S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10886
 
                           I N  A S S E M B L Y
 
                               May 25, 2018
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Election Law
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10939-01-7

 A. 10886                            2
 
 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 2020
 and 2021. 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.
   §  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.
   § 3. Pilot program. 1. The state board of elections shall select local
 governments in which to conduct a pilot program during the 2020 and 2021
 elections for local office using instant runoff voting. The state  board
 shall  select  up  to  ten local governments in 2020 and up to ten local
 governments in 2021.
   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, 2022.
   4. The state board shall implement the necessary regulations in  order
 to implement this act within ninety days after it shall have become law.
   §  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:
   "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

 A. 10886                            3

 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.
   §  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 act.
   § 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.
   § 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.
   § 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-

 A. 10886                            4
 
 ation  to  the provision thereof directly involved in the controversy in
 which such judgment shall have been rendered.
   §  9. This act shall take effect immediately, and shall remain in full
 force and effect until  December  31,  2022  when  upon  such  date  the
 provisions of this act shall expire and be deemed repealed.