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

                                 3274--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sens. KRUEGER, HASSELL-THOMPSON, HOYLMAN, PERKINS, SQUA-
  DRON -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Elections -- recommitted to the  Committee  on
  Elections  in  accordance  with  Senate  Rule  6,  sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to create a pilot program to test an instant runoff voting method
  of elections and providing for the  repeal  of  such  provisions  upon
  expiration thereof

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

  Section 1. Legislative findings. The current system  of  voting  often
results  in  the  election of a candidate who does not have the majority
support of the electorate  when  there  are  three  or  more  candidates
running  for  an elective office. Further, where there are three or more
candidates for an elective office, voters often will not vote for  their
preferred  candidate to avoid "wasting" their vote on a "spoiler" candi-
date.   Rather, they will vote against  a  candidate  they  dislike,  by
voting  for  a leading candidate that they perceive as the lesser of two
evils. The result of the current system in multi-candidate races can  be
the election of candidates who lack majority support.
  The  instant  runoff  voting method provides for the majority election
for elective offices. Instant runoff voting gives voters the  option  to
rank  candidates according to the order of their choice. If no candidate
obtains a majority 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 votes.
  There are several potential benefits  to  the  instant  runoff  voting
method.  First,  voters  are free to mark their ballot for the candidate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00881-02-4
              

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they truly prefer without fear that their choice will help  elect  their
least preferred candidate. Second, it ensures that the elected candidate
has true majority support. In addition, the instant runoff voting 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 alienate voters that support other  candidates  as  their
first  choice. In situations where runoffs are already required, it will
eliminate the need for a second  runoff  election,  with  its  increased
costs and lower voter turnout.
  The  instant  runoff  voting method has been the subject of increasing
interest across the nation. It has already been adopted by local  refer-
enda  in  California,  Vermont, and Massachusetts. It is under consider-
ation in many other states.
  It is the purpose of this act to permit the use of the instant  runoff
voting  method on a trial basis in certain local elections in years 2017
and 2018. This pilot program would permit the state legislature to eval-
uate the broader application of the  instant  runoff  voting  method  to
elections in New York state.
  S  2.    Definitions.  1.  "Instant runoff voting method" shall mean a
method of casting and tabulating votes that simulates the ballot  counts
that  would  occur  if  all  voters  participated  in a series of runoff
elections, whereby the voters rank candidates according to the order  of
their choice and, if no candidate has received a majority of votes cast,
then  the candidate with the fewest first choice votes is eliminated and
the remaining candidates advance to another  counting  round.  In  every
round, each ballot is counted as one vote for the highest ranked advanc-
ing candidate.
  2.  "Local  government"  shall  mean a county, city, town, village, or
school district.
  S 3. Pilot program. 1. The state board of elections shall select local
governments in which to conduct a pilot program during the 2017 and 2018
elections for local office using instant runoff voting. The state  board
shall  select  up  to  ten local governments in 2017 and up to ten local
governments in 2018.
  2. In selecting local governments the state board shall seek diversity
of population size, regional location, and demographic composition.  The
pilot  program  shall  require  the  approval  of  the  county  board of
elections where said county board conducts the election  for  the  local
government.  Said  pilot  program shall also require the approval of the
local government that has been selected for the pilot program.
  3. The state board shall monitor the pilot program and issue a  report
with  its findings and recommendations to the state legislature by April
1, 2019.
  4. The state board shall implement the necessary regulations in  order
to implement this act within ninety days after it shall have become law.
  S  4.  Instant runoff voting method; ballots. 1. For elections subject
to the instant runoff voting method, the ballot must be simple and  easy
to understand and allow a voter to rank candidates in order of choice. A
voter may include no more than one write-in candidate among that voter's
ranked choices for each office. If feasible, ballots must be designed so
that  a  voter may mark that voter's first choices in the same manner as
that for offices not elected by the instant runoff voting method.
  2. Instructions on  the  ballot  must  conform  substantially  to  the
following  specifications,  although  subject  to modification, based on
ballot design and voting machine:

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  "Vote for candidates by indicating  your  first-choice  candidates  in
order  of  preference.  Indicate your first choice by marking the number
"1" beside a candidate's name, your second choice by marking the  number
"2"  beside  a candidate's name, your third choice by marking the number
"3"  beside  a  candidate's  name  and so on, for as many choices as you
wish.  You may choose to rank only one candidate, but ranking additional
candidates will not hurt the chances of your first-choice candidate.  Do
not  mark  the  same  number beside more than one candidate. Do not skip
numbers."
  3. A sample ballot for an  election  subject  to  the  instant  runoff
voting  method  must  illustrate  the  voting  procedure for the instant
runoff voting method. Such a sample ballot must be  included  with  each
absentee ballot.
  4.  The appropriate board of elections shall ensure that the necessary
voting system, vote tabulation  system,  or  other  similar  or  related
equipment  shall  be  available to accommodate the instant runoff voting
method where the instant runoff voting method is required by this act.
  S 5. Instant runoff voting method; procedures.  The  following  proce-
dures  shall  apply  in determining the winner in an election subject to
the instant runoff voting method:
  1. The first choice marked on each ballot must be counted initially by
election officials. If one candidate receives a majority  of  the  votes
cast, excluding blank and void ballots, that candidate shall be declared
elected.
  2.  If  no candidate receives a majority of first-choice votes cast at
the end of the initial count, the candidate receiving the fewest  first-
choice  votes  shall  be  eliminated.  Each vote cast for the eliminated
candidate shall be transferred to the candidate who was the voter's next
choice on the ballot.
  3. Candidates with the fewest votes shall continue to  be  eliminated,
with  the votes for such candidates transferred to the candidate who was
each voter's next choice on the ballot  until  a  candidate  receives  a
majority  of  the  votes  cast, excluding blank and void ballots. When a
candidate receives a majority of the votes cast, that candidate shall be
declared the winner.
  4. If a ballot has no more available choices ranked on it, that ballot
must be declared exhausted. Where a ballot skips one  or  more  numbers,
the  ballot  must  be declared exhausted when the skipping of numbers is
reached. A ballot with the same number for two or more  candidates  must
be declared exhausted when these double numbers are reached.
  5.  In  the  case of a tie between candidates for last place, and thus
elimination, occurring at any stage in the tabulation, the tie shall  be
resolved  so as to eliminate the candidate who received the least number
of votes at the previous stage of tabulation. In the case of  a  tie  to
which a previous stage does not apply, or such previous stage was also a
tie,  the  tie  shall  be  resolved by drawing lots. However, if the tie
occurs when there are only two candidates remaining, the  tie  shall  be
resolved in accordance with the provisions of this chapter.
  S  6.  Voter  education.  Where  an election is subject to the instant
runoff voting method, the appropriate board of elections shall conduct a
voter education campaign on the instant runoff voting system  to  famil-
iarize  voters  with the ballot design, method of voting, and advantages
of determining a majority winner in a  single  election.  The  board  of
elections  shall use public service announcements, as well as seek other
media cooperation to the maximum extent practicable.

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  S 7.  Construal. All elections held by the instant runoff voting meth-
od pursuant to this act shall be subject to all the other provisions  of
the election law and all other applicable laws relating to elections, so
far as is applicable and not inconsistent with this act.
  S  8.    Severability. If any provision of this act or the application
thereof shall for any reason be  adjudged  by  any  court  of  competent
jurisdiction  to  be invalid, such judgment shall not affect, impair, or
invalidate the remainder of this act, but shall be confined in its oper-
ation to the provision thereof directly involved in the  controversy  in
which such judgment shall have been rendered.
  S  9. This act shall take effect immediately, and shall remain in full
force and effect until  December  31,  2019  when  upon  such  date  the
provisions of this act shall expire and be deemed repealed.