Rhode Island 2025 Regular Session

Rhode Island House Bill H5275 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO ELECTIONS -- PRIMARY ELECTIONS--GENERAL ASSEMBLY OFFICES-
1616 -RANKED CHOICE VOTING
1717 Introduced By: Representatives Kislak, Shanley, Boylan, Cortvriend, Speakman, Cotter,
1818 Knight, Craven, Caldwell, and Batista
1919 Date Introduced: January 31, 2025
2020 Referred To: House State Government & Elections
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Chapter 17-15 of the General Laws entitled "Primary Elections" is hereby 1
2525 amended by adding thereto the following section: 2
2626 17-15-4.1. Applicability. 3
2727 This chapter shall apply for all party primary elections, except for general assembly offices. 4
2828 For the offices of state representative and state senator, when there are three (3) or more candidates, 5
2929 including write-in candidates in a primary election, there shall be primary election runoffs which 6
3030 shall be governed by chapter 15.1 of title 17, ("primary election instant runoff") that established 7
3131 ranked choice voting, restricted to general assembly primary elections. 8
3232 SECTION 2. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by 9
3333 adding thereto the following chapter: 10
3434 CHAPTER 15.1 11
3535 PRIMARY ELECTION INSTANT RUNOFF 12
3636 17-15.1-1. Applicability. 13
3737 This chapter shall only apply to party primary elections for general assembly offices, when 14
3838 there are three (3) or more candidates. 15
3939 17-15.1-2. Definitions. 16
4040 For the purposes of this chapter, the following terms have the following meanings: 17
4141 (1) "Active candidate" means any candidate who has not been defeated or elected. 18
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4545 (2) "Highest-ranked active candidate" means the active candidate assigned to a higher 1
4646 ranking than any other active candidates. 2
4747 (3) "Inactive ballots" are ballots that do not count for any candidate, for any of the reasons 3
4848 set forth in this chapter. 4
4949 (4) "Overvote" means an instance in which a voter has ranked more than one candidate at 5
5050 the same ranking. 6
5151 (5) "Ranking" means the number available to be assigned by a voter to a candidate to 7
5252 express the voter's choice for that candidate. The number "1" is the highest ranking, followed by 8
5353 "2" and then "3" and so on. 9
5454 (6) "Round" means an instance of the sequence of voting tabulation, beginning with ยง17-10
5555 15.1-4. 11
5656 (7) "Skipped ranking" means a voter has left a ranking unassigned, but ranks a candidate 12
5757 at a subsequent ranking. 13
5858 (8) "Undervote" means a ballot that does contain any candidates at any ranking, in a 14
5959 particular contest. 15
6060 17-15.1-3. Ranked choice voting ballot. 16
6161 (a) In any contest conducted by ranked choice voting, the ballot shall allow voters to rank 17
6262 candidates in order of choice. 18
6363 (b) The ballot shall allow voters to rank as many choices as there are candidates, except as 19
6464 provided in this section. In the event that the voting equipment cannot accommodate a number of 20
6565 rankings on the ballot equal to the number of qualified candidates, the board of elections may limit 21
6666 the number of choices a voter may rank on a ballot to the maximum number allowed by the 22
6767 equipment. 23
6868 (c) Instructions on the ballot shall conform substantially to the following specifications, 24
6969 subject to usability testing and modification based on ballot design and voting system: "Vote by 25
7070 indicating your first-choice candidate and ranking additional candidates in order of preference. 26
7171 Indicate your first choice by marking the number "1" beside a candidate's name, your second choice 27
7272 by marking the number "2" beside a different candidate's name, your third choice by marking the 28
7373 number "3" beside another different candidate's name, and so on. Rank as many choices as you 29
7474 wish. Indicating second and later preferences will not count against your first choice. Do not skip 30
7575 numbers, and do not mark the same number beside more than one candidate." 31
7676 17-15.1-4. Ranked choice voting tabulation. 32
7777 (a) Each ballot shall count as one vote for the highest-ranked active candidate on that ballot. 33
7878 Tabulation shall proceed in rounds, with each round proceeding sequentially as follows: 34
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8282 (1) If two (2) or fewer active candidates remain, the candidate with the greatest number of 1
8383 votes is elected and tabulation is complete. 2
8484 (2) If more than two (2) active candidates remain, the active candidate with the fewest votes 3
8585 is defeated, votes for the defeated candidate are transferred to each ballot's next-ranked active 4
8686 candidate, and a new round begins with subsection (a)(1) of this section. 5
8787 (b)(1) With regard to inactive ballots and undervotes, in any round of tabulation in a contest 6
8888 conducted by ranked choice voting, an inactive ballot does not count for any candidate. A ballot is 7
8989 inactive if any of the following is true: 8
9090 (i) It does not contain any active candidates and is not an undervote; 9
9191 (ii) It has reached an overvote; or 10
9292 (iii) It has reached two (2) consecutive skipped rankings. 11
9393 (2) An undervote does not count as an active or inactive ballot in any round of tabulation. 12
9494 (3) A candidate ranked more than once on a ballot can only have the highest ranking 13
9595 counted. If the candidate is defeated, all lower rankings of that candidate on the ballot will be 14
9696 skipped over and the vote transferred to the next-ranked active candidate. Giving a candidate more 15
9797 than one ranking will not, by itself, cause a ballot to be inactive. 16
9898 (c) With regard to ties, if two (2) or more candidates are tied with the fewest votes, and 17
9999 tabulation cannot continue until the candidate with the fewest votes is defeated, then the candidate 18
100100 to be defeated shall be determined by lot. Election officials may resolve prospective ties between 19
101101 candidates prior to tabulation after all votes are cast. 20
102102 17-15.1-5. Results reporting. 21
103103 (a) In addition to any other information required by law to be reported with final results, 22
104104 the board of elections shall report the total number of ballots that became inactive in each round, 23
105105 due to any of the following reasons: 24
106106 (1) Because they did not contain any active candidates; or 25
107107 (2) Had reached an overvote, or reached two (2) consecutive skipped rankings as separate 26
108108 totals. 27
109109 (b) If feasible, the board of elections shall also publish final results data by precinct, 28
110110 including full ballot information and how ballots were marked below the rounds that were counted 29
111111 in the election. 30
112112 17-15.1-6. Rulemaking authority. 31
113113 The state board of elections shall promulgate rules, regulations, and procedures in 32
114114 accordance with chapter 35 of title 42 necessary to implement this chapter. 33
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118118 SECTION 3. This act shall take effect on January 1, 2026. 1
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125125 EXPLANATION
126126 BY THE LEGISLATIVE COUNCIL
127127 OF
128128 A N A C T
129129 RELATING TO ELECTIONS -- PRIMARY ELECTIONS--GENERAL ASSEMBLY OFFICES-
130130 -RANKED CHOICE VOTING
131131 ***
132132 This act would establish an instant runoff form of ranked choice voting limited, to general 1
133133 assembly primary elections, with three (3) or more candidates. 2
134134 This act would take effect January 1, 2026. 3
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