S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    479
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. CARROLL, EPSTEIN -- 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 nonpartisan primary elections
 
   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; NONPARTISAN PRIMARY ELECTIONS
 SECTION 18-100. DEFINITIONS.
         18-102. RANKED CHOICE  VOTING  METHOD  FOR  NONPARTISAN  PRIMARY
                    ELECTIONS.
         18-104. PROCEDURES.
         18-106. BALLOTS.
         18-108. VOTER EDUCATION.
         18-110. CONSTRUCTION.
   §  18-100.  DEFINITIONS.  FOR PURPOSES OF THIS SECTION, "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  BY
 PREFERENCE  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. THE PROCESS SHALL BE REPEATED UNTIL TWO CANDIDATES REMAIN
 ON THE BALLOT. THE FINAL TWO CANDIDATES SHALL  ADVANCE  TO  THE  GENERAL
 ELECTION.
   §   18-102.  RANKED  CHOICE  VOTING  METHOD  FOR  NONPARTISAN  PRIMARY
 ELECTIONS. 1.   THE STATE BOARD OF ELECTIONS  IS  HEREBY  AUTHORIZED  TO
 PROMULGATE   RULES  AND  REGULATIONS  MANDATING  ALL  COUNTY  BOARDS  OF

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01100-01-3
              

 A. 479                              2
 
 ELECTIONS TO CONDUCT ALL STATE, LOCAL  AND  FEDERAL  PRIMARY  ELECTIONS,
 EXCLUDING  THE PRESIDENTIAL PRIMARY, HELD IN THE YEAR TWO THOUSAND TWEN-
 TY-FIVE AND EACH YEAR THEREAFTER, UTILIZING  THE  RANKED  CHOICE  VOTING
 METHOD.
   2.  THE PROVISIONS OF THIS ARTICLE SHALL APPLY ONLY WHEN MORE THAN TWO
 CANDIDATES HAVE BEEN NOMINATED OR DESIGNATED FOR AN OFFICE ENUMERATED IN
 SUBDIVISION ONE OF THIS SECTION.
   § 18-104. PROCEDURES. 1. ALL REGISTERED VOTERS OTHERWISE QUALIFIED  TO
 VOTE SHALL BE PERMITTED TO VOTE FOR THE CANDIDATE OF THEIR CHOICE IN THE
 PRIMARY ELECTION REGARDLESS OF SUCH VOTER'S POLITICAL PARTY AFFILIATION.
   2.  ANY PERSON WHO MEETS THE PRIMARY ELECTION QUALIFICATIONS MAY PETI-
 TION AS A CANDIDATE IN SUCH PRIMARY ELECTION AS A MEMBER OF THE PARTY IN
 WHICH SUCH CANDIDATE IS REGISTERED.
   3. ALL CANDIDATES FOR A GIVEN OFFICE  SHALL  BE  LISTED  ON  A  SINGLE
 PRIMARY  BALLOT.  SUCH BALLOT SHALL CLEARLY DESIGNATE THE PARTY IN WHICH
 EACH CANDIDATE IS REGISTERED.  THE TOP TWO CANDIDATES AS  DETERMINED  BY
 THE  RANKED CHOICE VOTING METHOD, SHALL ADVANCE TO THE GENERAL ELECTION,
 REGARDLESS OF POLITICAL PARTY  AFFILIATION.  THE  WINNER  SHALL  BE  THE
 CANDIDATE  RECEIVING  THE  GREATEST  NUMBER OF VOTES CAST IN THE GENERAL
 ELECTION.
   § 18-106. 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 BASED ON PREFERENCE. 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, YOUR FOURTH CHOICE BY MARKING THE NUMBER
 "4" BESIDE A CANDIDATE'S NAME AND  YOUR  FIFTH  CHOICE  BY  MARKING  THE
 NUMBER  "5"  BESIDE  A CANDIDATE'S NAME. YOU MAY CHOOSE TO RANK ONLY ONE
 CANDIDATE, BUT RANKING ADDITIONAL CANDIDATES WILL NOT HURT  THE  CHANCES
 OF  YOUR  FIRST-CHOICE CANDIDATE. YOU MAY NOT RANK MORE THAN FIVE CANDI-
 DATES.  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.
   § 18-108. VOTER EDUCATION. THE STATE BOARD OF ELECTIONS SHALL  CONDUCT
 A  VOTER EDUCATION CAMPAIGN ON THE RANKED CHOICE VOTING SYSTEM TO FAMIL-
 IARIZE VOTERS WITH THE BALLOT DESIGN, METHOD OF VOTING,  AND  ADVANTAGES
 OF DETERMINING A MAJORITY WINNER IN A SINGLE ELECTION.
   §  18-110.  CONSTRUCTION.  ALL  PRIMARY  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 ARTICLE.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 primary elections on or after January 1, 2025.