A09771 Summary:

BILL NOA09771
 
SAME ASNo Same As
 
SPONSORO'Donnell
 
COSPNSR
 
MLTSPNSR
 
Add Art 18 18-100 - 18-112, El L
 
Establishes a ranked choice voting method to be implemented by local governments for use in general elections, special elections and primaries within the state.
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A09771 Actions:

BILL NOA09771
 
02/11/2020referred to election law
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A09771 Committee Votes:

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A09771 Floor Votes:

There are no votes for this bill in this legislative session.
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A09771 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9771
 
                   IN ASSEMBLY
 
                                    February 11, 2020
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Election Law
 
        AN ACT to amend the election law, in relation to establishing  a  ranked
          choice  voting  method  for  general  elections, special elections and
          primaries within the state
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The election law is amended by adding a new article 18 to
     2  read as follows:
     3                                 ARTICLE 18
     4                         RANKED CHOICE VOTING METHOD
     5  Section 18-100. Definitions.
     6          18-102. Ranked choice voting method for state elections.
     7          18-104. Ranked  choice  voting  method   permitted   for   local
     8                    elections.
     9          18-106. Ranked choice voting method; ballots.
    10          18-108. Ranked choice voting method; procedures.
    11          18-110. Voter education.
    12          18-112. Construction.
    13    §  18-100.  Definitions. 1. "Ranked choice voting method" shall mean a
    14  method of casting and tabulating votes that simulates the ballot  counts
    15  that  would  occur  if  all  voters  participated  in a series of runoff
    16  elections, whereby the voters rank candidates according to the order  of
    17  their choice and, if no candidate has received a majority of votes cast,
    18  then  the candidate with the fewest first choice votes is eliminated and
    19  the remaining candidates advance to another  counting  round.  In  every
    20  round, each ballot is counted as one vote for the highest ranked advanc-
    21  ing candidate.
    22    2.  "Local  government"  shall  mean a county, city, town, village, or
    23  school district.
    24    § 18-102. Ranked choice voting method  for  state  elections.  1.  The
    25  state  board  of  elections is hereby authorized to promulgate rules and
    26  regulations mandating all county board of elections to conduct all state
    27  elections, including general elections, special elections and primaries,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15081-02-0

        A. 9771                             2
 
     1  to be held in the  year  two  thousand  twenty-two  and  for  all  state
     2  elections held thereafter, utilizing the ranked choice voting method.
     3    2.  The provisions of this article shall apply only when three or more
     4  candidates have been nominated or designated for a state elected  office
     5  enumerated in subdivision one of this section.
     6    §  18-104.  Ranked choice voting method permitted for local elections.
     7  1. For all local elections to be held in the year two  thousand  twenty-
     8  two  and  for all local elections held thereafter, local governments are
     9  hereby permitted to conduct elections utilizing the ranked choice voting
    10  method for all local elections in the state.
    11    2. In order to implement the ranked choice voting method  as  provided
    12  in  subdivision  one  of  this  section, the governing body of the local
    13  government shall adopt a resolution implementing the ranked choice meth-
    14  od as authorized by this article. Such resolution shall be subject to  a
    15  permissive referendum.
    16    3.  Such  resolution  shall  be  adopted by the governing board of the
    17  local government at least one  hundred  eighty  days  before  the  local
    18  election for which ranked choice voting shall be utilized.
    19    4.  The provisions of this article shall apply only when three or more
    20  candidates have been nominated or designated for an office enumerated in
    21  subdivision one of this section, and the governing  body  of  the  local
    22  government  has  enacted  a  resolution  implementing  the ranked choice
    23  voting method.
    24    § 18-106. Ranked choice voting method; ballots. 1. For offices subject
    25  to the ranked choice voting method, the ballot shall be simple and  easy
    26  to  understand  and  allow  a  voter to rank candidates for an office in
    27  order of choice. A voter may include no more than one write-in candidate
    28  among that voter's ranked choices for each office.  If feasible, ballots
    29  shall be designed so that a voter may mark that voter's first choices in
    30  the same manner as that for offices not elected  by  the  ranked  choice
    31  voting method.
    32    2.  Instructions  on  the  ballot  shall  conform substantially to the
    33  following specifications, although subject  to  modification,  based  on
    34  ballot design and voting machine:
    35    "Vote  for  candidates  by  indicating your first-choice candidates in
    36  order of preference. Indicate your first choice by  marking  the  number
    37  "1"  beside a candidate's name, your second choice by marking the number
    38  "2" beside a candidate's name, your third choice by marking  the  number
    39  "3"  beside  a  candidate's  name  and so on, for as many choices as you
    40  wish. You may choose to rank only one candidate, but ranking  additional
    41  candidates  will not hurt the chances of your first-choice candidate. Do
    42  not mark the same number beside more than one  candidate.  Do  not  skip
    43  numbers."
    44    3.  A  sample ballot for an office subject to the ranked choice voting
    45  method shall illustrate the  voting  procedure  for  the  ranked  choice
    46  voting  method.  Such a sample ballot shall be included with each absen-
    47  tee ballot.
    48    4. The appropriate election official for a local government where  the
    49  ranked choice voting method has been authorized by such local government
    50  shall  insure  that the necessary voting system, vote tabulation system,
    51  or other similar or related equipment shall be available to  accommodate
    52  the ranked choice voting method.
    53    §  18-108.  Ranked  choice  voting  method;  procedures. The following
    54  procedures shall apply in determining the winner in an election  for  an
    55  office subject to the ranked choice voting method:

        A. 9771                             3
 
     1    1.  The  first choice marked on each ballot shall be counted initially
     2  by election officials. If one candidate receives a majority of the votes
     3  cast, excluding blank and void ballots, that candidate shall be declared
     4  elected.
     5    2.  If  no candidate receives a majority of first-choice votes cast at
     6  the end of the initial count, the candidate receiving the fewest  first-
     7  choice  votes  shall  be  eliminated.  Each vote cast for the eliminated
     8  candidate shall be transferred to the candidate who was the voter's next
     9  choice on the ballot.
    10    3. Candidates with the fewest votes shall continue to  be  eliminated,
    11  with  the votes for such candidates transferred to the candidate who was
    12  each voter's next choice on the ballot  until  a  candidate  receives  a
    13  majority  of  the  votes  cast, excluding blank and void ballots. When a
    14  candidate receives a majority of the votes cast, that candidate shall be
    15  declared elected.
    16    4. If a ballot has no more available choices ranked on it, that ballot
    17  shall be declared exhausted. Where a ballot skips one or  more  numbers,
    18  that  ballot shall be declared exhausted when the skipping of numbers is
    19  reached. A ballot with the same number for two or more candidates  shall
    20  be declared exhausted when these double numbers are reached.
    21    5.  In  the  case of a tie between candidates for last place, and thus
    22  elimination, occurring at any stage in the tabulation, the tie shall  be
    23  resolved  so as to eliminate the candidate who received the least number
    24  of votes at the previous stage of tabulation. In the case of  a  tie  to
    25  which a previous stage does not apply, or such previous stage was also a
    26  tie,  the  tie  shall  be  resolved by drawing lots. However, if the tie
    27  occurs when there are only two candidates remaining, the  tie  shall  be
    28  resolved in accordance with the provisions of this chapter.
    29    §  18-110.  Voter  education.  Where  a  local government shall pass a
    30  resolution authorizing the ranked choice voting  method,  the  governing
    31  body  shall  conduct  a  voter  education  campaign on the ranked choice
    32  voting system to familiarize voters with the ballot  design,  method  of
    33  voting,  and  advantages  of  determining  a majority winner in a single
    34  election. The governing body shall use public service announcements,  as
    35  well as seek other media cooperation to the maximum extent practicable.
    36    §  18-112.  Construction.  All  state  and local elections held by the
    37  ranked choice voting method pursuant to this article shall be subject to
    38  all the other provisions of this chapter and all other  applicable  laws
    39  relating to elections, so far as is applicable and not inconsistent with
    40  this chapter.
    41    §  2.  This  act  shall take effect immediately and shall apply to all
    42  elections held in the state on or after January 1, 2022.
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