STATE OF NEW YORK
________________________________________________________________________
5259
2023-2024 Regular Sessions
IN SENATE
February 28, 2023
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to directing the state
board of elections to conduct a study on the implementation and impact
of ranked choice voting in New York 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 section 3-228
2 to read as follows:
3 § 3-228. Ranked choice voting study. 1. Definitions. For the purpose
4 of this section:
5 (a) "Rank" means the number assigned on a ballot by a voter to a
6 candidate to express the voter's preference for that candidate. Rank
7 number one is the highest ranking, rank number two is the next highest
8 ranking, and so on.
9 (b) "Ranked choice election" means any election in which ranked choice
10 voting is used and all candidates are nominated by independent nominat-
11 ing petition.
12 (c) "Ranked choice voting" means the method of casting and tabulating
13 votes in which voters rank candidates in order of preference, tabulation
14 proceeds in rounds in which last place candidates are eliminated, and
15 the votes for eliminated candidates are redistributed based on the
16 voter's next rank until one candidate receives a majority of the non-ex-
17 hausted votes. The candidate with the majority of the non-exhausted
18 votes wins that election.
19 2. The state board of elections shall conduct a study on the implemen-
20 tation and impact of ranked choice voting in New York state for both
21 primary and general elections. The study shall include, but shall not be
22 limited to: the impact on voter turnout, campaign donations, costs asso-
23 ciated with implementing ranked choice voting, data security, availabil-
24 ity of contractors and software to implement ranked choice voting, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09143-01-3
S. 5259 2
1 amount of time it would take to calculate winners under ranked choice
2 voting compared to conventional plurality elections, and number of
3 candidates compared to conventional plurality elections.
4 (a) The study may analyze the impact of ranked choice voting in other
5 states and in local elections in the city of New York.
6 (b) The state board of elections shall solicit input from county
7 boards of election across the state, and the New York city board of
8 elections, and others with expertise in the administration and regu-
9 lation of elections.
10 3. Not later than one year after the effective date of this section,
11 the state board of elections shall transmit to the temporary president
12 of the senate and the speaker of the assembly a report on the study
13 conducted pursuant to subdivision two of this section, including any
14 recommendations on how to best implement ranked choice voting for prima-
15 ry and general elections statewide. The state board of elections shall
16 also make this report publicly accessible on its website.
17 § 2. This act shall take effect immediately.
