S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8830
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced by M. of A. KELLES -- 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 certain local 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 that 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 that 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 insures 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05089-01-3
 A. 8830                             2
 
 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 at the option
 of local governments in the years 2026  and  2027.  This  pilot  program
 would  permit  the state legislature to evaluate the broader application
 of the ranked choice voting method to elections in New York state.
   § 2. 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 AUTHORIZED IN CERTAIN CASES.
         18-104. RANKED CHOICE VOTING METHOD; BALLOTS.
         18-106. RANKED CHOICE VOTING METHOD; PROCEDURES.
         18-108. VOTER EDUCATION.
         18-110. 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.
   §  18-102. RANKED CHOICE VOTING METHOD AUTHORIZED IN CERTAIN CASES. 1.
 FOR ELECTIONS TO BE HELD IN THE YEARS TWO THOUSAND  TWENTY-SIX  AND  TWO
 THOUSAND  TWENTY-SEVEN,  LOCAL  GOVERNMENTS  ARE  HEREBY  AUTHORIZED  TO
 CONDUCT ELECTIONS UTILIZING THE RANKED  CHOICE  VOTING  METHOD  FOR  THE
 FOLLOWING ELECTIONS: (A) MEMBER OF THE BOARD OF EDUCATION IN THE CASE OF
 A  SCHOOL  DISTRICT,  (B)  COUNTY EXECUTIVE AND COUNTY LEGISLATOR IN THE
 CASE OF A COUNTY, (C) MAYOR, MEMBER OF CITY  COUNCIL,  PUBLIC  ADVOCATE,
 COMPTROLLER,  AND  BOROUGH  PRESIDENT,  IN  THE CASE OF A CITY, (D) TOWN
 SUPERVISOR AND MEMBER OF TOWN COUNCIL IN THE CASE OF  A  TOWN,  AND  (E)
 MAYOR  AND  VILLAGE  TRUSTEE IN THE CASE OF A VILLAGE.  "ELECTION" SHALL
 INCLUDE THE GENERAL ELECTION AND PRIMARY, WHERE APPLICABLE.
   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  ELECTION
 FOR WHICH RANKED CHOICE VOTING WILL BE UTILIZED.
   4.  THE  PROVISIONS  OF  SECTIONS 18-104, 18-106, 18-108 AND 18-110 OF
 THIS ARTICLE SHALL APPLY ONLY WHEN THREE OR MORE  CANDIDATES  HAVE  BEEN
 NOMINATED  OR  DESIGNATED FOR AN OFFICE ENUMERATED IN SUBDIVISION ONE OF
 A. 8830                             3
 
 THIS SECTION, AND THE GOVERNING BODY OF THE LOCAL GOVERNMENT HAS ENACTED
 A RESOLUTION IMPLEMENTING THE RANKED CHOICE VOTING METHOD.
   § 18-104. 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 ABSENTEE
 BALLOT.
   4.  THE APPROPRIATE ELECTION OFFICIAL FOR A LOCAL GOVERNMENT WHERE THE
 RANKED CHOICE VOTING METHOD HAS BEEN AUTHORIZED BY SAID 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.
   § 18-106. 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
 A. 8830                             4
 
 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.
   §  18-108.  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.
   § 18-110. CONSTRUCTION. ALL 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 CHAP-
 TER.
   § 3. 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.
   § 4. This act shall take effect immediately, and shall expire December
 31, 2027 when upon such date the provisions of this act shall be  deemed
 repealed.    Effective immediately the addition, amendment and/or repeal
 of any rule or regulation necessary for the implementation of  this  act
 on  its  effective  date  are  authorized to be made and completed on or
 before such date.