S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4495
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08751-01-1
              

 A. 4495                             2
 
   § 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,
 TO  BE  HELD  IN  THE  YEAR  TWO THOUSAND TWENTY-THREE 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-
 THREE 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.

 A. 4495                             3
 
   §  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:
   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, 2023.