Bill Text: NY A09217 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires an instant run-off in any municipal election in New York City; provides that if one candidate for any municipal office receives a majority of first preferences, such candidate is elected;provided, however, if no candidate is the first choice of at least half the voters, the instant runoff re-tabulation shall be performed and then the candidate with the fewest votes is eliminated; makes related changes.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-01-06 - referred to election law [A09217 Detail]
Download: New_York-2009-A09217-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9217
2009-2010 Regular Sessions
I N A S S E M B L Y
October 28, 2009
___________
Introduced by M. of A. LANCMAN, CLARK, GALEF, M. MILLER -- Multi-Spon-
sored by -- M. of A. GLICK, LUPARDO -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to requiring an instant
run-off in any municipal election in New York city; and to repeal
subdivision 5 of section 3-705 and subdivision 6 of section 3-709 of
the administrative code of the city of New York relating to certain
run-off elections in the city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "instant
2 run-off voting act".
3 S 2. Legislative findings. The legislature hereby finds and declares
4 that the run-off system of voting in primary elections for the offices
5 of mayor, comptroller and public advocate in New York city is unduly
6 expensive and generates an unacceptably low turnout of voters. Addi-
7 tionally, the absence of any run-off system at all for the offices of
8 borough president and council member has resulted in candidates being
9 elected with much less than a majority of the votes cast, and signif-
10 icantly dilutes minority voting power when multiple minority candidates
11 compete for the same office. In an "instant run-off" system, voters rank
12 candidates by order of preference, and if no candidate receives a major-
13 ity of first-place votes, the top two candidates have the votes of elim-
14 inated candidates redistributed to them in order of each voter's prefer-
15 ence. The candidate with the most votes after this "second round" is the
16 winner. An instant run-off voting system eliminates the need for a cost-
17 ly and sparsely attended second election, rewards candidates who broaden
18 their appeal as widely as possible, and promotes minority representation
19 by limiting the dilution of minority voting power when multiple minority
20 candidates are on the ballot for the same office.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14813-02-9
A. 9217 2
1 S 3. Section 6-162 of the election law, as amended by chapter 418 of
2 the laws of 1993, is amended to read as follows:
3 S 6-162. [Primary; New York City, run-off. In the city of New York,
4 when no candidate for the office of mayor, public advocate or comp-
5 troller receives forty percent or more of the votes cast by the members
6 of a political party for such office in a city-wide primary election,
7 the board of elections of such city shall conduct a run-off primary
8 election between the two candidates receiving the greatest number of
9 votes for the same office.] INSTANT RUN-OFF VOTING IN NEW YORK CITY. 1.
10 ELECTIONS FOR MUNICIPAL OFFICE IN THE CITY OF NEW YORK SHALL USE AN
11 "INSTANT RUN-OFF VOTING" SYSTEM.
12 2. ON EVERY BALLOT USING INSTANT RUN-OFF VOTING, THE VOTERS SHALL BE
13 GIVEN THE OPPORTUNITY TO RANK CANDIDATES IN THE ORDER OF THEIR PREFER-
14 ENCE.
15 3. THE FOLLOWING PROCEDURES SHALL BE USED TO DETERMINE WINNERS IN
16 INSTANT RUN-OFF VOTING:
17 (A) THE BALLOTS SHALL BE COUNTED INITIALLY ACCORDING TO THE FIRST
18 CHOICE MARKED ON EACH BALLOT. IF ONE CANDIDATE RECEIVES A MAJORITY OF
19 THE VOTES CAST, THE BOARD OF ELECTIONS SHALL CERTIFY THAT CANDIDATE AS
20 THE WINNER.
21 (B) IF AT THE END OF THE INITIAL ROUND OF COUNTING, NO CANDIDATE
22 RECEIVED A MAJORITY OF FIRST CHOICES, ALL CANDIDATES SHALL BE ELIMINATED
23 EXCEPT THE TWO CANDIDATES WITH THE GREATEST NUMBER OF FIRST CHOICES. THE
24 BOARD OF ELECTIONS SHALL THEN CONDUCT A SECOND, FINAL ROUND OF COUNTING
25 IN WHICH BALLOTS THAT RANK ELIMINATED CANDIDATES AS A FIRST CHOICE AND
26 THAT INDICATE ONE OF THE UNELIMINATED CANDIDATES AS AN ALTERNATIVE
27 CHOICE SHALL BE COUNTED AS VOTES FOR WHICHEVER OF THE UNELIMINATED
28 CANDIDATES IS RANKED HIGHER ON EACH BALLOT. IN THE SECOND ROUND, EACH
29 BALLOT IS COUNTED AS ONE VOTE FOR THE HIGHEST RANKED CANDIDATE ON THAT
30 BALLOT WHO HAS NOT BEEN ELIMINATED. THE CANDIDATE WITH THE GREATER
31 NUMBER OF VOTES IN THE SECOND ROUND SHALL BE CERTIFIED AS THE WINNER.
32 (C) IN CASE OF A TIE BETWEEN CANDIDATES SUCH THAT TWO OR MORE CANDI-
33 DATES HAVE AN EQUAL NUMBER OF FIRST CHOICES AND MORE THAN TWO CANDIDATES
34 QUALIFY FOR THE SECOND ROUND, INSTANT RUN-OFF VOTING SHALL BE USED TO
35 DETERMINE WHICH TWO CANDIDATES SHALL ADVANCE TO THE SECOND ROUND.
36 S 4. Subdivision 5 of section 3-705 of the administrative code of the
37 city of New York is REPEALED.
38 S 5. Subdivision 6 of section 3-709 of the administrative code of the
39 city of New York is REPEALED.
40 S 6. This act shall take effect immediately.
