NY State Senate Bill 2021-S824

Senate Bill S824

2021-2022 Legislative Session

Creates a pilot program to provide for a ranked choice voting method to be used in up to ten local governments for two years and provides for repeal of provisions

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Archive: Last Bill Status - Stricken

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 11, 2021	recommit, enacting clause stricken
Jan 06, 2021	referred to elections

co-Sponsors

2021-S824 (ACTIVE) - Details

Law Section:: Elections
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3589
2011-2012: S422
2013-2014: S3274
2015-2016: S2738
2017-2018: S5605
2019-2020: S2517

2021-S824 (ACTIVE) - Summary

Creates a pilot program to provide for an instant runoff voting method to be used in up to ten local governments, selected by the state board of elections, in election years 2024 and 2025; requires report to state legislature.

2021-S824 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S824

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to create a pilot program to test a ranked choice voting method
of elections; and providing for the repeal of such provisions upon expi-
ration thereof

 
PURPOSE OR GENERAL IDEA OF BILL::

This act would permit the use of the ranked choice voting method on a
trial basis in certain local elections in years 2024 and 2025. This
pilot program would permit the State Legislature to evaluate the broader
application or the ranked choice voting method to elections in New York
State.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1. Legislative Findings Definitions

Section 2. Definitions

Section 3. Pilot Program

Section 4. Ballot features and designs

Section 5. Procedures for determining a winner using ranked choice
voting method

Section 6. Voter Education Section 7. Construal

Section 8. Severability Section 9. Effective Date

 
JUSTIFICATION::

The current system of elections often results in the election of a
candidate that does not have the majority of the electorate when there
are three or more candidates running for an elected office.  When there
are three or more candidates in an election, voters often will not vote
for their preferred candidate to avoid "wasting" their vote on a "spoil-
er" candidate.. Rather, they will vote against a candidate they dislike,
by voting for a leading candidate that they perceive as the lesser of
two evils. The result of the current system in multi-candidate elections
can be the selection of candidates that lack majority party support. In
the City of New York, where runoff elections are required for certain
offices, where no candidate receives 40% or more of the vote, the result
is that a separate, expensive run-off primary is conducted that often
results in reduced participation at the run-off election. The ranked
choice voting (RCV) method provides for the majority election for elec-
tive offices. Ranked choice voting gives voters the option to rank
candidates according to the order of their choice. If no candidate
obtains a majority of first choice votes, then the candidate receiving
the fewest first choice votes is eliminated. Each vote cast for the
eliminated candidate shall be transferred to the candidate who was the
voter's next choice on the ballot. The process is continued until a
candidate receives a majority of the votes.


Maine approved RCV in ballot measures in 2016 and 2018. In the November
2018 election, Maine declared a winner in the nation's first congres-
sional election determined by RCV. More than 60 percent of voters in
exit polling favored the more fair and democratic voting method. It has
been used in some states for primaries and for overseas voters' ballots
as well as in municipal elections. Maine is setting an example that
other states could follow. In New York City, Common Cause is advocating
for ranked choice voting to be used in all city races to include both
the primary and general elections.

There are several, potential benefits to the RCV method. First, voters
are free to mark up their ballot for the candidate they truly prefer
without fear that their choice will help elect their least, favorable
candidate. Second, it ensures that the elected candidate has a true
majority support. In addition, the RCV method will (1) promote higher
voter turnout, and (2) encourage positive campaigning, since candidates
will seek second-choice and third-choice votes from voters and will
therefore be less likely to attack other candidates and alienate voters
that support other candidates as their first choice.  In situations
where runoffs are already required, it will eliminate the need for a
second runoff election, with its increased costs and lower voter turn-
out.

The RCV method frees voters to mark their ballots for the candidate they
truly prefer without fear that their choice will help elect their least
preferred candidate.

 
LEGISLATIVE HISTORY::

2019-20 S2517/A7387 Thiele - died in committee
2017-18 S5605/A10886 Thiele - died in committee
2015-16 S2738-A No Same As - died in committee
2013-14 S3274-A No Same As - died in committee
2011-12 S422-A/A7009-A Thiele - notice of committee consideration
discharged and committed to rules
2009-10 S3589-A/A7482-A Thiele - died in committee
2007-08 S4464/A 3616 Thiele - died in committee

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect immediately, and shall remain in full force
and effect until December 31, 2026 when upon such date the provisions of
this act shall empire and be deemed repealed.

2021-S824 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    824
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KRUEGER, LIU, MAY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Elections
 
 AN  ACT  to create a pilot program to test a ranked choice voting method
   of elections; and providing for the repeal  of  such  provisions  upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The current system  of  voting  often
 results  in  the  election of a candidate who does not have the majority
 support of the electorate  when  there  are  three  or  more  candidates
 running  for  an elective office. Further, where there are three or more
 candidates for an elective office, voters often will not vote for  their
 preferred  candidate to avoid "wasting" their vote on a "spoiler" candi-
 date.   Rather, they will vote against  a  candidate  they  dislike,  by
 voting  for  a leading candidate that they perceive as the lesser of two
 evils. The result of the current system in multi-candidate races can  be
 the election of candidates who lack majority support.
   The ranked choice voting method provides for the majority election for
 elective  offices.  Ranked choice voting gives voters the option to rank
 candidates according to the order  of  their  choice.  If  no  candidate
 obtains  a  majority of first-choice votes, then the candidate receiving
 the fewest first-choice votes is eliminated.  Each  vote  cast  for  the
 eliminated  candidate  shall be transferred to the candidate who was the
 voter's next choice on the ballot. The  process  is  continued  until  a
 candidate receives a majority of votes.
   There are several potential benefits to the ranked choice voting meth-
 od.  First,  voters are free to mark their ballot for the candidate they
 truly prefer without fear that their choice will help elect their  least
 preferred  candidate.  Second, it ensures that the elected candidate has
 true majority support. In addition, the ranked choice voting method will
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04347-01-1

 S. 824                              2
 
 (1) promote higher voter turnout, and (2) encourage  positive  campaign-
 ing,  since  candidates  will  seek second-choice and third-choice votes
 from voters and will therefore be less likely to attack other candidates
 and alienate voters that support other candidates as their first choice.
 In  situations where runoffs are already required, it will eliminate the
 need for a second runoff election, with its increased  costs  and  lower
 voter turnout.
   The  ranked  choice  voting  method has been the subject of increasing
 interest across the nation. It has already been adopted by local  refer-
 enda  in  California,  Vermont, and Massachusetts. It is under consider-
 ation in many other states.
   It is the purpose of this act to permit the use of the  ranked  choice
 voting  method on a trial basis in certain local elections in years 2024
 and 2025. This pilot program would permit the state legislature to eval-
 uate the broader application of the  instant  runoff  voting  method  to
 elections in New York state.
   § 2.  Definitions. 1. "Ranked choice voting method" shall mean a meth-
 od 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  advancing
 candidate.
   2.  "Local  government"  shall  mean a county, city, town, village, or
 school district.
   § 3. Pilot program. 1. The state board of elections shall select local
 governments in which to conduct a pilot program during the 2024 and 2025
 elections for local office using ranked choice voting. The  state  board
 shall  select  up  to  ten local governments in 2024 and up to ten local
 governments in 2025.
   2. In selecting local governments the state board shall seek diversity
 of population size, regional location, and demographic composition.  The
 pilot  program  shall  require  the  approval  of  the  county  board of
 elections where said county board conducts the election  for  the  local
 government.  Said  pilot  program shall also require the approval of the
 local government that has been selected for the pilot program.
   3. The state board shall monitor the pilot program and issue a  report
 with  its findings and recommendations to the state legislature by April
 1, 2026.
   4. The state board shall implement the necessary regulations in  order
 to implement this act within ninety days after it shall have become law.
   §  4.   Ranked choice voting method; ballots. 1. For elections subject
 to the ranked choice voting method, the ballot must be simple  and  easy
 to understand and allow a voter to rank candidates 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 must 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  must  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

 S. 824                              3
 
 "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 election subject to the ranked choice voting
 method must illustrate the voting procedure for the ranked choice voting
 method. Such a sample ballot must be included with each absentee ballot.
   4.  The appropriate board of elections shall ensure that the necessary
 voting system, vote tabulation  system,  or  other  similar  or  related
 equipment  shall  be  available  to accommodate the ranked choice voting
 method where the ranked choice voting method is required by this act.
   § 5. Ranked choice voting method; procedures. The following procedures
 shall apply in determining the winner in  an  election  subject  to  the
 ranked choice voting method:
   1. The first choice marked on each ballot must 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 the winner.
   4. If a ballot has no more available choices ranked on it, that ballot
 must  be  declared  exhausted. Where a ballot skips one or more numbers,
 the ballot must be declared exhausted when the skipping  of  numbers  is
 reached.  A  ballot with the same number for two or more candidates must
 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 act.
   § 6. Voter education. Where an  election  is  subject  to  the  ranked
 choice voting method, the appropriate board of elections shall conduct a
 voter education campaign on the ranked choice voting system to familiar-
 ize  voters  with the ballot design, method of voting, and advantages of
 determining a majority  winner  in  a  single  election.  The  board  of
 elections  shall use public service announcements, as well as seek other
 media cooperation to the maximum extent practicable.
   § 7.  Construal. All elections held by the ranked choice voting method
 pursuant to this act shall be subject to all the other provisions of the
 election law and all other applicable laws relating to elections, so far
 as is applicable and not inconsistent with this act.

 S. 824                              4
 
   § 8.  Severability. If any provision of this act  or  the  application
 thereof  shall  for  any  reason  be  adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder of this act, but shall be confined in its oper-
 ation  to  the provision thereof directly involved in the controversy in
 which such judgment shall have been rendered.
   § 9. This act shall take effect immediately, and shall remain in  full
 force  and  effect  until  December  31,  2026  when  upon such date the
 provisions of this act shall expire and be deemed repealed.    Effective
 immediately  the  addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made on or before such date.

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Senate Bill S824

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Sponsored By

Liz Krueger