NY State Senate Bill 2019-S796

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 08, 2020	referred to elections
Jan 09, 2019	referred to elections

2019-S796 (ACTIVE) - Details

See Assembly Version of this Bill:: A1420
Current Committee:: Senate Elections
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
2017-2018: S3309, A10844
2021-2022: S4296, A2051
2023-2024: S6235

2019-S796 (ACTIVE) - Summary

Relates to instant run-off elections in the city of New York for any city wide elections for the office of mayor, public advocate or comptroller.

2019-S796 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S796

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:

2018:S.3309-A- Third Reading Calendar/ A.10844 - Referred to Election
Law
2017:S.3309 -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, 2021.

2019-S796 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    796
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.
                                                            LBD01810-01-9

 S. 796                              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, 2021.

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Senate Bill S796

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2019-S796 (ACTIVE) - Details

2019-S796 (ACTIVE) - Summary

2019-S796 (ACTIVE) - Sponsor Memo

2019-S796 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S796

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Elections Committee

2019-S796 (ACTIVE) - Details

2019-S796 (ACTIVE) - Summary

2019-S796 (ACTIVE) - Sponsor Memo

2019-S796 (ACTIVE) - Bill Text download pdf

Comments