Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4034 Compare Versions

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2	2	HOUSE DOCKET, NO. 4570 FILED ON: 4/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 4034
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 Norfolk4/14/2025 1 of 7
16	16	HOUSE DOCKET, NO. 4570 FILED ON: 4/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 4034
18	18	By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 4034) 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	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 4112 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act authorizing ranked choice voting in the town of Brookline.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. RANKED CHOICE VOTING
32	32	2 (a) For the purposes of this section, the following terms shall have the following
33	33	3meanings, unless the context clearly requires otherwise:
34	34	4 “Batch elimination” is the simultaneous defeat of multiple candidates for whom it is
35	35	5mathematically impossible to be elected.
36	36	6 "Concluded ballot," a ballot that does not rank any continuing candidate or contains an
37	37	7overvote at the highest-ranked continuing candidate, or contains 2 or more sequential skipped
38	38	8rankings before its highest-ranked continuing candidate.
39	39	9 "Continuing candidate," a candidate who has not been defeated or elected. 2 of 7
40	40	10 “Election threshold,” the number of votes sufficient for a candidate to be elected in a
41	41	11multi-seat election. It is calculated by dividing the total number of votes counting for continuing
42	42	12candidates in the first round by the sum of the number of seats to be elected and 1, disregarding
43	43	13any fractions, and then adding 1.
44	44	14 "Highest-ranked continuing candidate," the continuing candidate with the highest ranking
45	45	15on a voter's ballot.
46	46	16 "Last-place candidate," (i) the candidate with the lowest vote total in a round of the
47	47	17ranked-choice voting tabulation; or (ii) a candidate that is defeated in batch elimination.
48	48	18 "Overvote," a circumstance in which a voter ranks more than 1 candidate at the same
49	49	19ranking.
50	50	20 “Ranked choice voting,” a method of casting and tabulating ballots in which voters rank
51	51	21candidates for office in order of preference.
52	52	22 "Ranking" means the number assigned on a ballot by a voter to a candidate to express the
53	53	23voter's relative preference for that candidate. Ranking number 1 shall be the highest ranking,
54	54	24ranking number 2 shall be the next-highest ranking, and so on.
55	55	25 “Skipped ranking”, a circumstance in which a voter does not use a ranking and ranks a
56	56	26candidate with a subsequent ranking.
57	57	27 “Surplus fraction,” the number equal to the difference between an elected candidate’s
58	58	28vote total and the election threshold, divided by the candidate’s vote total. 3 of 7
59	59	29 “Transfer value,” the proportion of a vote that a ballot will count to its highest-ranked
60	60	30continuing candidate. Each ballot shall begin with a transfer value of 1. If a ballot counts to the
61	61	31election of a candidate under subsection (d)(1), the ballot receives a lower transfer value.
62	62	32 (b) All town-wide offices shall be elected by ranked choice voting at the annual election,
63	63	33and in any special election called pursuant to MGL Chapter 41 Section 10.
64	64	34 Ranked choice voting shall apply to a single-seat office only when the number of
65	65	35candidates printed on the ballot exceeds 2 and to a multi-seat office only when the number of
66	66	36candidates printed on the ballot exceeds the number of seats to be elected.
67	67	37 (c) In any single-seat election, each round shall begin by counting the number of votes
68	68	38for each continuing candidate. Each ballot shall count as 1 vote for its highest-ranked continuing
69	69	39candidate. Concluded ballots shall not be counted for any continuing candidate. Each round shall
70	70	40proceed sequentially as follows:
71	71	41 (1) If there are 2 or fewer continuing candidates, the candidate with the most votes shall
72	72	42be elected, and tabulation shall be complete.
73	73	43 (2) If there are more than 2 continuing candidates, the last-place candidate shall be
74	74	44defeated, or the last-place candidates shall be defeated in batch elimination, and a new round
75	75	45shall begin.
76	76	46 (d) In any multi-seat election, each round shall begin by counting the number of votes for
77	77	47each continuing candidate. Each ballot shall count, at its current transfer value, for its highest-
78	78	48ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In 4 of 7
79	79	49the first round only, the election threshold shall then be calculated. Each round shall proceed
80	80	50sequentially as follows:
81	81	51 (1) If the sum of the number of elected candidates and continuing candidates is equal to
82	82	52the number of seats to be filled, then all continuing candidates shall be elected, and tabulation
83	83	53shall be complete.
84	84	54 (2) If at least 1 continuing candidate has greater than or equal to the number of votes than
85	85	55the election threshold, then all such candidates shall be elected. If the number of elected
86	86	56candidates is equal to the number of seats to be filled, then tabulation shall be complete.
87	87	57Otherwise, each ballot counting for an elected candidate shall be assigned a new transfer value
88	88	58by multiplying the ballot’s current transfer value by the surplus fraction for the candidate. Each
89	89	59elected candidate shall be deemed to have a number of votes equal to the election threshold in all
90	90	60future rounds, and a new round shall begin.
91	91	61 (3) Otherwise, the last-place candidate shall be defeated, or the last-place candidates shall
92	92	62be defeated in batch elimination, and a new round shall begin.
93	93	63 (e) Batch elimination shall apply to the largest possible group of continuing candidates
94	94	64such that the sum of the votes of candidates in the group is less than the individual number of
95	95	65votes of every continuing candidate not in the group, and provided that the number of continuing
96	96	66candidates not in the group is at least 1 more than the remaining number of positions to elect.
97	97	67 (f) Prior to the first election conducted using Ranked Choice Voting, the Town Clerk,
98	98	68subject to approval by the Board of Registrars, will establish a method of tiebreaking that will be
99	99	69used if 2 or more last-place candidates are tied and batch elimination does not apply. The results
100	100	70of any such tiebreaking events must be recorded and reused in the event of a recount. The 5 of 7
101	101	71method for tiebreaking may be amended from time to time, but shall not be amended during the
102	102	72course of an election, including any and all recounts.
103	103	73 (g) When a skipped ranking or repeat candidate ranking is encountered on a ballot, that
104	104	74vote shall count towards the highest continuing ranking. In the case of an overvote involving two
105	105	75or more continuing candidates, the overvote candidates and all subsequently ranked candidates
106	106	76will be disregarded. If any vote cannot be advanced because no further continuing candidates are
107	107	77ranked on that ballot, that ballot shall be declared concluded for that contest.
108	108	78 (h) As used in section 4 of chapter 43A, the "order of votes received" by candidates in a
109	109	79ranked choice voting election shall mean the order in which candidates are elected. If multiple
110	110	80candidates are elected in the same round, the respective order of elected candidates in that round
111	111	81shall mean the order of votes received by those candidates at the end of the round.
112	112	82 (i) The Town Clerk, subject to approval by the Board of Registrars, may make any
113	113	83changes to the ranked choice voting ballot and tabulation process necessary to ensure the
114	114	84integrity and smooth functioning of the election, provided that ranked choice voting shall still be
115	115	85used and the fewest number of changes are made to achieve such purpose.
116	116	86 (j) In any election conducted using Ranked-Choice Voting the Town Clerk shall publish
117	117	87election results that show the tabulations by rounds, along with any additional information that
118	118	88may be required by the Town bylaws.
119	119	89 (k) The Town Clerk shall provide educational materials to voters subject to any
120	120	90applicable Town bylaws.
121	121	91 SECTION 2. 6 of 7
122	122	92 Notwithstanding the provisions of applicable provisions of chapters 53 and 54 of the
123	123	93general laws, Ranked-choice voting ballots for use in the Town of Brookline municipal elections
124	124	94shall be prepared according to a format meeting the below requirements and otherwise consistent
125	125	95with state law.
126	126	96 a) To the extent possible, a ranked choice voting ballot shall allow voters to rank as many
127	127	97choices as there are candidates printed on the ballot. If the voting equipment is unable to
128	128	98reasonably accommodate a number of rankings on the ballot equal to the number of candidates,
129	129	99the Board of Registrars of Voters may limit the number of choices a voter may rank to the
130	130	100maximum number allowed by the voting equipment. A ranked choice voting ballot shall not
131	131	101interfere with a voter’s ability to rank at least 1 write-in candidate.
132	132	102 b) The ballot must indicate the number of seats to be filled for each contest.
133	133	103 c) For each election where Ranked Choice Voting is used and the number of candidates
134	134	104exceeds two, the Board of Registrars shall randomly draw lots prior to the printing of ballots so
135	135	105as to determine the order in which the names of candidates shall appear on the ballot. To the
136	136	106name of a candidate for Town office who is an elected incumbent thereof shall be added the
137	137	107words ‘Candidate for Reelection’.
138	138	108 d) The ballot must comply with all otherwise applicable provisions of the General Laws
139	139	109and the regulations promulgated thereunder.
140	140	110 SECTION 3. If any part of this Act is declared unconstitutional by a court of competent
141	141	111jurisdiction, the remaining parts shall survive in full force and effect. If a conflict arises between
142	142	112this Act and any other provision of law, the policies and purposes of this Act shall govern. 7 of 7
143	143	113 SECTION 4. Not sooner than four years after acceptance of this act, a proposal to resume
144	144	114or discontinue the use of Ranked Choice Voting may be put on the Warrant for Town Meeting
145	145	115by a petition signed by at least ten registered voters of Brookline. In the alternative, not sooner
146	146	116than four years after acceptance of this act, the question may be so placed on said ballot when a
147	147	117petition signed by at least ten per cent of the registered voters of Brookline requesting such
148	148	118action is filed with the registrars, who shall have seven days after receipt of such a petition to
149	149	119certify the signatures. Upon passage in Town Meeting or upon certification of the signatures, the
150	150	120Town Clerk shall cause the question to be placed on the ballot at the next regular municipal
151	151	121election held more than thirty-five days after such passage or certification. Upon the defeat by
152	152	122the voters of the above described ballot question, another proposal to resume or discontinue the
153	153	123use of Ranked Choice Voting may not be placed on the ballot for four years thereafter. Not
154	154	124sooner than four years after a successful vote to discontinue the use of Ranked Choice Voting,
155	155	125the procedures in this section may be used to resume the use of Ranked Choice Voting.
156	156	126 SECTION 5. This act shall be submitted for acceptance by the voters of the town of
157	157	127Brookline at the next regular municipal or state election following the effective date of this act;
158	158	128provided, however, that if the deadline to put a question on the ballot for the next regular
159	159	129municipal or state election has passed, the question shall be placed on the ballot for the following
160	160	130regular municipal or state election. This act shall be submitted for acceptance in the form of the
161	161	131following question: