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5 | 5 | | 2025 -- H 5275 |
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7 | 7 | | LC000614 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO ELECTIONS -- PRIMARY ELECTIONS--GENERAL ASSEMBLY OFFICES- |
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16 | 16 | | -RANKED CHOICE VOTING |
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17 | 17 | | Introduced By: Representatives Kislak, Shanley, Boylan, Cortvriend, Speakman, Cotter, |
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18 | 18 | | Knight, Craven, Caldwell, and Batista |
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19 | 19 | | Date Introduced: January 31, 2025 |
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20 | 20 | | Referred To: House State Government & Elections |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Chapter 17-15 of the General Laws entitled "Primary Elections" is hereby 1 |
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25 | 25 | | amended by adding thereto the following section: 2 |
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26 | 26 | | 17-15-4.1. Applicability. 3 |
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27 | 27 | | This chapter shall apply for all party primary elections, except for general assembly offices. 4 |
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28 | 28 | | For the offices of state representative and state senator, when there are three (3) or more candidates, 5 |
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29 | 29 | | including write-in candidates in a primary election, there shall be primary election runoffs which 6 |
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30 | 30 | | shall be governed by chapter 15.1 of title 17, ("primary election instant runoff") that established 7 |
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31 | 31 | | ranked choice voting, restricted to general assembly primary elections. 8 |
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32 | 32 | | SECTION 2. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by 9 |
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33 | 33 | | adding thereto the following chapter: 10 |
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34 | 34 | | CHAPTER 15.1 11 |
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35 | 35 | | PRIMARY ELECTION INSTANT RUNOFF 12 |
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36 | 36 | | 17-15.1-1. Applicability. 13 |
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37 | 37 | | This chapter shall only apply to party primary elections for general assembly offices, when 14 |
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38 | 38 | | there are three (3) or more candidates. 15 |
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39 | 39 | | 17-15.1-2. Definitions. 16 |
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40 | 40 | | For the purposes of this chapter, the following terms have the following meanings: 17 |
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41 | 41 | | (1) "Active candidate" means any candidate who has not been defeated or elected. 18 |
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43 | 43 | | |
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44 | 44 | | LC000614 - Page 2 of 5 |
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45 | 45 | | (2) "Highest-ranked active candidate" means the active candidate assigned to a higher 1 |
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46 | 46 | | ranking than any other active candidates. 2 |
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47 | 47 | | (3) "Inactive ballots" are ballots that do not count for any candidate, for any of the reasons 3 |
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48 | 48 | | set forth in this chapter. 4 |
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49 | 49 | | (4) "Overvote" means an instance in which a voter has ranked more than one candidate at 5 |
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50 | 50 | | the same ranking. 6 |
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51 | 51 | | (5) "Ranking" means the number available to be assigned by a voter to a candidate to 7 |
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52 | 52 | | express the voter's choice for that candidate. The number "1" is the highest ranking, followed by 8 |
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53 | 53 | | "2" and then "3" and so on. 9 |
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54 | 54 | | (6) "Round" means an instance of the sequence of voting tabulation, beginning with ยง17-10 |
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55 | 55 | | 15.1-4. 11 |
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56 | 56 | | (7) "Skipped ranking" means a voter has left a ranking unassigned, but ranks a candidate 12 |
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57 | 57 | | at a subsequent ranking. 13 |
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58 | 58 | | (8) "Undervote" means a ballot that does contain any candidates at any ranking, in a 14 |
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59 | 59 | | particular contest. 15 |
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60 | 60 | | 17-15.1-3. Ranked choice voting ballot. 16 |
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61 | 61 | | (a) In any contest conducted by ranked choice voting, the ballot shall allow voters to rank 17 |
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62 | 62 | | candidates in order of choice. 18 |
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63 | 63 | | (b) The ballot shall allow voters to rank as many choices as there are candidates, except as 19 |
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64 | 64 | | provided in this section. In the event that the voting equipment cannot accommodate a number of 20 |
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65 | 65 | | rankings on the ballot equal to the number of qualified candidates, the board of elections may limit 21 |
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66 | 66 | | the number of choices a voter may rank on a ballot to the maximum number allowed by the 22 |
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67 | 67 | | equipment. 23 |
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68 | 68 | | (c) Instructions on the ballot shall conform substantially to the following specifications, 24 |
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69 | 69 | | subject to usability testing and modification based on ballot design and voting system: "Vote by 25 |
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70 | 70 | | indicating your first-choice candidate and ranking additional candidates in order of preference. 26 |
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71 | 71 | | Indicate your first choice by marking the number "1" beside a candidate's name, your second choice 27 |
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72 | 72 | | by marking the number "2" beside a different candidate's name, your third choice by marking the 28 |
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73 | 73 | | number "3" beside another different candidate's name, and so on. Rank as many choices as you 29 |
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74 | 74 | | wish. Indicating second and later preferences will not count against your first choice. Do not skip 30 |
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75 | 75 | | numbers, and do not mark the same number beside more than one candidate." 31 |
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76 | 76 | | 17-15.1-4. Ranked choice voting tabulation. 32 |
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77 | 77 | | (a) Each ballot shall count as one vote for the highest-ranked active candidate on that ballot. 33 |
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78 | 78 | | Tabulation shall proceed in rounds, with each round proceeding sequentially as follows: 34 |
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82 | 82 | | (1) If two (2) or fewer active candidates remain, the candidate with the greatest number of 1 |
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83 | 83 | | votes is elected and tabulation is complete. 2 |
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84 | 84 | | (2) If more than two (2) active candidates remain, the active candidate with the fewest votes 3 |
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85 | 85 | | is defeated, votes for the defeated candidate are transferred to each ballot's next-ranked active 4 |
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86 | 86 | | candidate, and a new round begins with subsection (a)(1) of this section. 5 |
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87 | 87 | | (b)(1) With regard to inactive ballots and undervotes, in any round of tabulation in a contest 6 |
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88 | 88 | | conducted by ranked choice voting, an inactive ballot does not count for any candidate. A ballot is 7 |
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89 | 89 | | inactive if any of the following is true: 8 |
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90 | 90 | | (i) It does not contain any active candidates and is not an undervote; 9 |
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91 | 91 | | (ii) It has reached an overvote; or 10 |
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92 | 92 | | (iii) It has reached two (2) consecutive skipped rankings. 11 |
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93 | 93 | | (2) An undervote does not count as an active or inactive ballot in any round of tabulation. 12 |
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94 | 94 | | (3) A candidate ranked more than once on a ballot can only have the highest ranking 13 |
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95 | 95 | | counted. If the candidate is defeated, all lower rankings of that candidate on the ballot will be 14 |
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96 | 96 | | skipped over and the vote transferred to the next-ranked active candidate. Giving a candidate more 15 |
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97 | 97 | | than one ranking will not, by itself, cause a ballot to be inactive. 16 |
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98 | 98 | | (c) With regard to ties, if two (2) or more candidates are tied with the fewest votes, and 17 |
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99 | 99 | | tabulation cannot continue until the candidate with the fewest votes is defeated, then the candidate 18 |
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100 | 100 | | to be defeated shall be determined by lot. Election officials may resolve prospective ties between 19 |
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101 | 101 | | candidates prior to tabulation after all votes are cast. 20 |
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102 | 102 | | 17-15.1-5. Results reporting. 21 |
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103 | 103 | | (a) In addition to any other information required by law to be reported with final results, 22 |
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104 | 104 | | the board of elections shall report the total number of ballots that became inactive in each round, 23 |
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105 | 105 | | due to any of the following reasons: 24 |
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106 | 106 | | (1) Because they did not contain any active candidates; or 25 |
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107 | 107 | | (2) Had reached an overvote, or reached two (2) consecutive skipped rankings as separate 26 |
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108 | 108 | | totals. 27 |
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109 | 109 | | (b) If feasible, the board of elections shall also publish final results data by precinct, 28 |
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110 | 110 | | including full ballot information and how ballots were marked below the rounds that were counted 29 |
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111 | 111 | | in the election. 30 |
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112 | 112 | | 17-15.1-6. Rulemaking authority. 31 |
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113 | 113 | | The state board of elections shall promulgate rules, regulations, and procedures in 32 |
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114 | 114 | | accordance with chapter 35 of title 42 necessary to implement this chapter. 33 |
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116 | 116 | | |
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118 | 118 | | SECTION 3. This act shall take effect on January 1, 2026. 1 |
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124 | 124 | | LC000614 - Page 5 of 5 |
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125 | 125 | | EXPLANATION |
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126 | 126 | | BY THE LEGISLATIVE COUNCIL |
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127 | 127 | | OF |
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128 | 128 | | A N A C T |
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129 | 129 | | RELATING TO ELECTIONS -- PRIMARY ELECTIONS--GENERAL ASSEMBLY OFFICES- |
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130 | 130 | | -RANKED CHOICE VOTING |
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131 | 131 | | *** |
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132 | 132 | | This act would establish an instant runoff form of ranked choice voting limited, to general 1 |
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133 | 133 | | assembly primary elections, with three (3) or more candidates. 2 |
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134 | 134 | | This act would take effect January 1, 2026. 3 |
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136 | 136 | | LC000614 |
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