Bill Text: NY A00090 | 2025-2026 | General Assembly | Introduced


Bill Title: Establishes a ranked choice voting method for nonpartisan primary elections.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2025-01-08 - referred to election law [A00090 Detail]

Download: New_York-2025-A00090-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           90

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (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:

     1    Section 1. The election law is amended by adding a new article  18  to
     2  read as follows:
     3                                 ARTICLE 18
     4             RANKED CHOICE VOTING; NONPARTISAN PRIMARY ELECTIONS
     5  Section 18-100. Definitions.
     6          18-102. Ranked  choice  voting  method  for  nonpartisan primary
     7                     elections.
     8          18-104. Procedures.
     9          18-106. Ballots.
    10          18-108. Voter education.
    11          18-110. Construction.
    12    § 18-100. Definitions. For purposes of this  section,  "ranked  choice
    13  voting  method" shall mean a method of casting and tabulating votes that
    14  simulates the ballot counts that would occur if all voters  participated
    15  in  a  series of runoff elections, whereby the voters rank candidates by
    16  preference and, if no candidate has received a majority of  votes  cast,
    17  then  the candidate with the fewest first choice votes is eliminated and
    18  the remaining candidates advance to another  counting  round.  In  every
    19  round, each ballot is counted as one vote for the highest ranked advanc-
    20  ing candidate. The process shall be repeated until two candidates remain
    21  on  the  ballot.  The  final two candidates shall advance to the general
    22  election.
    23    §  18-102.  Ranked  choice  voting  method  for  nonpartisan   primary
    24  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

     1  promulgate  rules  and  regulations  mandating  all  county  boards   of
     2  elections  to  conduct  all  state, local and federal primary elections,
     3  excluding the presidential primary, held in the year two thousand  twen-
     4  ty-seven  and  each  year thereafter, utilizing the ranked choice voting
     5  method.
     6    2. The provisions of this article shall apply only when more than  two
     7  candidates have been nominated or designated for an office enumerated in
     8  subdivision one of this section.
     9    §  18-104. Procedures. 1. All registered voters otherwise qualified to
    10  vote shall be permitted to vote for the candidate of their choice in the
    11  primary election regardless of such voter's political party affiliation.
    12    2. Any person who meets the primary election qualifications may  peti-
    13  tion as a candidate in such primary election as a member of the party in
    14  which such candidate is registered.
    15    3.  All  candidates  for  a  given  office shall be listed on a single
    16  primary ballot. Such ballot shall clearly designate the party  in  which
    17  each  candidate  is registered.  The top two candidates as determined by
    18  the ranked choice voting method, shall advance to the general  election,
    19  regardless  of  political  party  affiliation.  The  winner shall be the
    20  candidate receiving the greatest number of votes  cast  in  the  general
    21  election.
    22    §  18-106. Ballots. 1. For offices subject to the ranked choice voting
    23  method, the ballot shall be simple and easy to understand  and  allow  a
    24  voter to rank candidates for an office based on preference. If feasible,
    25  ballots  shall  be  designed so that a voter may mark that voter's first
    26  choices in the same manner as that for offices not elected by the ranked
    27  choice voting method.
    28    2. Instructions on the  ballot  shall  conform  substantially  to  the
    29  following  specifications,  although  subject  to modification, based on
    30  ballot design and voting machine:
    31    "Vote for candidates by indicating  your  first-choice  candidates  in
    32  order  of  preference.  Indicate your first choice by marking the number
    33  "1" beside a candidate's name, your second choice by marking the  number
    34  "2"  beside  a candidate's name, your third choice by marking the number
    35  "3" beside a candidate's name, your fourth choice by marking the  number
    36  "4"  beside  a  candidate's  name  and  your fifth choice by marking the
    37  number "5" beside a candidate's name. You may choose to  rank  only  one
    38  candidate,  but  ranking additional candidates will not hurt the chances
    39  of your first-choice candidate. You may not rank more than  five  candi-
    40  dates.    Do not mark the same number beside more than one candidate. Do
    41  not skip numbers."
    42    3. A sample ballot for an office subject to the ranked  choice  voting
    43  method  shall  illustrate  the  voting  procedure  for the ranked choice
    44  voting method.  Such a sample ballot shall be included with each  absen-
    45  tee ballot.
    46    §  18-108. Voter education. The state board of elections shall conduct
    47  a voter education campaign on the ranked choice voting system to  famil-
    48  iarize  voters  with the ballot design, method of voting, and advantages
    49  of determining a majority winner in a single election.
    50    § 18-110. Construction. All  primary  elections  held  by  the  ranked
    51  choice  voting  method  pursuant to this article shall be subject to all
    52  the other provisions of this  chapter  and  all  other  applicable  laws
    53  relating to elections, so far as is applicable and not inconsistent with
    54  this article.
    55    §  2.  This  act  shall take effect immediately and shall apply to all
    56  primary elections on or after January 1, 2027.
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