S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    90
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL, EPSTEIN, STIRPE -- 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

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

                                                            LBD00497-01-5
 A. 90                               2
 
 PROMULGATE  RULES  AND  REGULATIONS  MANDATING  ALL  COUNTY  BOARDS   OF
 ELECTIONS  TO  CONDUCT  ALL  STATE, LOCAL AND FEDERAL PRIMARY ELECTIONS,
 EXCLUDING THE PRESIDENTIAL PRIMARY, HELD IN THE YEAR TWO THOUSAND  TWEN-
 TY-SEVEN  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, 2027.