S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3608
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Election Law
 
 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
 (1) promote higher voter turnout, and (2) encourage  positive  campaign-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08635-01-3
              

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 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 2026
 and 2027. 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 2026 and 2027
 elections for local office using ranked choice voting. The  state  board
 shall  select  up  to  ten local governments in 2026 and up to ten local
 governments in 2027.
   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, 2028.
   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
 "2"  beside  a candidate's name, your third choice by marking the number
 A. 3608                             3
 
 "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.
   §  8.    Severability. If any provision of this act or the application
 thereof shall for any reason be  adjudged  by  any  court  of  competent
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 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,  2028  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 and completed on or before such effective
 date.