BILL NO A07013A
SAME AS SAME AS S06862
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
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
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 3 sets forth the effective date.
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.
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.
This act shall take effect January 1, 2015.
S T A T E O F N E W Y O R K
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
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.
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.