the person receiving the
16highest number of votes; provided, that for purposes of this section, the term “ranked choice
17voting” shall mean the method of voting providing voters the ability to rank candidates in order
18of preference by indicating a first, second and later choice.
19 (c) Pursuant to ranked choice voting under this section, tabulation of votes must proceed
20in rounds. In each round, the number of active preferences for each candidate that has not been
21defeated must be counted. Each ballot, which ranks a candidate that has not been defeated, does
22not contain votes ranking more than 1 candidate at the highest ranking and does not contain not
23less than 2 sequential blank rankings before the highest ranking, counts as 1 active preference for
24its highest-ranked candidate for that round; provided, however, that ballots that do not rank any
25candidate that has not been defeated, rank more than 1 candidate at the highest ranking or
26contain not less than 2 sequential blank rankings before the highest ranking will not be counted.
27 The candidate that receives a majority of the votes shall be declared elected; provided,
28however, that if no candidate receives a majority of the votes, and there are more than 2
29candidates that have not been defeated, the last-place candidate, or candidates, is defeated and a
30new round begins, reallocating all original votes for the eliminated candidate, or candidates, in
31the prior round to the candidate that was identified as the highest-ranked preference of the
32candidates remaining; provided further, that this process will continue until 1 candidate receives
33a majority of votes and is declared elected.
34 (d) If not less than 2 candidates are tied for last place, the last-place candidate who was
35credited with the fewest active preferences in the prior round shall be declared defeated. If not 3 of 3
36less than 2 candidates that are tied for last place were also tied in the prior round, the last-place
37candidate who was credited with the fewest active preferences in the second-prior round. This
38principle shall be applied successively as many times as may be necessary, a tie shown in any
39prior round being decided by referring to the standing of the tied candidates in the round
40immediately preceding the round in which the tie exists. Any tie not otherwise provided for shall
41be decided by lot.
42 (e) Where a vacancy in the office of senator in the general court under this section results
43without valid justification as determined by the Senate President and could have been avoided
44until the end of their term, the person vacating said office shall contribute to the funding of the
45special election to fill said vacancy; provided, however, that a person will not be obligated to
46contribute to the funding of a special election under this subsection based on extenuating
47circumstances, such as declining health or family obligations, as determined on a case-by-case
48basis.