NY State Senate Bill 2017-S4110

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Feb 03, 2017	referred to elections

2017-S4110 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §6-162, El L; rpld §3-705 sub 5, §3-709 sub 6, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7033
2015-2016: S3800
2019-2020: S1447
2021-2022: S2625
2023-2024: S6990

2017-S4110 (ACTIVE) - Summary

Enacts the "NYC instant run-off voting act"; requires an instant run-off in any municipal election in New York City; provides that if one candidate for any municipal office receives a majority of first preferences, such candidate is elected; provides, however, if no candidate is the first choice of at least half the voters, the instant run-off re-tabulation shall be performed and then the candidate with the fewest votes is eliminated

2017-S4110 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4110

 TITLE OF BILL :  An act to amend the election law, in relation to
enacting the "NYC instant run-off voting act"; and to repeal
subdivision 5 of section 3-705 and subdivision 6 of section 3-709 of
the administrative code of the city of New York relating to certain
run-off elections in the city of New York

 PURPOSE :

This bill improves the current run-off system of elections for New
York City offices by eliminating the current costly and low-turnout
run-off election system in favor of an "instant runoff," whereby
voters rank candidates by order of preference and the top two vote
getters (if none receives an outright majority of votes), instantly
move to a second and final round of counting based on the votes cast
for them on the ballots of eliminated candidates.

 SUMMARY OF PROVISIONS :

§ 1. Provides that the title of the act shall be the "instant run-off
voting act."

§ 2. Section two provides for legislative findings.

§ 3. Amends section 6-162 of the election law to specify that all

elections for municipal office in New York City use an "instant
run-off voting" system. On every ballot using instant run-off voting,
voters shall be given the chance to rank candidates in order of their
preference. Ballots will be counted initially according to first
choice, and if one candidate receives a majority of votes cast then
the board of elections will certify that candidate as the winner. If
no candidate receives a majority of the first choice voices, the Board
of Elections will recount the ballots that rank the eliminated
candidates as the first choice and that indicate one of the
non-eliminated candidates as an alternative choice. Each ballot is
counted as one vote for the highest ranked candidate on that ballot
who has not been eliminated. The candidate with the greater number of
votes after the second round shall be certified as the winner.

§ 4. Repeals subdivision 5 of section 6-162 of the election law that
relates to the administrative code of the city of New York.

§ 5. repeals subdivision 6 of section 6-162 of the election law that
relates to the administrative code of the city of New York.

§ 6. Provides that the act shall take effect immediately.

 EXISTING LAW :

Corporations can spend their resources to influence election outcomes.

 JUSTIFICATION :

In 2013, New York City was required to hold a runoff election for the
office of NYC Public Advocate. The runoff was necessary because none
of the five candidates in the Democratic primary received 40 percent
of the vote. Less than 190,000 Democrats voted in the runoff election.
As of April 1, 2013 there were approximately 3.2 million registered
Democrats in New York City. The runoff election cost New York City
approximately $13 million for a meager election day turn-out.

The current run-off system of voting in primary elections for offices
of mayor, comptroller and public advocate in New York City is unduly
expensive and generates an unacceptably low turnout of voters. An
instant run-off voting system would eliminate the need for a costly
second election and avoid the meager election day turn-outs of runoff
elections. Variations of instant runoff voting are utilized by several
cities in the United States including San Francisco, CA, San Leandro,
CA, Oakland CA, Portland, ME, Minneapolis, MN, Saint Paul, MN, Takoma
Park, MD and Telluride, CO.

 LEGISLATIVE HISTORY :

01/06/16 Referred to Elections
02/17/15 Referred to Elections

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

No cost to the State. Will save New York City the cost of running
runoff elections which cost $13 million in 2013.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4110 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4110
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  enacting  the  "NYC
   instant  run-off  voting  act"; and to repeal subdivision 5 of section
   3-705 and subdivision 6 of section 3-709 of the administrative code of
   the city of New York relating to certain run-off elections in the city
   of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "NYC instant run-off voting act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that  the  run-off system of voting in primary elections for the offices
 of mayor, comptroller and public advocate in New  York  city  is  unduly
 expensive  and  generates  an unacceptably low turnout of voters.  Addi-
 tionally, the absence of any run-off system at all for  the  offices  of
 borough  president  and  council member has resulted in candidates being
 elected with much less than a majority of the votes  cast,  and  signif-
 icantly  dilutes minority voting power when multiple minority candidates
 compete for the same office. In an "instant run-off" system, voters rank
 candidates by order of preference, and if no candidate receives a major-
 ity of first-place votes, the top two candidates have the votes of elim-
 inated candidates redistributed to them in order of each voter's prefer-
 ence. The candidate with the most votes after this "second round" is the
 winner. An instant run-off voting system eliminates the need for a cost-
 ly and sparsely attended second election, rewards candidates who broaden
 their appeal as widely as possible, and promotes minority representation
 by limiting the dilution of minority voting power when multiple minority
 candidates are on the ballot for the same office.
   § 3. Section 6-162 of the election law, as amended by chapter  424  of
 the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01997-01-7

 S. 4110                             2
 
   § 6-162. [Primary; New York City, run-off. 1. In the city of New York,
 when  no  candidate  for  the  office of mayor, public advocate or comp-
 troller receives forty percent or more of the votes cast by the  members
 of  a  political  party for such office in a city-wide primary election,
 the  board  of  elections  of  such city shall conduct a run-off primary
 election between the two candidates receiving  the  greatest  number  of
 votes for the same office.
   2.  In  any  jurisdiction  that  authorizes a run-off election after a
 primary election, if one of the two candidates  receiving  the  greatest
 number  of  votes  for  the  same  office  files with the local board of
 elections a certificate of withdrawal within three days  following  such
 primary  election, the board shall accept and certify the withdrawal and
 declare the remaining candidate the winner and no such  run-off  primary
 election shall be held. Such certificate of withdrawal shall be in affi-
 davit   or  affirmation  form  as  determined  by  the  state  board  of
 elections.] INSTANT RUN-OFF VOTING IN NEW YORK CITY.  1.  ELECTIONS  FOR
 MUNICIPAL  OFFICE  IN THE CITY OF NEW YORK SHALL USE AN "INSTANT RUN-OFF
 VOTING" SYSTEM.
   2. ON EVERY BALLOT USING INSTANT RUN-OFF VOTING, THE VOTERS  SHALL  BE
 GIVEN  THE  OPPORTUNITY TO RANK CANDIDATES IN THE ORDER OF THEIR PREFER-
 ENCE.
   3. THE FOLLOWING PROCEDURES SHALL BE  USED  TO  DETERMINE  WINNERS  IN
 INSTANT RUN-OFF VOTING:
   (A)  THE  BALLOTS  SHALL  BE  COUNTED INITIALLY ACCORDING TO THE FIRST
 CHOICE MARKED ON EACH BALLOT. IF ONE CANDIDATE RECEIVES FORTY PERCENT OF
 THE VOTES CAST, THE BOARD OF ELECTIONS SHALL CERTIFY THAT  CANDIDATE  AS
 THE WINNER.
   (B)  IF  AT  THE  END  OF  THE INITIAL ROUND OF COUNTING, NO CANDIDATE
 RECEIVED FORTY PERCENT OF FIRST CHOICES, ALL CANDIDATES SHALL BE  ELIMI-
 NATED EXCEPT THE TWO CANDIDATES WITH THE GREATEST NUMBER OF FIRST CHOIC-
 ES.  THE  BOARD OF ELECTIONS SHALL THEN CONDUCT A SECOND, FINAL ROUND OF
 COUNTING IN WHICH BALLOTS THAT RANK ELIMINATED  CANDIDATES  AS  A  FIRST
 CHOICE AND THAT INDICATE ONE OF THE UNELIMINATED CANDIDATES AS AN ALTER-
 NATIVE  CHOICE  SHALL  BE COUNTED AS VOTES FOR WHICHEVER OF THE UNELIMI-
 NATED CANDIDATES IS RANKED HIGHER ON EACH BALLOT. IN THE  SECOND  ROUND,
 EACH  BALLOT  IS COUNTED AS ONE VOTE FOR THE HIGHEST RANKED CANDIDATE ON
 THAT BALLOT WHO HAS NOT BEEN ELIMINATED. THE CANDIDATE WITH THE  GREATER
 NUMBER OF VOTES IN THE SECOND ROUND SHALL BE CERTIFIED AS THE WINNER.
   (C)  IN  CASE OF A TIE BETWEEN CANDIDATES SUCH THAT TWO OR MORE CANDI-
 DATES HAVE AN EQUAL NUMBER OF FIRST CHOICES AND MORE THAN TWO CANDIDATES
 QUALIFY FOR THE SECOND ROUND, INSTANT RUN-OFF VOTING SHALL  BE  USED  TO
 DETERMINE WHICH TWO CANDIDATES SHALL ADVANCE TO THE SECOND ROUND.
   §  4. Subdivision 5 of section 3-705 of the administrative code of the
 city of New York is REPEALED.
   § 5. Subdivision 6 of section 3-709 of the administrative code of  the
 city of New York is REPEALED.
   § 6. This act shall take effect immediately.

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Senate Bill S4110

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S4110 (ACTIVE) - Details

2017-S4110 (ACTIVE) - Summary

2017-S4110 (ACTIVE) - Sponsor Memo

2017-S4110 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4110

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S4110 (ACTIVE) - Details

2017-S4110 (ACTIVE) - Summary

2017-S4110 (ACTIVE) - Sponsor Memo

2017-S4110 (ACTIVE) - Bill Text download pdf

Comments