Bill Text: IA SF348 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring that elections for the offices of senator and representative to Congress, governor and lieutenant governor, and senator and representative in the general assembly be conducted by ranked-choice voting in the general and primary elections and including effective date and applicability provisions.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-03-02 - Subcommittee: Chapman, Anderson, and Bisignano. S.J. 457. [SF348 Detail]
Download: Iowa-2017-SF348-Introduced.html
Senate File 348 - Introduced SENATE FILE BY BOLKCOM A BILL FOR 1 An Act requiring that elections for the offices of senator 2 and representative to Congress, governor and lieutenant 3 governor, and senator and representative in the general 4 assembly be conducted by ranked=choice voting in the general 5 and primary elections and including effective date and 6 applicability provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2020XS (7) 87 aw/jh/sc PAG LIN 1 1 Section 1. Section 39.3, Code 2017, is amended by adding the 1 2 following new subsections: 1 3 NEW SUBSECTION. 8A. "Office elected by ranked=choice 1 4 voting" means the offices of senator and representative to 1 5 Congress, governor and lieutenant governor, and senator and 1 6 representative in the general assembly, and includes nomination 1 7 to such offices by primary election. 1 8 NEW SUBSECTION. 10A. "Ranked=choice voting" means the 1 9 method of casting and tabulating votes in which voters rank 1 10 candidates in order of preference and tabulation proceeds in 1 11 sequential rounds in which last=place candidates are removed 1 12 from further rounds of tabulation until a winner is declared. 1 13 Sec. 2. Section 43.45, subsection 1, Code 2017, is amended 1 14 to read as follows: 1 15 1. Upon the closing of the polls the precinct election 1 16 officials shall immediately publicly canvass the vote. The 1 17 precinct election official shall canvass the vote for an office 1 18 elected by ranked=choice voting according to rules adopted by 1 19 the state commissioner pursuant to section 50.36A. The canvass 1 20 shall be conducted using the procedures established in this 1 21 section which are appropriate for the voting system used in the 1 22 precinct. 1 23 Sec. 3. Section 43.49, Code 2017, is amended by adding the 1 24 following new subsection: 1 25 NEW SUBSECTION. 1A. The board of supervisors shall 1 26 canvass the vote for an office elected by ranked=choice voting 1 27 according to rules adopted by the state commissioner pursuant 1 28 to section 50.36A. 1 29 Sec. 4. Section 43.63, Code 2017, is amended to read as 1 30 follows: 1 31 43.63 Canvass by state board. 1 32 1. Upon receipt of the abstracts of votes from the counties, 1 33 the secretary of state shall immediately open the envelopes 1 34 and canvass the results for all offices. The secretary of 1 35 state shall invite to attend the canvass one representative 2 1 from each political party which, at the last preceding general 2 2 election, cast for its candidate for president of the United 2 3 States or for governor, as the case may be, at least two 2 4 percent of the total vote cast for all candidates for that 2 5 office at that election, as determined by the secretary of 2 6 state. The secretary of state shall notify the chairperson 2 7 of each political party of the time of the canvass. However, 2 8 the presence of a representative from a political party is not 2 9 necessary for the canvass to proceed. 2 10 2. Not later than the twenty=seventh day after the primary 2 11 election, the secretary of state shall present to the state 2 12 board of canvassers abstracts showing the number of ballots 2 13 cast by each political party for each office and a summary of 2 14 the results for each office, showing the votes cast in each 2 15 county and the tabulation of votes for each office elected by 2 16 ranked=choice voting. The state board of canvassers shall 2 17 review the results compiled by the secretary of state and, if 2 18 the results are accurately tabulated, the state board shall 2 19 approve the canvass. 2 20 Sec. 5. Section 43.65, Code 2017, is amended to read as 2 21 follows: 2 22 43.65 Who nominated. 2 23 1. The candidate of each political party for nominationfor 2 24 each office to be filled by the voters of the entire state, and2 25 for each seat in the United States senate, each seat in the 2 26 United States house of representatives, governor and lieutenant 2 27 governor, each seat in the Iowa house of representatives, 2 28 and each seat in the Iowa senate which is to be filled, who 2 29 receives the highest number of votes cast by the voters of that 2 30 party for that nomination, as determined under ranked=choice 2 31 voting, shall be the candidate of that party for that office 2 32 in the general election. 2 33 2. The candidate of each political party for nomination 2 34 for an office to be filled, other than the offices listed 2 35 in subsection 1, who receives the highest number of votes 3 1 cast by the voters of that party for that nomination shall be 3 2 the candidate of that party for that office in the general 3 3 election. However, if there are more than two candidates for 3 4 any nomination and none of the candidates receives thirty=five 3 5 percent or more of the votes cast by voters of that party for 3 6 that nomination, the primary is inconclusive and the nomination 3 7 shall be made as provided by section 43.78, subsection 1, 3 8 paragraph "a", "b" or "c", whichever is appropriate. 3 9 Sec. 6. NEW SECTION. 49.29 Ballot design for ranked=choice 3 10 voting. 3 11 The state commissioner shall adopt rules pursuant to chapter 3 12 17A to provide for the design of ballots for an office elected 3 13 by ranked=choice voting. Under the rules, the ballot design 3 14 must be simple and easy to understand and allow a voter to rank 3 15 candidates for an office in order of preference and allow a 3 16 voter to include no more than one write=in candidate among that 3 17 voter's ranked choices for each office. 3 18 Sec. 7. Section 49.31, subsection 4, Code 2017, is amended 3 19 to read as follows: 3 20 4.TheExcept for an office elected by ranked=choice voting, 3 21 the heading for each office on the ballot shall be immediately 3 22 followed by a notation stating, "Vote for no more than ...", 3 23 and indicating the maximum number of nominees or candidates for 3 24 that office for whom each elector may vote. 3 25 Sec. 8. Section 49.37, subsection 1, paragraph a, Code 2017, 3 26 is amended to read as follows: 3 27 a. Each political party or organization which has 3 28 nominated candidates for more than one office shall be listed. 3 29 Instructions to the voter for straight party or organization 3 30 voting shall be in substantially the following form: 3 31 To vote for all candidates from a single party or 3 32 organization as your only vote or as your highest=ranked vote, 3 33 as the case may be, mark the voting target next to the party 3 34 or organization name. Not all parties or organizations have 3 35 nominated candidates for all offices. Marking a straight party 4 1 or organization vote does not include votes for nonpartisan 4 2 offices, judges, or questions. 4 3 Sec. 9. Section 49.93, Code 2017, is amended to read as 4 4 follows: 4 5 49.93 Number of votes for each office. 4 6 For an office to which one person is to be elected, other 4 7 than an office elected by ranked=choice voting, a voter shall 4 8 not vote for more than one candidate. If two or more persons 4 9 are to be elected to an office, the voter shall vote for no more 4 10 than the number of persons to be elected. If a person votes for 4 11 more than the permitted number of candidates, the vote for that 4 12 office shall not count. Valid votes cast on the rest of the 4 13 ballot shall be counted. 4 14 Sec. 10. Section 49.94, unnumbered paragraph 1, Code 2017, 4 15 is amended to read as follows: 4 16 If all the candidates for whom a voter desires to vote as 4 17 the voter's only vote in any election other than the primary 4 18 election, or as the voter's highest=ranked vote for an office 4 19 elected by ranked=choice voting in any election, were nominated 4 20 by the same political party or nonparty political organization, 4 21 and the voter desires to vote for all candidates nominated by 4 22 that political party or organization, the voter may do so in 4 23 any one of the following ways: 4 24 Sec. 11. Section 50.1A, Code 2017, is amended to read as 4 25 follows: 4 26 50.1A Canvass by officials. 4 27 1. At every election conducted under chapter 49, except 4 28 the primary election provided for by chapter 43 or any other 4 29 election for an office elected by ranked=choice voting, and at 4 30 every other election unless the law authorizing the election 4 31 otherwise requires, the vote shall be canvassed at each polling 4 32 place by the election board in the manner prescribed by this 4 33 chapter. When the poll is closed, the precinct election 4 34 officials shall forthwith, and without adjournment: 4 351.a. Publicly canvass the vote, and credit each candidate 5 1 with the number of votes counted for the candidate. 5 22.b. Ascertain the result of the vote. 5 33.c. Prepare in writing a list of any apparently or 5 4 possibly erroneous information appearing in the precinct 5 5 election register. 5 64.d. Designate two election board members, not members 5 7 of the same political party, who shall each separately keep a 5 8 tally list of the count. 5 9 2. The precinct election officials shall canvass the vote 5 10 for an office elected by ranked=choice voting according to 5 11 rules adopted by the state commissioner pursuant to section 5 12 50.36A. 5 13 Sec. 12. Section 50.22, Code 2017, is amended to read as 5 14 follows: 5 15 50.22 Special precinct board to determine challenges and 5 16 canvass absentee ballots. 5 17 1. a. Upon being reconvened, the special precinct election 5 18 board shall review the information upon the envelopes bearing 5 19 the provisional ballots, and all evidence submitted in support 5 20 of or opposition to the right of each challenged person to vote 5 21 in the election. The board may divide itself into panels of 5 22 not less than three members each in order to hear and determine 5 23 two or more challenges simultaneously, but each panel shall 5 24 meet the requirements of section 49.12 as regards political 5 25 party affiliation of the members of each panel. 5 26 b. The decision to count or reject each ballot shall be 5 27 made upon the basis of the information given on the envelope 5 28 containing the provisional ballot, the evidence concerning 5 29 the challenge, the registration and the returned receipts of 5 30 registration. 5 31 2. If a provisional ballot is rejected, the person casting 5 32 the ballot shall be notified by the commissioner within ten 5 33 days of the reason for the rejection, on the form prescribed 5 34 by the state commissioner pursuant to section 53.25, and the 5 35 envelope containing the provisional ballot shall be preserved 6 1 unopened and disposed of in the same manner as spoiled ballots. 6 2 The provisional ballots which are accepted shall be counted 6 3 in the manner prescribed by section 53.23, subsection 5. The 6 4 commissioner shall make public the number of provisional 6 5 ballots rejected and not counted, at the time of the canvass of 6 6 the election. 6 7 3. a. The special precinct board shall also canvass any 6 8 absentee ballots which were received after the polls closed 6 9 in accordance with section 53.17. If necessary, they shall 6 10 reconvene again on the day of the canvass by the board of 6 11 supervisors to canvass any absentee ballots which were timely 6 12 received. The special precinct board shall submit their tally 6 13 list to the supervisors before the conclusion of the canvass 6 14 by the board. 6 15 b. The special precinct board shall canvass the vote for 6 16 an office elected by ranked=choice voting according to rules 6 17 adopted by the state commissioner pursuant to section 50.36A. 6 18 Sec. 13. Section 50.24, Code 2017, is amended by adding the 6 19 following new subsection: 6 20 NEW SUBSECTION. 1A. The board of supervisors shall 6 21 canvass the vote for an office elected by ranked=choice voting 6 22 according to rules adopted by the state commissioner. 6 23 Sec. 14. Section 50.25, subsection 1, Code 2017, is amended 6 24 to read as follows: 6 25 1. At the canvass of the general election, the abstract of 6 26 the votes for each of the following classes shall be made on a 6 27 different sheet, as provided for in rules adopted by the state 6 28 commissioner pursuant to section 50.36A: 6 29 a. President and vice president of the United States. 6 30 b. Senator in the Congress of the United States. 6 31 c. Representative in the Congress of the United States. 6 32 d. Governor and lieutenant governor. 6 33 e. A state officer not otherwise provided for. 6 34 f. Senator or representative in the general assembly by 6 35 districts. 7 1 Sec. 15. NEW SECTION. 50.36A Offices elected by 7 2 ranked=choice voting == determination of winner. 7 3 1. As used in this section, unless the context otherwise 7 4 indicates, the following terms have the following meanings: 7 5 a. "Batch elimination" means the simultaneous removal from 7 6 further rounds of tabulation of multiple candidates for whom it 7 7 is mathematically impossible to be elected. 7 8 b. "Continuing ballot" means a ballot that is not an 7 9 exhausted ballot. 7 10 c. "Continuing candidate" means a candidate who has not been 7 11 removed from further rounds of tabulation. 7 12 d. "Exhausted ballot" means a ballot that does not rank 7 13 any continuing candidate, contains an overvote at the highest 7 14 continuing ranking, or contains two or more sequential skipped 7 15 rankings before its highest continuing ranking. 7 16 e. "Highest continuing ranking" means the highest ranking on 7 17 a voter's ballot for a continuing candidate. 7 18 f. "Last=place candidate" means the candidate with the 7 19 fewest votes in a round of the ranked=choice voting tabulation. 7 20 g. "Mathematically impossible to be elected", with respect to 7 21 a candidate, means either of the following: 7 22 (1) The candidate cannot be elected because the candidate's 7 23 vote total in a round of the ranked=choice voting tabulation 7 24 plus all votes that could possibly be transferred to the 7 25 candidate in future rounds from candidates with fewer votes or 7 26 an equal number of votes would not be enough to surpass the 7 27 candidate with the next highest vote total in the round. 7 28 (2) The candidate has a lower vote total than a candidate 7 29 described in subparagraph (1). 7 30 h. "Overvote" means a circumstance in which a voter has 7 31 ranked more than one candidate for the same office with the 7 32 same ranking number. 7 33 i. "Ranking" means the number assigned on a ballot by a 7 34 voter to a candidate to express the voter's preference for that 7 35 candidate, with ranking number one being the highest ranking. 8 1 j. "Round" means an instance of the sequence of voting 8 2 tabulation steps established in subsection 2. 8 3 k. "Skipped ranking" means a circumstance in which a voter 8 4 omits a ranking number and subsequently ranks a candidate using 8 5 a lower ranking number than the ranking number omitted. 8 6 2. Except as provided in subsections 3 and 4, the procedures 8 7 in this subsection shall be used to determine the winner in 8 8 an election for an office elected by ranked=choice voting. 8 9 Tabulation shall proceed in rounds. In each round, the number 8 10 of votes for each continuing candidate shall be counted. Each 8 11 continuing ballot counts as one vote for its highest=ranked 8 12 continuing candidate for that round. Exhausted ballots shall 8 13 not be counted for any continuing candidate. If there are 8 14 more than two continuing candidates, the last=place candidate 8 15 is removed from further rounds of tabulation and a new round 8 16 begins. If there are two or fewer continuing candidates, 8 17 the tabulation ends and the candidate with the most votes is 8 18 declared the winner of the election. 8 19 3. If a voter has marked a voting target next to the name 8 20 of a political party or nonparty political organization in 8 21 the straight party or organization section of the ballot, the 8 22 candidate of that party or organization shall be considered 8 23 the voter's highest ranking of a candidate, unless the voter 8 24 indicates on the voter's ballot a different intent under a 8 25 particular office. 8 26 4. A tie under this section between candidates for the 8 27 most votes in the final round of tabulation or a tie between 8 28 last=place candidates in any round of tabulation shall be 8 29 decided by lot, and the candidate chosen by lot is removed from 8 30 further rounds of tabulation. The result of the tie resolution 8 31 must be recorded in the event of a recount. 8 32 5. Modification of a ranked=choice voting ballot and 8 33 tabulation is permitted in accordance with the following: 8 34 a. The number of allowable rankings may be limited to no 8 35 fewer than six. 9 1 b. Two or more candidates may be removed from further rounds 9 2 of tabulation by batch elimination in any round of tabulation. 9 3 6. The state commissioner shall adopt rules pursuant to 9 4 chapter 17A to provide for the tallying, canvassing, and 9 5 tabulation of ballots for an office elected by ranked=choice 9 6 voting. 9 7 Sec. 16. Section 50.39, Code 2017, is amended to read as 9 8 follows: 9 9 50.39 Abstract. 9 10 The state board of canvassers shall make an abstract stating 9 11 the number of ballots cast for each office, the names of all 9 12 the persons voted for, for what office, the number of votes 9 13 each received by ranked=choice voting or otherwise, and whom 9 14 the state board of canvassers declares to be elected, and if a 9 15 public question has been submitted to the voters of the state, 9 16 the number of ballots cast for and against the question and 9 17 a declaration of the result as determined by the canvassers; 9 18 which. The abstract shall be signed by the canvassers in their 9 19 official capacity and as state canvassers, and have the seal of 9 20 the state affixed. 9 21 Sec. 17. Section 53.20, subsection 1, Code 2017, is amended 9 22 to read as follows: 9 23 1. There is established in each county a special precinct to 9 24 be known as the absentee ballot and special voters precinct. 9 25 Its jurisdiction shall be conterminous with the borders of the 9 26 county, for the purposes specified by sections 53.22 and 53.23, 9 27 and the requirement that precincts not cross the boundaries 9 28 of legislative districts shall not be applicable to it. The 9 29 commissioner shall draw up an election board panel for the 9 30 special precinct in the manner prescribed by section 49.15, 9 31 having due regard for the nature and extent of the duties 9 32 required of members of the election board and the election 9 33 officers to be appointed from the panel, including, if directed 9 34 by the commissioner, the tallying and recording of write=in 9 35 votes. A special precinct election board shall tally and 10 1 record the votes for an office elected by ranked=choice voting 10 2 according to rules adopted by the state commissioner pursuant 10 3 to section 50.36A. 10 4 Sec. 18. EFFECTIVE DATE. This Act takes effect January 1, 10 5 2018. 10 6 Sec. 19. APPLICABILITY. This Act applies to elections held 10 7 on or after January 1, 2018. 10 8 EXPLANATION 10 9 The inclusion of this explanation does not constitute agreement with 10 10 the explanation's substance by the members of the general assembly. 10 11 This bill provides ranked=choice voting for the offices of 10 12 United States senator, United States representative, governor, 10 13 lieutenant governor, and senator and representative in the 10 14 general assembly for general and primary elections held on or 10 15 after January 1, 2018. Ranked=choice voting is a method of 10 16 casting and tabulating votes in which voters rank candidates 10 17 in order of preference, tabulation proceeds in rounds in which 10 18 last=place candidates are removed from further rounds of 10 19 tabulation, and the candidate with the most votes in the final 10 20 round is elected. 10 21 The bill requires the state commissioner of elections 10 22 (secretary of state) to adopt rules for the tallying, 10 23 canvassing, and tabulation of ballots for an office elected by 10 24 ranked=choice voting. The state commissioner of elections is 10 25 also required to provide, by rule, for the design of ballots 10 26 for an office elected by ranked=choice voting. 10 27 The bill takes effect January 1, 2018, and applies to 10 28 elections held on or after January 1, 2018. LSB 2020XS (7) 87 aw/jh/sc
