Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H809 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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HOUSE DOCKET, NO. 966       FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 809
The Commonwealth of Massachusetts
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PRESENTED BY:
Michelle L. Ciccolo
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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 establishing ranked choice voting for certain offices in the town of Lexington.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/14/2025 1 of 7
HOUSE DOCKET, NO. 966       FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 809
By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 809) of 
Michelle L. Ciccolo (by vote of the town) that the town of Lexington be authorized to establish 
ranked choice voting for certain offices in said town. Election Laws. [Local Approval 
Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4223 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act establishing ranked choice voting for certain offices in the town of Lexington.
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. Effectiveness of this Act
2 This act shall take effect upon its passage, and elections for the Town offices described 
3herein shall take place in accordance with this Act on or after January 1, 2025. The provisions of 
4this Act shall supersede all inconsistent provisions of Chapter 753 of the Acts of 1968, as 
5amended as of January 1, 2025.
6 SECTION 2. Definitions 2 of 7
7 Chapter 753 of the Acts of 1968, as amended by Chapter 284 of the Acts of 1976, 
8Chapter 120 of the Acts of 1985, Chapter 117 of the Acts of 2019, and Chapter 3 of the Acts of 
92020 is hereby amended by inserting Sections 1A and 1B as follows:
10 Section 1A
11 The terms below shall have the following meanings for the purposes of Sections 1A and 
121B:
13 “Batch elimination,” the simultaneous defeat of multiple candidates, as provided in 
14Section 1B(d).
15 “Concluded ballot,” a ballot that does not rank any continuing candidate or that contains 
16an overvote at the highest-ranked continuing candidate.
17 “Continuing candidate,” a candidate who has not been defeated or elected.
18 “Elected candidate,” a candidate who has obtained sufficient votes to be elected, whether 
19there are additional election rounds before the election has concluded, or the election concluded 
20after the vote during which they were elected.
21 “Election threshold,” the number of votes sufficient for a candidate to be elected in a 
22multi-seat election. It
23 is calculated by dividing the total number of votes counting for continuing candidates in 
24the first round by the sum of the number of seats to be elected plus one, disregarding any 
25fractions, and then adding one. 3 of 7
26 “Highest-ranked continuing candidate,” the continuing candidate with the highest ranking 
27on a voter's ballot.
28 “Last-place candidate,” (i) the candidate with the lowest vote total in a round of the 
29ranked- choice voting tabulation; or (ii) a candidate that is defeated in batch elimination.
30 “Overvote,” a circumstance in which a voter ranks more than one candidate at the same 
31ranking. “Plurality voting,” the voting system in which the candidate receiving the most votes is 
32declared the winner, even if such candidate does not receive a majority of the votes cast in the 
33election.
34 “Ranked choice voting,” a method of casting and tabulating ballots in which voters rank 
35candidates for office in order of preference.
36 “Ranking,” means the number assigned on a ballot by a voter to a candidate to express 
37the voter's preference for that candidate. Ranking number one shall be the highest ranking, 
38ranking number two shall be the next-highest ranking, and so on.
39 “Skipped ranking,” a circumstance in which a vote does not use a ranking and ranks a 
40candidate with a subsequent ranking (e.g., a voter casts their votes as follows: (1) Jane Doe; (2) 
41Michael Smith; (4) Mary Johnson).
42 “Surplus fraction,” the number equal to the difference between an elected candidate’s 
43vote total and the election threshold, divided by the candidate’s vote total.
44 “Transfer value,” the proportion of a vote that a ballot will count to its highest-ranked 
45continuing candidate. Each ballot shall begin with a transfer value of one. If a ballot counts to the 
46election of a candidate under subsection 1B(d)(1), it receives a lower transfer value. 4 of 7
47 Section 1B
48 (a) Notwithstanding the provisions of Section 1, or any other special or general law to the 
49contrary, on or after January 1, 2025, the following town offices shall be elected by ranked 
50choice voting, except for (1) a single-seat office when the number of certified candidates is less 
51than or equal to two, or (2) a multi-seat office when the number of certified candidates is less 
52than or equal to the number of seats to be elected, provided that this Section 1B shall not affect 
53the term of office of any such elected official or elected member of such board, committee or 
54authority elected on or before December 31, 2024.
55 (1) moderator;
56 (2) select board;
57 (3) school committee;
58 (4) Lexington housing authority; and
59 (5) planning board.
60 (b) In any single-seat election, each round shall begin by counting the number of votes 
61for each continuing candidate. Each ballot shall count as one vote for its highest-ranked 
62continuing candidate. Concluded ballots shall not be counted for any continuing candidate. Each 
63round shall end with one of the following two outcomes:
64 (1) If there are more than two continuing candidates, no candidate may win the seat 
65outright by a 5 of 7
66 plurality or majority vote and instead, after a vote, (i) the last-place candidate shall be 
67defeated; or (ii) the last-place candidates shall be defeated in batch elimination, and a new round 
68shall begin; or
69 (2) If there are two continuing candidates, the candidate with the fewest votes shall be 
70defeated, the candidate with the most votes shall be elected, and tabulation shall be complete.
71 (c) In any multi-seat election, each round shall begin by counting the number of votes for 
72each continuing candidate. Each ballot shall count, at its current transfer value, for its highest-
73ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In 
74the first round only, the election threshold shall then be calculated. Each round shall proceed as 
75follows:
76 (1) Any continuing candidate who meets or exceeds the election threshold shall be 
77elected. Each ballot counting for an elected candidate shall be assigned a new transfer value by 
78multiplying the ballot’s current transfer value by the surplus fraction for the candidate. Each 
79elected candidate shall be deemed to have a number of votes equal to the election threshold in all 
80future rounds, and a new round shall begin; each candidate having exceeded the Election 
81Threshold in the initial ballot shall be removed or listed as “ELECTED” on all subsequent 
82ballots for continuing candidates until the election is complete;
83 (2) If no continuing candidate has more votes than the election threshold and the sum of 
84the number of elected candidates and continuing candidates is more than the sum of the number 
85of seats to be elected plus one, the last-place candidate shall be defeated or the last-place 
86candidates shall be defeated in batch elimination, and a new round shall begin; or 6 of 7
87 (3) If no continuing candidate has more votes than the election threshold and the sum of 
88the number of elected candidates and continuing candidates is equal to the sum of the number of 
89seats to be elected plus one, the continuing candidate with fewest votes shall be defeated, all 
90other continuing candidates shall be elected, and the election is complete.
91 (d) Batch elimination shall apply to the largest possible group of continuing candidates 
92such that the sum of the votes for batch-eliminated candidates is less than the individual number 
93of votes for every continuing candidate not in the group; provided that the number of continuing 
94candidates not batch-eliminated is at least one more than the remaining number of positions to 
95elect.
96 (e) Ties shall be resolved as follows:
97 (1) If two or more last-place candidates are tied and batch elimination applies, each tied 
98candidate to whom batch elimination applies shall be defeated accordingly.
99 (2) If two or more continuing candidates are tied but are not in last place, the order of 
100said tied continuing candidates shall be determined by the number of votes received by each tied 
101candidate in the prior round; or
102 (3) If two or more last-place continuing candidates are tied and batch elimination does 
103not apply, the continuing candidate with the fewest votes in the prior round shall be defeated. If 
104two or more continuing candidates were also tied in the prior round (i.e., two continuing 
105candidates were tied in the previous round, but batch elimination did not then apply), the 
106continuing candidate with the fewest votes in the next-prior round shall be eliminated. If two 
107last-place continuing candidates are tied at the end of the first round and batch elimination does 
108not apply, then the two tied continuing candidates shall have a run-off before the next round. The  7 of 7
109continuing candidate with fewer votes in the runoff will be defeated, and any remaining rounds 
110in the election will proceed according to this Section 1B. This process shall be applied 
111successively as many times as necessary, a tie shown in any prior round shall be decided by 
112referring to the standing of the candidates in the round immediately preceding the tie.
113 (f) The Town Clerk may, at the Town Clerk’s discretion, publish guidance or rules on the 
114administration of elections conducted according to this Act; provided that any such guidance or 
115rules shall be limited to logistical, accessibility, or other similar guidance or rules that are purely 
116administrative in nature; and provided further that any guidance or rules hereunder published 
117shall be limited to ensuring the integrity and efficient functioning of the election.
118 (g) In any election conducted in accordance with the provisions of this Section 1A and 
119Section 1B, the Town Clerk shall publish election results that show the tabulations by round, 
120along with any additional information that may be required by applicable law.