NY State Senate Bill 2017-S3309

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 02, 2018	advanced to third reading
May 01, 2018	2nd report cal.
Apr 30, 2018	1st report cal.889
Jan 11, 2018	print number 3309a
Jan 11, 2018	amend and recommit to elections
Jan 03, 2018	referred to elections
Jun 21, 2017	committed to rules
Mar 08, 2017	advanced to third reading
Mar 07, 2017	2nd report cal.
Mar 06, 2017	1st report cal.320
Jan 20, 2017	referred to elections

Votes

- Apr 30, 2018 - Elections Committee Vote
  S3309
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Apr 30, 2018
      
      aye (9)
      
      Akshar
      
      Amedore
      
      Avella
      
      Dilan
      
      Gallivan
      
      Kavanagh
      
      Krueger
      
      Marchione
      
      Tedisco
  Mar 6, 2017 - Elections Committee Vote
  S3309
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 6, 2017
      
      aye (8)
      
      Akshar
      
      Amedore
      
      Avella
      
      Comrie
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Tedisco
      
      excused (1)
      
      Dilan

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S3309 - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Rpld & add §6-162, amd §7-114, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6862
2015-2016: S4586
2019-2020: S796
2021-2022: S4296
2023-2024: S6235

2017-S3309 - Summary

Relates to instant run-off elections in the city of New York.

2017-S3309 - Sponsor Memo

                                
 
BILL NUMBER: S3309               Revised 1/11/18

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the election law, in relation to instant run-off voting
in the city of New York; and to repeal certain provisions of such law
relating thereto

 
PURPOSE:

To establish instant run-off voting in primary elections for mayor,
public advocate, and comptroller in the city of New York.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill repeals Section 6-162 of the election law and adds
a new Section 6162. Subdivision 1 defines which offices are subject to
instant run-off voting. Subdivision 2 defines instant runoff voting and
provides that a second round of voting, using the instant runoff voting
method, shall take place if the candidate with the most votes receives

less than fifty percent plus one vote in the initial round of voting.
Subdivision 3 provides guidelines for the design of the ballots to be
used in instant run-off elections.  Subdivision 4 defines the
instructions to be printed on the ballot.  Subdivision 5 provides that
the board of elections, with the approval of the state board of
elections, may adopt devices, methods, and ballot formats for sorting,
counting, tabulating, and invalidating votes for offices subject to
instant runoff voting, provided that any such changes substantially
conform to the provisions of this chapter.

Section 2 of the bill amends subdivision 2 of Section 7-114 of the
election law to clarify that the instructions printed on the ballot for
elections subject to instant run-off voting differ from the instructions
typically printed on the ballot and can be found in Section 6162.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Currently, if no candidate in a primary election, with more than two
candidates for mayor, public advocate, or comptroller in New York City
wins more than forty percent of the vote, a run-off election is held
between the top two vote-getters two weeks later. Due to the adoption of
paper ballots and optical scan ballot machines, the New York City Board
of Elections cannot certify the results of a primary within the required
two weeks, nor can it ensure that military and overseas voters receive
their ballots in a timely manner. An instant run-off method would allow
voters to rank their choices and cast their vote for a hypothetical
runoff election at the same time that they cast their vote for the
primary election. Since an instant runoff election eliminates the costs
associated with a runoff election, the threshold for avoiding a runoff
should be raised from a forty percent plurality of the votes cast in the
primary to a fifty percent plus one majority.

 
LEGISLATIVE HISTORY:

2017: S.3309 - Died on 3rd Reading Calendar
2016: S.4586 - Passed Senate / A.5571 - Referred to Election Law
2015: S.4586 - Passed Senate / A.5571 - Referred to Election Law
2014: S.6862 - Referred to Elections / A.7013 - Referred to Election Law

 
FISCAL IMPACT:

None for the state. The city of New York would save 20 million dollars
for each runoff election that would no longer need to be administered.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2019.

2017-S3309 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3309
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 instant run-off  voting
   in  the city of New York; and to repeal certain provisions of such law
   relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6-162  of the election law is REPEALED and a new
 section 6-162 is added to read as follows:
   § 6-162. PRIMARY; NEW YORK CITY, INSTANT RUN-OFF  VOTING.  1.  IN  THE
 CITY  OF  NEW  YORK,  ANY  CITY-WIDE PRIMARY ELECTIONS FOR THE OFFICE OF
 MAYOR, PUBLIC ADVOCATE OR COMPTROLLER, IN WHICH MORE THAN TWO CANDIDATES
 APPEAR ON THE BALLOT FOR THE SAME OFFICE, SHALL BE CONDUCTED BY  INSTANT
 RUN-OFF VOTING.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM "INSTANT RUN-OFF VOTING"
 MEANS  AN  ELECTION  IN  WHICH  VOTERS MAY RANK UP TO FIVE CANDIDATES IN
 ORDER OF PREFERENCE, FIRST, SECOND AND SO ON, AND  IN  WHICH  TABULATION
 PROCEEDS  IN UP TO TWO ROUNDS AS FOLLOWS: IF THE CANDIDATE WITH THE MOST
 VOTES RECEIVES A VOTE TOTAL LESS THAN FIFTY PERCENT PLUS ONE  VOTE,  THE
 TWO  CANDIDATES WITH THE MOST VOTES PROCEED TO A SECOND ROUND OF BALLOT-
 COUNTING. IN SUCH SECOND ROUND, EACH BALLOT IS COUNTED  AS  A  VOTE  FOR
 WHICHEVER  OF  THE  TWO  ADVANCING  CANDIDATES  IS RANKED HIGHER BY THAT
 VOTER.  ANY BALLOT THAT DOES NOT RANK EITHER OF THE TWO ADVANCING CANDI-
 DATES SHALL NOT BE COUNTED IN THE SECOND ROUND. THE CANDIDATE  WITH  THE
 MOST VOTES IN THE SECOND ROUND SHALL BE DECLARED THE WINNER.
   3.  THAT  PORTION  OF  THE BALLOT PERTAINING TO ELECTIONS CONDUCTED BY
 INSTANT RUN-OFF VOTING SHALL ALLOW A VOTER TO RANK CANDIDATES  IN  ORDER
 OF  CHOICE  IN  A  WAY  THAT  IS  CLEAR AND EASY TO UNDERSTAND AND SHALL
 INCLUDE THE OPPORTUNITY TO RANK NO MORE THAN ONE WRITE-IN CANDIDATE.  TO
 THE  EXTENT POSSIBLE, BALLOTS SHALL BE DESIGNED SO THAT A VOTER MAY MARK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01447-01-7

 S. 3309                             2
 
 THAT VOTER'S FIRST CHOICE IN THE SAME MANNER AS FOR OFFICES NOT  ELECTED
 BY INSTANT RUN-OFF VOTING.
   4.  INSTRUCTIONS ON THE BALLOT FOR ELECTIONS CONDUCTED BY INSTANT RUN-
 OFF VOTING MUST CONFORM SUBSTANTIALLY TO THE  FOLLOWING  SPECIFICATIONS,
 SUBJECT  TO  MODIFICATION  BASED ON BALLOT DESIGN, USABILITY TESTING AND
 VOTING MACHINES: "VOTE FOR CANDIDATES BY  INDICATING  YOUR  FIRST-CHOICE
 CANDIDATE  AND  RANKING  ADDITIONAL  CANDIDATES  IN ORDER OF PREFERENCE.
 INDICATE YOUR FIRST CHOICE BY INDICATING A NUMBER "1"  BESIDE  A  CANDI-
 DATE'S  NAME,  YOUR  SECOND  CHOICE  BY INDICATING A NUMBER "2" BESIDE A
 CANDIDATE'S NAME, YOUR THIRD CHOICE BY MARKING THE NUMBER "3"  BESIDE  A
 CANDIDATE'S  NAME  AND SO ON. YOU MAY CHOOSE TO RANK ONLY ONE CANDIDATE,
 BUT RANKING ANOTHER CANDIDATE AS A LOWER CHOICE WILL NOT HURT YOUR FIRST
 CHOICE. YOU MAY RANK THE SAME CANDIDATE MORE THAN ONCE,  BUT  THE  ADDI-
 TIONAL RANKING DOES NOT HELP THAT CANDIDATE. DO NOT MARK THE SAME NUMBER
 BESIDE MORE THAN ONE CANDIDATE. DO NOT SKIP NUMBERS."
   5.  THE  BOARD  OF  ELECTIONS, WITH THE APPROVAL OF THE STATE BOARD OF
 ELECTIONS, MAY PROVIDE FOR THE USE OF MECHANICAL,  ELECTRONIC  OR  OTHER
 DEVICES  FOR SORTING AND COUNTING BALLOTS AND TABULATING RESULTS AND MAY
 MODIFY THE FORM OF THE BALLOTS, AND THE METHOD OF SORTING, COUNTING, AND
 INVALIDATING BALLOTS AND THE TABULATING AND  RECOUNTING  OF  VOTES  WITH
 RESPECT  TO OFFICES ELECTED BY INSTANT RUN-OFF VOTING, PROVIDED THAT ANY
 CHANGE MADE SUBSTANTIALLY CONFORMS TO THIS CHAPTER.
   § 2. Paragraph (c) of subdivision 2 of section 7-114 of  the  election
 law,  as  amended by chapter 234 of the laws of 1976, is amended to read
 as follows:
   (c) On the front of the stub, above the perforated line at the top  of
 the paper ballot shall be printed the same instructions as on the gener-
 al  election ballot, AND ADDITIONAL INSTRUCTIONS, IF ANY, REQUIRED UNDER
 SECTION 6-162 OF THIS CHAPTER.
   § 3. This act shall take effect January 1, 2018.

co-Sponsors

2017-S3309A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Rpld & add §6-162, amd §7-114, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6862
2015-2016: S4586
2019-2020: S796
2021-2022: S4296
2023-2024: S6235

2017-S3309A (ACTIVE) - Summary

Relates to instant run-off elections in the city of New York.

2017-S3309A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3309A

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the election law, in relation to instant run-off voting
in the city of New York; and to repeal certain provisions of such law
relating thereto

 
PURPOSE:

To establish instant run-off voting in primary elections for mayor,
public advocate, and comptroller in the city of New York.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill repeals Section 6-162 of the election law and adds
a new Section 6162. Subdivision 1 defines which offices are subject to
instant run-off voting. Subdivision 2 defines instant runoff voting and
provides that a second round of voting, using the instant runoff voting
method, shall take place if the candidate with the most votes receives

less than fifty percent plus one vote in the initial round of voting.
Subdivision 3 provides guidelines for the design of the ballots to be
used in instant run-off elections.  Subdivision 4 defines the
instructions to be printed on the ballot.  Subdivision 5 provides that
the board of elections, with the approval of the state board of
elections, may adopt devices, methods, and ballot formats for sorting,
counting, tabulating, and invalidating votes for offices subject to
instant runoff voting, provided that any such changes substantially
conform to the provisions of this chapter.

Section 2 of the bill amends subdivision 2 of Section 7-114 of the
election law to clarify that the instructions printed on the ballot for
elections subject to instant run-off voting differ from the instructions
typically printed on the ballot and can be found in Section 6162.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Currently, if no candidate in a primary election, with more than two
candidates for mayor, public advocate, or comptroller in New York City
wins more than forty percent of the vote, a run-off election is held
between the top two vote-getters two weeks later. Due to the adoption of
paper ballots and optical scan ballot machines, the New York City Board
of Elections cannot certify the results of a primary within the required
two weeks, nor can it ensure that military and overseas voters receive
their ballots in a timely manner. An instant run-off method would allow
voters to rank their choices and cast their vote for a hypothetical
runoff election at the same time that they cast their vote for the
primary election. Since an instant runoff election eliminates the costs
associated with a runoff election, the threshold for avoiding a runoff
should be raised from a forty percent plurality of the votes cast in the
primary to a fifty percent plus one majority.

 
LEGISLATIVE HISTORY:

2017: S.3309 - Died on Third Reading Calendar
2016: S.4586 - Passed Senate / A.5571 - Referred to Election Law
2015: S.4586 - Passed Senate / A.5571 - Referred to Election Law
2014: S.6862 - Referred to Elections / A.7013 - Referred to Election Law

 
FISCAL IMPACT:

None for the state. The city of New York would save 20 million dollars
for each runoff election that would no longer need to be administered.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2019.

2017-S3309A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3309--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens. LANZA, HAMILTON -- read twice and ordered printed,
   and when printed to be committed 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 amend the election law, in relation to instant run-off voting
   in the city of New York; and to repeal certain provisions of such  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6-162 of the election law is  REPEALED  and  a  new
 section 6-162 is added to read as follows:
   §  6-162.  PRIMARY;  NEW  YORK CITY, INSTANT RUN-OFF VOTING. 1. IN THE
 CITY OF NEW YORK, ANY CITY-WIDE PRIMARY  ELECTIONS  FOR  THE  OFFICE  OF
 MAYOR, PUBLIC ADVOCATE OR COMPTROLLER, IN WHICH MORE THAN TWO CANDIDATES
 APPEAR  ON THE BALLOT FOR THE SAME OFFICE, SHALL BE CONDUCTED BY INSTANT
 RUN-OFF VOTING.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM "INSTANT RUN-OFF VOTING"
 MEANS AN ELECTION IN WHICH VOTERS MAY RANK  UP  TO  FIVE  CANDIDATES  IN
 ORDER  OF  PREFERENCE,  FIRST, SECOND AND SO ON, AND IN WHICH TABULATION
 PROCEEDS IN UP TO TWO ROUNDS AS FOLLOWS: IF THE CANDIDATE WITH THE  MOST
 VOTES  RECEIVES  A VOTE TOTAL LESS THAN FIFTY PERCENT PLUS ONE VOTE, THE
 TWO CANDIDATES WITH THE MOST VOTES PROCEED TO A SECOND ROUND OF  BALLOT-
 COUNTING.  IN  SUCH  SECOND  ROUND, EACH BALLOT IS COUNTED AS A VOTE FOR
 WHICHEVER OF THE TWO ADVANCING  CANDIDATES  IS  RANKED  HIGHER  BY  THAT
 VOTER.  ANY BALLOT THAT DOES NOT RANK EITHER OF THE TWO ADVANCING CANDI-
 DATES  SHALL  NOT BE COUNTED IN THE SECOND ROUND. THE CANDIDATE WITH THE
 MOST VOTES IN THE SECOND ROUND SHALL BE DECLARED THE WINNER.
   3. THAT PORTION OF THE BALLOT PERTAINING  TO  ELECTIONS  CONDUCTED  BY
 INSTANT  RUN-OFF  VOTING SHALL ALLOW A VOTER TO RANK CANDIDATES IN ORDER
 OF CHOICE IN A WAY THAT IS  CLEAR  AND  EASY  TO  UNDERSTAND  AND  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01447-04-8

 S. 3309--A                          2
 
 INCLUDE  THE OPPORTUNITY TO RANK NO MORE THAN ONE WRITE-IN CANDIDATE. TO
 THE EXTENT POSSIBLE, BALLOTS SHALL BE DESIGNED SO THAT A VOTER MAY  MARK
 THAT  VOTER'S FIRST CHOICE IN THE SAME MANNER AS FOR OFFICES NOT ELECTED
 BY INSTANT RUN-OFF VOTING.
   4.  INSTRUCTIONS ON THE BALLOT FOR ELECTIONS CONDUCTED BY INSTANT RUN-
 OFF VOTING MUST CONFORM SUBSTANTIALLY TO THE  FOLLOWING  SPECIFICATIONS,
 SUBJECT  TO  MODIFICATION  BASED ON BALLOT DESIGN, USABILITY TESTING AND
 VOTING MACHINES: "VOTE FOR CANDIDATES BY  INDICATING  YOUR  FIRST-CHOICE
 CANDIDATE  AND  RANKING  ADDITIONAL  CANDIDATES  IN ORDER OF PREFERENCE.
 INDICATE YOUR FIRST CHOICE BY INDICATING A NUMBER "1"  BESIDE  A  CANDI-
 DATE'S  NAME,  YOUR  SECOND  CHOICE  BY INDICATING A NUMBER "2" BESIDE A
 CANDIDATE'S NAME, YOUR THIRD CHOICE BY MARKING THE NUMBER "3"  BESIDE  A
 CANDIDATE'S  NAME  AND SO ON. YOU MAY CHOOSE TO RANK ONLY ONE CANDIDATE,
 BUT RANKING ANOTHER CANDIDATE AS A LOWER CHOICE WILL NOT HURT YOUR FIRST
 CHOICE. YOU MAY RANK THE SAME CANDIDATE MORE THAN ONCE,  BUT  THE  ADDI-
 TIONAL RANKING DOES NOT HELP THAT CANDIDATE. DO NOT MARK THE SAME NUMBER
 BESIDE MORE THAN ONE CANDIDATE. DO NOT SKIP NUMBERS."
   5.  THE  BOARD  OF  ELECTIONS, WITH THE APPROVAL OF THE STATE BOARD OF
 ELECTIONS, MAY PROVIDE FOR THE USE OF MECHANICAL,  ELECTRONIC  OR  OTHER
 DEVICES  FOR SORTING AND COUNTING BALLOTS AND TABULATING RESULTS AND MAY
 MODIFY THE FORM OF THE BALLOTS, AND THE METHOD OF SORTING, COUNTING, AND
 INVALIDATING BALLOTS AND THE TABULATING AND  RECOUNTING  OF  VOTES  WITH
 RESPECT  TO OFFICES ELECTED BY INSTANT RUN-OFF VOTING, PROVIDED THAT ANY
 CHANGE MADE SUBSTANTIALLY CONFORMS TO THIS CHAPTER.
   § 2. Paragraph (c) of subdivision 2 of section 7-114 of  the  election
 law,  as  amended by chapter 234 of the laws of 1976, is amended to read
 as follows:
   (c) On the front of the stub, above the perforated line at the top  of
 the paper ballot shall be printed the same instructions as on the gener-
 al  election ballot, AND ADDITIONAL INSTRUCTIONS, IF ANY, REQUIRED UNDER
 SECTION 6-162 OF THIS CHAPTER.
   § 3. This act shall take effect January 1, 2019.

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Senate Bill S3309

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Apr 30, 2018 - Elections Committee Vote

Elections Committee Vote: Apr 30, 2018

Mar 6, 2017 - Elections Committee Vote

Elections Committee Vote: Mar 6, 2017

Bill Amendments

co-Sponsors

2017-S3309 - Details

2017-S3309 - Summary

2017-S3309 - Sponsor Memo

2017-S3309 - Bill Text download pdf

co-Sponsors

2017-S3309A (ACTIVE) - Details

2017-S3309A (ACTIVE) - Summary

2017-S3309A (ACTIVE) - Sponsor Memo

2017-S3309A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3309

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Jesse Hamilton

2017-S3309 - Details

2017-S3309 - Summary

2017-S3309 - Sponsor Memo

2017-S3309 - Bill Text download pdf

co-Sponsors

Jesse Hamilton

2017-S3309A (ACTIVE) - Details

2017-S3309A (ACTIVE) - Summary

2017-S3309A (ACTIVE) - Sponsor Memo

2017-S3309A (ACTIVE) - Bill Text download pdf

Comments