A07013 Summary:

BILL NO    A07013A

SAME AS    SAME AS S06862

SPONSOR    Kavanagh

COSPNSR    Brook-Krasny, Pichardo, Mosley

MLTSPNSR   Camara, Thiele

Rpld & add S6-162, amd S7-114, El L

Relates to instant run-off elections in cities with a population of one million
or more.
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A07013 Actions:

BILL NO    A07013A

04/29/2013 referred to election law
01/08/2014 referred to election law
02/24/2014 amend and recommit to election law
02/24/2014 print number 7013a
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A07013 Votes:

There are no votes for this bill in this legislative session.
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A07013 Memo:

BILL NUMBER:A7013A

TITLE OF BILL:  An act to amend the election law, in relation to
instant run-off voting in the city of New York; and to repeal certain
provisions of such law relating thereto

PURPOSE:

To establish instant run-off voting in primary elections for mayor,
public advocate, and comptroller in the city of New York.

SUMMARY OF PROVISIONS:

Section 1 of the bill repeals Section 6-162 of the election law and
adds a new Section 6162. Subdivision 1 defines which offices are
subject to instant run:off voting. Subdivision 2 defines instant
runoff voting and provides that a second round of voting, using the
instant runoff voting method, shall take place if the candidate with
the most votes receives less than fifty percent plus one vote in the
initial round of voting. Subdivision 3 provides guidelines for the
design of the ballots to be used in instant run-off elections.
Subdivision 4 defines the instructions to be printed on the ballot.
Subdivision 5 provides that the board of elections, with the approval
of the state board of elections, may adopt devices, methods, and
ballot formats for sorting, counting, tabulating, and invalidating
votes for offices subject to instant runoff voting, provided that any
such changes substantially conform to the provisions of this chapter.

Section 2 of the bill amends subdivision 2 of Section 7-114 of the
election law to clarify that the instructions printed on the ballot
for elections subject to instant run-off voting differ from the
instructions typically printed on the ballot and can be found in
Section 6162.

Section 3 sets forth the effective date.

JUSTIFICATION:

Currently, if no candidate in a primary election with more than two
candidates for mayor, public advocate, or comptroller in New York City
wins more than forty percent of the vote, a run-off election is held
between the top two vote-getters two weeks later.  Due to the adoption
of paper ballots and optical scan ballot machines, the New York City
Board of Elections cannot certify the results of a primary within the
required two weeks, nor can it ensure that military and overseas
voters receive their ballots in a timely manner. An instant run-off
method would allow voters to rank their choices and cast their vote
for a hypothetical runoff election at the same time that they cast
their vote for the primary election.  Since an instant runoff election
eliminates the costs associated with a runoff election, the threshold
for avoiding a runoff should be raised from a forty percent plurality
of the votes cast in the primary to a fifty percent plus one majority.

LEGISLATIVE HISTORY:

None.


FISCAL IMPACT:

None for the state. The city of New York would save 20 million dollars
for each runoff election that would no longer need to be administered.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.
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A07013 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7013--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 29, 2013
                                      ___________

       Introduced by M. of A. KAVANAGH -- Multi-Sponsored by -- M. of A. THIELE
         --  read  once and referred to the Committee on Election Law -- recom-
         mitted to the Committee on Election Law in  accordance  with  Assembly
         Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the election law, in relation to instant run-off  voting
         in  the city of New York; and to repeal certain provisions of such law
         relating thereto

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  6-162  of the election law is REPEALED and a new
    2  section 6-162 is added to read as follows:
    3    S 6-162. PRIMARY; NEW YORK CITY, INSTANT RUN-OFF  VOTING.  1.  IN  THE
    4  CITY  OF  NEW  YORK,  ANY  CITY-WIDE PRIMARY ELECTIONS FOR THE OFFICE OF
    5  MAYOR, PUBLIC ADVOCATE OR COMPTROLLER, IN WHICH MORE THAN TWO CANDIDATES
    6  APPEAR ON THE BALLOT FOR THE SAME OFFICE, SHALL BE CONDUCTED BY  INSTANT
    7  RUN-OFF VOTING.
    8    2.  FOR  THE PURPOSES OF THIS SECTION, THE TERM INSTANT RUN-OFF VOTING
    9  MEANS AN ELECTION IN WHICH VOTERS MAY RANK  UP  TO  FIVE  CANDIDATES  IN
   10  ORDER  OF  PREFERENCE, FIRST, SECOND, AND SO ON, AND IN WHICH TABULATION
   11  PROCEEDS IN UP TO TWO ROUNDS AS FOLLOWS: IF THE CANDIDATE WITH THE  MOST
   12  VOTES  RECEIVES  A VOTE TOTAL LESS THAN FIFTY PERCENT PLUS ONE VOTE, THE
   13  TWO CANDIDATES WITH THE MOST VOTES PROCEED TO A SECOND ROUND OF  BALLOT-
   14  COUNTING.  IN  SUCH  SECOND  ROUND, EACH BALLOT IS COUNTED AS A VOTE FOR
   15  WHICHEVER OF THE TWO ADVANCING  CANDIDATES  IS  RANKED  HIGHER  BY  THAT
   16  VOTER.  ANY BALLOT THAT DOES NOT RANK EITHER OF THE TWO ADVANCING CANDI-
   17  DATES  SHALL  NOT BE COUNTED IN THE SECOND ROUND. THE CANDIDATE WITH THE
   18  MOST VOTES IN THE SECOND ROUND SHALL BE DECLARED THE WINNER.
   19    3. THAT PORTION OF THE BALLOT PERTAINING  TO  ELECTIONS  CONDUCTED  BY
   20  INSTANT  RUN-OFF  VOTING SHALL ALLOW A VOTER TO RANK CANDIDATES IN ORDER
   21  OF CHOICE IN A WAY THAT IS  CLEAR  AND  EASY  TO  UNDERSTAND  AND  SHALL

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08671-04-4
       A. 7013--A                          2

    1  INCLUDE  THE OPPORTUNITY TO RANK NO MORE THAN ONE WRITE-IN CANDIDATE. TO
    2  THE EXTENT POSSIBLE, BALLOTS SHALL BE DESIGNED SO THAT A VOTER MAY  MARK
    3  THAT  VOTER'S FIRST CHOICE IN THE SAME MANNER AS FOR OFFICES NOT ELECTED
    4  BY INSTANT RUN-OFF VOTING.
    5    4.  INSTRUCTIONS ON THE BALLOT FOR ELECTIONS CONDUCTED BY INSTANT RUN-
    6  OFF VOTING MUST CONFORM SUBSTANTIALLY TO THE  FOLLOWING  SPECIFICATIONS,
    7  SUBJECT  TO  MODIFICATION  BASED ON BALLOT DESIGN, USABILITY TESTING AND
    8  VOTING MACHINES: "VOTE FOR CANDIDATES BY  INDICATING  YOUR  FIRST-CHOICE
    9  CANDIDATE  AND  RANKING  ADDITIONAL  CANDIDATES  IN ORDER OF PREFERENCE.
   10  INDICATE YOUR FIRST CHOICE BY INDICATING A NUMBER "1"  BESIDE  A  CANDI-
   11  DATE'S  NAME,  YOUR  SECOND  CHOICE  BY INDICATING A NUMBER "2" BESIDE A
   12  CANDIDATE'S NAME, YOUR THIRD CHOICE BY MARKING THE NUMBER "3"  BESIDE  A
   13  CANDIDATE'S  NAME  AND SO ON. YOU MAY CHOOSE TO RANK ONLY ONE CANDIDATE,
   14  BUT RANKING ANOTHER CANDIDATE AS A LOWER CHOICE WILL NOT HURT YOUR FIRST
   15  CHOICE. YOU MAY RANK THE SAME CANDIDATE MORE THAN ONCE,  BUT  THE  ADDI-
   16  TIONAL RANKING DOES NOT HELP THAT CANDIDATE. DO NOT MARK THE SAME NUMBER
   17  BESIDE MORE THAN ONE CANDIDATE. DO NOT SKIP NUMBERS."
   18    5.  THE  BOARD  OF  ELECTIONS, WITH THE APPROVAL OF THE STATE BOARD OF
   19  ELECTIONS, MAY PROVIDE FOR THE USE OF MECHANICAL,  ELECTRONIC  OR  OTHER
   20  DEVICES  FOR SORTING AND COUNTING BALLOTS AND TABULATING RESULTS AND MAY
   21  MODIFY THE FORM OF THE BALLOTS, AND THE METHOD OF SORTING, COUNTING, AND
   22  INVALIDATING BALLOTS AND THE TABULATING AND  RECOUNTING  OF  VOTES  WITH
   23  RESPECT  TO OFFICES ELECTED BY INSTANT RUN-OFF VOTING, PROVIDED THAT ANY
   24  CHANGE MADE SUBSTANTIALLY CONFORMS TO THIS CHAPTER.
   25    S 2. Paragraph (c) of subdivision 2 of section 7-114 of  the  election
   26  law,  as  amended by chapter 234 of the laws of 1976, is amended to read
   27  as follows:
   28    (c) On the front of the stub, above the perforated line at the top  of
   29  the paper ballot shall be printed the same instructions as on the gener-
   30  al  election ballot, AND ADDITIONAL INSTRUCTIONS, IF ANY, REQUIRED UNDER
   31  SECTION 6-162 OF THIS CHAPTER.
   32    S 3. This act shall take effect January 1, 2015.
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