STATE OF NEW YORK ________________________________________________________________________ 8830 IN ASSEMBLY January 18, 2024 ___________ Introduced by M. of A. KELLES -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to establishing a ranked choice voting method for certain local elections; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The current system of voting often 2 results in the election of a candidate that does not have the majority 3 support of the electorate when there are three or more candidates 4 running for an elective office. Further, where there are three or more 5 candidates for an elective office, voters often will not vote for their 6 preferred candidate to avoid "wasting" their vote on a "spoiler" candi- 7 date. Rather, they will vote against a candidate they dislike, by voting 8 for a leading candidate that they perceive as the lesser of two evils. 9 The result of the current system in multi-candidate races can be the 10 election of candidates that lack majority support. 11 The ranked choice voting method provides for the majority election for 12 elective offices. Ranked choice voting gives voters the option to rank 13 candidates according to the order of their choice. If no candidate 14 obtains a majority of first-choice votes, then the candidate receiving 15 the fewest first-choice votes is eliminated. Each vote cast for the 16 eliminated candidate shall be transferred to the candidate who was the 17 voter's next choice on the ballot. The process is continued until a 18 candidate receives a majority of votes. 19 There are several potential benefits to the ranked choice voting meth- 20 od. First, voters are free to mark their ballot for the candidate they 21 truly prefer without fear that their choice will help elect their least 22 preferred candidate. Second, it insures that the elected candidate has 23 true majority support. In addition, the ranked choice voting method will 24 (1) promote higher voter turnout, and (2) encourage positive campaign- 25 ing, since candidates will seek second-choice and third-choice votes 26 from voters and will therefore be less likely to attack other candidates 27 and alienate voters that support other candidates as their first choice. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05089-01-3
A. 8830 2 1 In situations where runoffs are already required, it will eliminate the 2 need for a second runoff election, with its increased costs and lower 3 voter turnout. 4 The ranked choice voting method has been the subject of increasing 5 interest across the nation. It has already been adopted by local refer- 6 enda in California, Vermont, and Massachusetts. It is under consider- 7 ation in many other states. 8 It is the purpose of this act to permit the use of the ranked choice 9 voting method on a trial basis in certain local elections at the option 10 of local governments in the years 2026 and 2027. This pilot program 11 would permit the state legislature to evaluate the broader application 12 of the ranked choice voting method to elections in New York state. 13 § 2. The election law is amended by adding a new article 18 to read as 14 follows: 15 ARTICLE 18 16 RANKED CHOICE VOTING METHOD 17 Section 18-100. Definitions. 18 18-102. Ranked choice voting method authorized in certain cases. 19 18-104. Ranked choice voting method; ballots. 20 18-106. Ranked choice voting method; procedures. 21 18-108. Voter education. 22 18-110. Construction. 23 § 18-100. Definitions. 1. "Ranked choice voting method" shall mean a 24 method of casting and tabulating votes that simulates the ballot counts 25 that would occur if all voters participated in a series of runoff 26 elections, whereby the voters rank candidates according to the order of 27 their choice and, if no candidate has received a majority of votes cast, 28 then the candidate with the fewest first choice votes is eliminated and 29 the remaining candidates advance to another counting round. In every 30 round, each ballot is counted as one vote for the highest ranked advanc- 31 ing candidate. 32 2. "Local government" shall mean a county, city, town, village, or 33 school district. 34 § 18-102. Ranked choice voting method authorized in certain cases. 1. 35 For elections to be held in the years two thousand twenty-six and two 36 thousand twenty-seven, local governments are hereby authorized to 37 conduct elections utilizing the ranked choice voting method for the 38 following elections: (a) member of the board of education in the case of 39 a school district, (b) county executive and county legislator in the 40 case of a county, (c) mayor, member of city council, public advocate, 41 comptroller, and borough president, in the case of a city, (d) town 42 supervisor and member of town council in the case of a town, and (e) 43 mayor and village trustee in the case of a village. "Election" shall 44 include the general election and primary, where applicable. 45 2. In order to implement the ranked choice voting method as provided 46 in subdivision one of this section, the governing body of the local 47 government shall adopt a resolution implementing the ranked choice meth- 48 od as authorized by this article. Such resolution shall be subject to a 49 permissive referendum. 50 3. Such resolution shall be adopted by the governing board of the 51 local government at least one hundred eighty days before the election 52 for which ranked choice voting will be utilized. 53 4. The provisions of sections 18-104, 18-106, 18-108 and 18-110 of 54 this article shall apply only when three or more candidates have been 55 nominated or designated for an office enumerated in subdivision one of
A. 8830 3 1 this section, and the governing body of the local government has enacted 2 a resolution implementing the ranked choice voting method. 3 § 18-104. Ranked choice voting method; ballots. 1. For offices subject 4 to the ranked choice voting method, the ballot shall be simple and easy 5 to understand and allow a voter to rank candidates for an office in 6 order of choice. A voter may include no more than one write-in candidate 7 among that voter's ranked choices for each office. If feasible, ballots 8 shall be designed so that a voter may mark that voter's first choices in 9 the same manner as that for offices not elected by the ranked choice 10 voting method. 11 2. Instructions on the ballot shall conform substantially to the 12 following specifications, although subject to modification, based on 13 ballot design and voting machine: 14 "Vote for candidates by indicating your first-choice candidates in 15 order of preference. Indicate your first choice by marking the number 16 "1" beside a candidate's name, your second choice by marking the number 17 "2" beside a candidate's name, your third choice by marking the number 18 "3" beside a candidate's name and so on, for as many choices as you 19 wish. You may choose to rank only one candidate, but ranking additional 20 candidates will not hurt the chances of your first-choice candidate. Do 21 not mark the same number beside more than one candidate. Do not skip 22 numbers." 23 3. A sample ballot for an office subject to the ranked choice voting 24 method shall illustrate the voting procedure for the ranked choice 25 voting method. Such a sample ballot shall be included with each absentee 26 ballot. 27 4. The appropriate election official for a local government where the 28 ranked choice voting method has been authorized by said local government 29 shall insure that the necessary voting system, vote tabulation system, 30 or other similar or related equipment shall be available to accommodate 31 the ranked choice voting method. 32 § 18-106. Ranked choice voting method; procedures. The following 33 procedures shall apply in determining the winner in an election for an 34 office subject to the ranked choice voting method: 35 1. The first choice marked on each ballot shall be counted initially 36 by election officials. If one candidate receives a majority of the votes 37 cast, excluding blank and void ballots, that candidate shall be declared 38 elected. 39 2. If no candidate receives a majority of first-choice votes cast at 40 the end of the initial count, the candidate receiving the fewest first- 41 choice votes shall be eliminated. Each vote cast for the eliminated 42 candidate shall be transferred to the candidate who was the voter's next 43 choice on the ballot. 44 3. Candidates with the fewest votes shall continue to be eliminated, 45 with the votes for such candidates transferred to the candidate who was 46 each voter's next choice on the ballot until a candidate receives a 47 majority of the votes cast, excluding blank and void ballots. When a 48 candidate receives a majority of the votes cast, that candidate shall be 49 declared elected. 50 4. If a ballot has no more available choices ranked on it, that ballot 51 shall be declared exhausted. Where a ballot skips one or more numbers, 52 that ballot shall be declared exhausted when the skipping of numbers is 53 reached. A ballot with the same number for two or more candidates shall 54 be declared exhausted when these double numbers are reached. 55 5. In the case of a tie between candidates for last place, and thus 56 elimination, occurring at any stage in the tabulation, the tie shall be
A. 8830 4 1 resolved so as to eliminate the candidate who received the least number 2 of votes at the previous stage of tabulation. In the case of a tie to 3 which a previous stage does not apply, or such previous stage was also a 4 tie, the tie shall be resolved by drawing lots. However, if the tie 5 occurs when there are only two candidates remaining, the tie shall be 6 resolved in accordance with the provisions of this chapter. 7 § 18-108. Voter education. Where a local government shall pass a 8 resolution authorizing the ranked choice voting method, the governing 9 body shall conduct a voter education campaign on the ranked choice 10 voting system to familiarize voters with the ballot design, method of 11 voting, and advantages of determining a majority winner in a single 12 election. The governing body shall use public service announcements, as 13 well as seek other media cooperation to the maximum extent practicable. 14 § 18-110. Construction. All elections held by the ranked choice voting 15 method pursuant to this article shall be subject to all the other 16 provisions of this chapter and all other applicable laws relating to 17 elections, so far as is applicable and not inconsistent with this chap- 18 ter. 19 § 3. Severability. If any provision of this act or the application 20 thereof shall for any reason be adjudged by any court of competent 21 jurisdiction to be invalid, such judgment shall not affect, impair, or 22 invalidate the remainder of this act, but shall be confined in its oper- 23 ation to the provision thereof directly involved in the controversy in 24 which such judgment shall have been rendered. 25 § 4. This act shall take effect immediately, and shall expire December 26 31, 2027 when upon such date the provisions of this act shall be deemed 27 repealed. Effective immediately the addition, amendment and/or repeal 28 of any rule or regulation necessary for the implementation of this act 29 on its effective date are authorized to be made and completed on or 30 before such date.