NY State Assembly Bill 2019-A9771

Assembly Bill A9771

2019-2020 Legislative Session

Relates to establishing a ranked choice voting method for general elections, special elections and primaries within the state

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Feb 11, 2020	referred to election law

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2019-A9771 (ACTIVE) - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Add Art 18 §§18-100 - 18-112, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A4495
2023-2024: A4351

2019-A9771 (ACTIVE) - Summary

Establishes a ranked choice voting method to be implemented by local governments for use in general elections, special elections and primaries within the state.

2019-A9771 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9771
 
                           I N  A S S E M B L Y
 
                             February 11, 2020
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation to establishing  a  ranked
   choice  voting  method  for  general  elections, special elections and
   primaries within the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The election law is amended by adding a new article 18 to
 read as follows:
                                ARTICLE 18
                        RANKED CHOICE VOTING METHOD
 SECTION 18-100. DEFINITIONS.
         18-102. RANKED CHOICE VOTING METHOD FOR STATE ELECTIONS.
         18-104. RANKED  CHOICE  VOTING  METHOD   PERMITTED   FOR   LOCAL
                   ELECTIONS.
         18-106. RANKED CHOICE VOTING METHOD; BALLOTS.
         18-108. RANKED CHOICE VOTING METHOD; PROCEDURES.
         18-110. VOTER EDUCATION.
         18-112. CONSTRUCTION.
   §  18-100.  DEFINITIONS. 1. "RANKED CHOICE 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.
   § 18-102. RANKED CHOICE VOTING METHOD  FOR  STATE  ELECTIONS.  1.  THE
 STATE  BOARD  OF  ELECTIONS IS HEREBY AUTHORIZED TO PROMULGATE RULES AND
 REGULATIONS MANDATING ALL COUNTY BOARD OF ELECTIONS TO CONDUCT ALL STATE
 ELECTIONS, INCLUDING GENERAL ELECTIONS, SPECIAL ELECTIONS AND PRIMARIES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15081-02-0

 A. 9771                             2
 
 TO BE HELD IN THE  YEAR  TWO  THOUSAND  TWENTY-TWO  AND  FOR  ALL  STATE
 ELECTIONS HELD THEREAFTER, UTILIZING THE RANKED CHOICE VOTING METHOD.
   2.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY ONLY WHEN THREE OR MORE
 CANDIDATES HAVE BEEN NOMINATED OR DESIGNATED FOR A STATE ELECTED  OFFICE
 ENUMERATED IN SUBDIVISION ONE OF THIS SECTION.
   §  18-104.  RANKED CHOICE VOTING METHOD PERMITTED FOR LOCAL ELECTIONS.
 1. FOR ALL LOCAL ELECTIONS TO BE HELD IN THE YEAR TWO  THOUSAND  TWENTY-
 TWO  AND  FOR ALL LOCAL ELECTIONS HELD THEREAFTER, LOCAL GOVERNMENTS ARE
 HEREBY PERMITTED TO CONDUCT ELECTIONS UTILIZING THE RANKED CHOICE VOTING
 METHOD FOR ALL LOCAL ELECTIONS IN THE STATE.
   2. IN ORDER TO IMPLEMENT THE RANKED CHOICE VOTING METHOD  AS  PROVIDED
 IN  SUBDIVISION  ONE  OF  THIS  SECTION, THE GOVERNING BODY OF THE LOCAL
 GOVERNMENT SHALL ADOPT A RESOLUTION IMPLEMENTING THE RANKED CHOICE METH-
 OD AS AUTHORIZED BY THIS ARTICLE. SUCH RESOLUTION SHALL BE SUBJECT TO  A
 PERMISSIVE REFERENDUM.
   3.  SUCH  RESOLUTION  SHALL  BE  ADOPTED BY THE GOVERNING BOARD OF THE
 LOCAL GOVERNMENT AT LEAST ONE  HUNDRED  EIGHTY  DAYS  BEFORE  THE  LOCAL
 ELECTION FOR WHICH RANKED CHOICE VOTING SHALL BE UTILIZED.
   4.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY ONLY WHEN THREE OR MORE
 CANDIDATES HAVE BEEN NOMINATED OR DESIGNATED FOR AN OFFICE ENUMERATED IN
 SUBDIVISION ONE OF THIS SECTION, AND THE GOVERNING  BODY  OF  THE  LOCAL
 GOVERNMENT  HAS  ENACTED  A  RESOLUTION  IMPLEMENTING  THE RANKED CHOICE
 VOTING METHOD.
   § 18-106. RANKED CHOICE VOTING METHOD; BALLOTS. 1. FOR OFFICES SUBJECT
 TO THE RANKED CHOICE VOTING METHOD, THE BALLOT SHALL BE SIMPLE AND  EASY
 TO  UNDERSTAND  AND  ALLOW  A  VOTER TO RANK CANDIDATES FOR AN OFFICE 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
 SHALL 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  RANKED  CHOICE
 VOTING METHOD.
   2.  INSTRUCTIONS  ON  THE  BALLOT  SHALL  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
 NOT MARK THE SAME NUMBER BESIDE MORE THAN ONE  CANDIDATE.  DO  NOT  SKIP
 NUMBERS."
   3.  A  SAMPLE BALLOT FOR AN OFFICE SUBJECT TO THE RANKED CHOICE VOTING
 METHOD SHALL ILLUSTRATE THE  VOTING  PROCEDURE  FOR  THE  RANKED  CHOICE
 VOTING  METHOD.  SUCH A SAMPLE BALLOT SHALL BE INCLUDED WITH EACH ABSEN-
 TEE BALLOT.
   4. THE APPROPRIATE ELECTION OFFICIAL FOR A LOCAL GOVERNMENT WHERE  THE
 RANKED CHOICE VOTING METHOD HAS BEEN AUTHORIZED BY SUCH LOCAL GOVERNMENT
 SHALL  INSURE  THAT THE NECESSARY VOTING SYSTEM, VOTE TABULATION SYSTEM,
 OR OTHER SIMILAR OR RELATED EQUIPMENT SHALL BE AVAILABLE TO  ACCOMMODATE
 THE RANKED CHOICE VOTING METHOD.
   §  18-108.  RANKED  CHOICE  VOTING  METHOD;  PROCEDURES. THE FOLLOWING
 PROCEDURES SHALL APPLY IN DETERMINING THE WINNER IN AN ELECTION  FOR  AN
 OFFICE SUBJECT TO THE RANKED CHOICE VOTING METHOD:

 A. 9771                             3
 
   1.  THE  FIRST CHOICE MARKED ON EACH BALLOT SHALL 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 ELECTED.
   4. IF A BALLOT HAS NO MORE AVAILABLE CHOICES RANKED ON IT, THAT BALLOT
 SHALL BE DECLARED EXHAUSTED. WHERE A BALLOT SKIPS ONE OR  MORE  NUMBERS,
 THAT  BALLOT SHALL BE DECLARED EXHAUSTED WHEN THE SKIPPING OF NUMBERS IS
 REACHED. A BALLOT WITH THE SAME NUMBER FOR TWO OR MORE CANDIDATES  SHALL
 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.
   §  18-110.  VOTER  EDUCATION.  WHERE  A  LOCAL GOVERNMENT SHALL PASS A
 RESOLUTION AUTHORIZING THE RANKED CHOICE VOTING  METHOD,  THE  GOVERNING
 BODY  SHALL  CONDUCT  A  VOTER  EDUCATION  CAMPAIGN ON THE RANKED CHOICE
 VOTING SYSTEM TO FAMILIARIZE VOTERS WITH THE BALLOT  DESIGN,  METHOD  OF
 VOTING,  AND  ADVANTAGES  OF  DETERMINING  A MAJORITY WINNER IN A SINGLE
 ELECTION. THE GOVERNING BODY SHALL USE PUBLIC SERVICE ANNOUNCEMENTS,  AS
 WELL AS SEEK OTHER MEDIA COOPERATION TO THE MAXIMUM EXTENT PRACTICABLE.
   §  18-112.  CONSTRUCTION.  ALL  STATE  AND LOCAL ELECTIONS HELD BY THE
 RANKED CHOICE VOTING METHOD PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
 ALL THE OTHER PROVISIONS OF THIS CHAPTER AND ALL OTHER  APPLICABLE  LAWS
 RELATING TO ELECTIONS, SO FAR AS IS APPLICABLE AND NOT INCONSISTENT WITH
 THIS CHAPTER.
   §  2.  This  act  shall take effect immediately and shall apply to all
 elections held in the state on or after January 1, 2022.

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Assembly Bill A9771

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