BILL NUMBER: S2625

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the election law, in relation to primary elections in
the city of New York; 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 harmonizes the Election Law with the provision of the New York
City Charter that was adopted, pursuant to an overwhelming majority of
voters in the City of New York. The legislation would allow voters the
choice of ranking up to five candidates in primary and special elections
for Mayor, Public Advocate, Comptroller, Borough President, and City
Council starting in January 2021.

This 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 rounds of
counting based on the votes cast for them on the ballots of eliminated
candidates. This bill clarifies state law accordingly.

 
SUMMARY OF PROVISIONS:

§ 1.Amends the Election Law to clarify that municipal elections within
the City of New York shall be operated pursuant to the New York City
Charter and Administrative Code provisions that establish an instant
run-off or ranked choice voting system.

§ 2 and 3. Amends the Administrative Code of the City of New York to
remove unnecessary references to a run-off primary.

§ 4. Provides that the act shall take effect immediately and apply to
all New York City municipal elections conducted on or after January 1,
2021, consistent with the New York City Charter.

 
EXISTING LAW:

The New York City Charter now directs that the City of New York shall
use a system of instant run-off or ranked choice voting elections.  This
conforms State Election Law with the recent revision to the City Char-
ter.

 
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 turnout.


The current run-off system of voting in primary elections for offices of
mayor, comptroller and public advocate in New York City is unduly expen-
sive 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 turnouts of runoff elections.
Recognizing the great value in implementing this system, New York City
residents overwhelmingly approved a revision to the City Charter at the
2019 November election. As a result, beginning in 2021, New York City
will use ranked choice voting processes. This legislation codifies the
approved revision to the City Charter in November 2019 referendum.

 
LEGISLATIVE HISTORY:

2019 Referred to Senate Elections

2019 Referred to Assembly Elections

2018 Referred to Senate Elections

2017 Referred to Senate Elections

2016 Referred to Senate Elections

2015 Referred to Senate Elections

 
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.