A03281 Summary:

BILL NO    A03281A

SAME AS    Same as S 3584

SPONSOR    Kavanagh

COSPNSR    Lupardo

MLTSPNSR   

Add Art 18 SS18-100 - 18-110, El L

Establishes an instant runoff voting method for certain local elections for
races with three or more candidates; insures majority support for elected
officers.

A03281 Actions:

BILL NO    A03281A

01/23/2009 referred to election law
03/31/2009 amend (t) and recommit to election law
03/31/2009 print number 3281a
01/06/2010 referred to election law

A03281 Votes:

A03281 Memo:

BILL NUMBER:A3281A

TITLE  OF BILL:  An act to amend the election law, in relation to estab-
lishing an instant runoff voting method for certain local elections  and
providing for the repeal of such provisions upon expiration thereof

PURPOSE  OF BILL: To permit the use of the instant run off voting method
on a trial basis in elections in the years 2009,  2010  and  2011.  This
pilot program would permit the State Legislature to evaluate the broader
application of the instant runoff voting method.

SUMMARY  OF  PROVISIONS:  A new Article 18 of the election law is estab-
lished.

JUSTIFICATION: The current system of  elections  often  results  in  the
election  of  a candidate who does not have the support of a majority of
voters when there are three or more candidates. Further, where there are
three or more candidates in an election, voters often will not vote  for
their  preferred  candidate to avoid "wasting" their vote on a "spoiler"
candidate. Rather, they will vote against a candidate they  dislike,  by
voting  for  a leading candidate whom they perceive as the lesser of two
evils. In the City of New York, where runoff elections are required  for
certain  offices,  where  no candidate receives 40% or more of the vote,
the result is often the conduct of a separate, expensive run-off primary
that often results in reduced participation at the run-off election. The
instant runoff voting (IRV) method provides for  the  majority  election
for  elective  offices.   IRV gives voters the option to rank candidates
according to the order of their choice. If no candidate obtains a major-
ity of first-choice votes,  then  the  candidate  receiving  the  fewest
first-choice  votes  is  eliminated.  Each  vote cast for the eliminated
candidate shall be transferred to the candidate who was the voter's next
choice on the  ballot.  The  process  is  continued  until  a  candidate
receives  a  majority of the votes. The instant runoff voting method has
been the subject of  increasing  interest  across  the  nation.  It  has
already  been  adopted  by  local  referenda in California, Vermont, and
Massachusetts. There are several potential benefits to the  IRV  method.
First,  voters  are  free to mark up their ballot for the candidate they
truly prefer without fear that their choice will help elect their  least
favorable candidate. Second, it insures that the elected candidate has a
true  majority  support.  In  addition,  the IRV method will (1) promote
higher voter turnout, and  (2)  encourage  positive  campaigning,  since
candidates  will  seek  second-choice and third-choice votes from voters
and will therefore be less likely to attack other candidates and  alien-
ate  voters who support other candidates as their first choice. In situ-
ations where runoffs are already required, it will  eliminate  the  need
for  a  second runoff election, with its increased costs and lower voter
turnout.

LEGISLATIVE HISTORY:
2008: A8235 (Kavanagh) - Election Law
2007: A8235 (Kavanagh) - Election Law
2006: A3510 (Thiele) - Election Law

2005: A3510 (Thiele) - Election Law
2004: A4482 (Thiele) - Election Law
2003: A4482 (Thiele) - Election Law

FISCAL IMPACT ON THE ST ATE: Negligible.

EFFECTIVE DATE: This act shall take effect immediately, and shall expire
December  31,  2012 when upon such date the provisions of this act shall
be deemed repealed.