Bill Text: NY S03250 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes an instant runoff voting method for certain local elections for races with three or more candidates; insures majority support for elected officers; provides for repeal of such provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-24 - PRINT NUMBER 3250A [S03250 Detail]
Download: New_York-2013-S03250-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3250--A
2013-2014 Regular Sessions
I N S E N A T E
January 31, 2013
___________
Introduced by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Elections --
recommitted to the Committee on Elections in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to establishing an instant
runoff 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:
1 Section 1. Legislative findings. The current system of voting often
2 results in the election of a candidate that does not have the majority
3 support of the electorate when there are three or more candidates
4 running for an elective office. Further, where there are three or more
5 candidates for an elective office, voters often will not vote for their
6 preferred candidate to avoid "wasting" their vote on a "spoiler" candi-
7 date. Rather, they will vote against a candidate they dislike, by voting
8 for a leading candidate that they perceive as the lesser of two evils.
9 The result of the current system in multi-candidate races can be the
10 election of candidates that lack majority support.
11 The instant runoff voting method provides for the majority election
12 for elective offices. Instant runoff voting gives voters the option to
13 rank candidates according to the order of their choice. If no candidate
14 obtains a majority of first-choice votes, then the candidate receiving
15 the fewest first-choice votes is eliminated. Each vote cast for the
16 eliminated candidate shall be transferred to the candidate who was the
17 voter's next choice on the ballot. The process is continued until a
18 candidate receives a majority of votes.
19 There are several potential benefits to the instant runoff voting
20 method. First, voters are free to mark their ballot for the candidate
21 they truly prefer without fear that their choice will help elect their
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03242-02-4
S. 3250--A 2
1 least preferred candidate. Second, it insures that the elected candidate
2 has true majority support. In addition, the instant runoff voting method
3 will (1) promote higher voter turnout, and (2) encourage positive
4 campaigning, since candidates will seek second-choice and third-choice
5 votes from voters and will therefore be less likely to attack other
6 candidates and alienate voters that support other candidates as their
7 first choice. In situations where runoffs are already required, it will
8 eliminate the need for a second runoff election, with its increased
9 costs and lower voter turnout.
10 The instant runoff voting method has been the subject of increasing
11 interest across the nation. It has already been adopted by local refer-
12 enda in California, Vermont, and Massachusetts. It is under consider-
13 ation in many other states.
14 It is the purpose of this act to permit the use of the instant runoff
15 voting method on a trial basis in certain local elections at the option
16 of local governments in the years 2014, 2015 and 2016. This pilot
17 program would permit the state legislature to evaluate the broader
18 application of the instant runoff voting method to elections in New York
19 state.
20 S 2. The election law is amended by adding a new article 18 to read as
21 follows:
22 ARTICLE 18
23 INSTANT RUNOFF VOTING METHOD
24 SECTION 18-100. DEFINITIONS.
25 18-102. INSTANT RUNOFF VOTING METHOD AUTHORIZED IN CERTAIN
26 CASES.
27 18-104. INSTANT RUNOFF VOTING METHOD; BALLOTS.
28 18-106. INSTANT RUNOFF VOTING METHOD; PROCEDURES.
29 18-108. VOTER EDUCATION.
30 18-110. CONSTRUCTION.
31 S 18-100. DEFINITIONS. 1. "INSTANT RUNOFF VOTING METHOD" SHALL MEAN A
32 METHOD OF CASTING AND TABULATING VOTES THAT SIMULATES THE BALLOT COUNTS
33 THAT WOULD OCCUR IF ALL VOTERS PARTICIPATED IN A SERIES OF RUNOFF
34 ELECTIONS, WHEREBY THE VOTERS RANK CANDIDATES ACCORDING TO THE ORDER OF
35 THEIR CHOICE AND, IF NO CANDIDATE HAS RECEIVED A MAJORITY OF VOTES CAST,
36 THEN THE CANDIDATE WITH THE FEWEST FIRST CHOICE VOTES IS ELIMINATED AND
37 THE REMAINING CANDIDATES ADVANCE TO ANOTHER COUNTING ROUND. IN EVERY
38 ROUND, EACH BALLOT IS COUNTED AS ONE VOTE FOR THE HIGHEST RANKED ADVANC-
39 ING CANDIDATE.
40 2. "LOCAL GOVERNMENT" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, OR
41 SCHOOL DISTRICT.
42 S 18-102. INSTANT RUNOFF VOTING METHOD AUTHORIZED IN CERTAIN CASES. 1.
43 FOR ELECTIONS TO BE HELD IN THE YEARS TWO THOUSAND FOURTEEN, TWO THOU-
44 SAND FIFTEEN, AND TWO THOUSAND SIXTEEN, LOCAL GOVERNMENTS ARE HEREBY
45 AUTHORIZED TO CONDUCT ELECTIONS UTILIZING THE INSTANT RUNOFF VOTING
46 METHOD FOR THE FOLLOWING ELECTIONS: (A) MEMBER OF THE BOARD OF EDUCATION
47 IN THE CASE OF A SCHOOL DISTRICT, (B) COUNTY EXECUTIVE AND COUNTY LEGIS-
48 LATOR IN THE CASE OF A COUNTY, (C) MAYOR, MEMBER OF CITY COUNCIL, PUBLIC
49 ADVOCATE, COMPTROLLER, AND BOROUGH PRESIDENT, IN THE CASE OF A CITY, (D)
50 TOWN SUPERVISOR AND MEMBER OF TOWN COUNCIL IN THE CASE OF A TOWN, AND
51 (E) MAYOR AND VILLAGE TRUSTEE IN THE CASE OF A VILLAGE. "ELECTION"
52 SHALL INCLUDE THE GENERAL ELECTION AND PRIMARY, WHERE APPLICABLE.
53 2. IN ORDER TO IMPLEMENT THE INSTANT RUNOFF VOTING METHOD AS PROVIDED
54 IN SUBDIVISION ONE OF THIS SECTION, THE GOVERNING BODY OF THE LOCAL
S. 3250--A 3
1 GOVERNMENT SHALL ADOPT A RESOLUTION IMPLEMENTING THE INSTANT RUNOFF
2 METHOD AS AUTHORIZED BY THIS ARTICLE. SUCH RESOLUTION SHALL BE SUBJECT
3 TO A PERMISSIVE REFERENDUM.
4 3. SUCH RESOLUTION SHALL BE ADOPTED BY THE GOVERNING BOARD OF THE
5 LOCAL GOVERNMENT AT LEAST ONE HUNDRED EIGHTY DAYS BEFORE THE ELECTION
6 FOR WHICH INSTANT RUNOFF VOTING WILL BE UTILIZED.
7 4. THE PROVISIONS OF SECTIONS 18-104, 18-106, 18-108 AND 18-110 OF
8 THIS ARTICLE SHALL APPLY ONLY WHEN THREE OR MORE CANDIDATES HAVE BEEN
9 NOMINATED OR DESIGNATED FOR AN OFFICE ENUMERATED IN SUBDIVISION ONE OF
10 THIS SECTION, AND THE GOVERNING BODY OF THE LOCAL GOVERNMENT HAS ENACTED
11 A RESOLUTION IMPLEMENTING THE INSTANT RUNOFF VOTING METHOD.
12 S 18-104. INSTANT RUNOFF VOTING METHOD; BALLOTS. 1. FOR OFFICES
13 SUBJECT TO THE INSTANT RUNOFF VOTING METHOD, THE BALLOT SHALL BE SIMPLE
14 AND EASY TO UNDERSTAND AND ALLOW A VOTER TO RANK CANDIDATES FOR AN
15 OFFICE IN ORDER OF CHOICE. A VOTER MAY INCLUDE NO MORE THAN ONE WRITE-IN
16 CANDIDATE AMONG THAT VOTER'S RANKED CHOICES FOR EACH OFFICE. IF FEASI-
17 BLE, BALLOTS SHALL BE DESIGNED SO THAT A VOTER MAY MARK THAT VOTER'S
18 FIRST CHOICES IN THE SAME MANNER AS THAT FOR OFFICES NOT ELECTED BY THE
19 INSTANT RUNOFF VOTING METHOD.
20 2. INSTRUCTIONS ON THE BALLOT SHALL CONFORM SUBSTANTIALLY TO THE
21 FOLLOWING SPECIFICATIONS, ALTHOUGH SUBJECT TO MODIFICATION, BASED ON
22 BALLOT DESIGN AND VOTING MACHINE:
23 "VOTE FOR CANDIDATES BY INDICATING YOUR FIRST-CHOICE CANDIDATES IN
24 ORDER OF PREFERENCE. INDICATE YOUR FIRST CHOICE BY MARKING THE NUMBER
25 "1" BESIDE A CANDIDATE'S NAME, YOUR SECOND CHOICE BY MARKING THE NUMBER
26 "2" BESIDE A CANDIDATE'S NAME, YOUR THIRD CHOICE BY MARKING THE NUMBER
27 "3" BESIDE A CANDIDATE'S NAME AND SO ON, FOR AS MANY CHOICES AS YOU
28 WISH. YOU MAY CHOOSE TO RANK ONLY ONE CANDIDATE, BUT RANKING ADDITIONAL
29 CANDIDATES WILL NOT HURT THE CHANCES OF YOUR FIRST-CHOICE CANDIDATE. DO
30 NOT MARK THE SAME NUMBER BESIDE MORE THAN ONE CANDIDATE. DO NOT SKIP
31 NUMBERS."
32 3. A SAMPLE BALLOT FOR AN OFFICE SUBJECT TO THE INSTANT RUNOFF VOTING
33 METHOD SHALL ILLUSTRATE THE VOTING PROCEDURE FOR THE INSTANT RUNOFF
34 VOTING METHOD. SUCH A SAMPLE BALLOT SHALL BE INCLUDED WITH EACH ABSENTEE
35 BALLOT.
36 4. THE APPROPRIATE ELECTION OFFICIAL FOR A LOCAL GOVERNMENT WHERE THE
37 INSTANT RUNOFF VOTING METHOD HAS BEEN AUTHORIZED BY SAID LOCAL GOVERN-
38 MENT SHALL INSURE THAT THE NECESSARY VOTING SYSTEM, VOTE TABULATION
39 SYSTEM, OR OTHER SIMILAR OR RELATED EQUIPMENT SHALL BE AVAILABLE TO
40 ACCOMMODATE THE INSTANT RUNOFF VOTING METHOD.
41 S 18-106. INSTANT RUNOFF VOTING METHOD; PROCEDURES. THE FOLLOWING
42 PROCEDURES SHALL APPLY IN DETERMINING THE WINNER IN AN ELECTION FOR AN
43 OFFICE SUBJECT TO THE INSTANT RUNOFF VOTING METHOD:
44 1. THE FIRST CHOICE MARKED ON EACH BALLOT SHALL BE COUNTED INITIALLY
45 BY ELECTION OFFICIALS. IF ONE CANDIDATE RECEIVES A MAJORITY OF THE VOTES
46 CAST, EXCLUDING BLANK AND VOID BALLOTS, THAT CANDIDATE SHALL BE DECLARED
47 ELECTED.
48 2. IF NO CANDIDATE RECEIVES A MAJORITY OF FIRST-CHOICE VOTES CAST AT
49 THE END OF THE INITIAL COUNT, THE CANDIDATE RECEIVING THE FEWEST FIRST-
50 CHOICE VOTES SHALL BE ELIMINATED. EACH VOTE CAST FOR THE ELIMINATED
51 CANDIDATE SHALL BE TRANSFERRED TO THE CANDIDATE WHO WAS THE VOTER'S NEXT
52 CHOICE ON THE BALLOT.
53 3. CANDIDATES WITH THE FEWEST VOTES SHALL CONTINUE TO BE ELIMINATED,
54 WITH THE VOTES FOR SUCH CANDIDATES TRANSFERRED TO THE CANDIDATE WHO WAS
55 EACH VOTER'S NEXT CHOICE ON THE BALLOT UNTIL A CANDIDATE RECEIVES A
56 MAJORITY OF THE VOTES CAST, EXCLUDING BLANK AND VOID BALLOTS. WHEN A
S. 3250--A 4
1 CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST, THAT CANDIDATE SHALL BE
2 DECLARED ELECTED.
3 4. IF A BALLOT HAS NO MORE AVAILABLE CHOICES RANKED ON IT, THAT BALLOT
4 SHALL BE DECLARED EXHAUSTED. WHERE A BALLOT SKIPS ONE OR MORE NUMBERS,
5 THAT BALLOT SHALL BE DECLARED EXHAUSTED WHEN THE SKIPPING OF NUMBERS IS
6 REACHED. A BALLOT WITH THE SAME NUMBER FOR TWO OR MORE CANDIDATES SHALL
7 BE DECLARED EXHAUSTED WHEN THESE DOUBLE NUMBERS ARE REACHED.
8 5. IN THE CASE OF A TIE BETWEEN CANDIDATES FOR LAST PLACE, AND THUS
9 ELIMINATION, OCCURRING AT ANY STAGE IN THE TABULATION, THE TIE SHALL BE
10 RESOLVED SO AS TO ELIMINATE THE CANDIDATE WHO RECEIVED THE LEAST NUMBER
11 OF VOTES AT THE PREVIOUS STAGE OF TABULATION. IN THE CASE OF A TIE TO
12 WHICH A PREVIOUS STAGE DOES NOT APPLY, OR SUCH PREVIOUS STAGE WAS ALSO A
13 TIE, THE TIE SHALL BE RESOLVED BY DRAWING LOTS. HOWEVER, IF THE TIE
14 OCCURS WHEN THERE ARE ONLY TWO CANDIDATES REMAINING, THE TIE SHALL BE
15 RESOLVED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
16 S 18-108. VOTER EDUCATION. WHERE A LOCAL GOVERNMENT SHALL PASS A
17 RESOLUTION AUTHORIZING THE INSTANT RUNOFF VOTING METHOD, THE GOVERNING
18 BODY SHALL CONDUCT A VOTER EDUCATION CAMPAIGN ON THE INSTANT RUNOFF
19 VOTING SYSTEM TO FAMILIARIZE VOTERS WITH THE BALLOT DESIGN, METHOD OF
20 VOTING, AND ADVANTAGES OF DETERMINING A MAJORITY WINNER IN A SINGLE
21 ELECTION. THE GOVERNING BODY SHALL USE PUBLIC SERVICE ANNOUNCEMENTS, AS
22 WELL AS SEEK OTHER MEDIA COOPERATION TO THE MAXIMUM EXTENT PRACTICABLE.
23 S 18-110. CONSTRUCTION. ALL ELECTIONS HELD BY THE INSTANT RUNOFF
24 VOTING METHOD PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO ALL THE OTHER
25 PROVISIONS OF THIS CHAPTER AND ALL OTHER APPLICABLE LAWS RELATING TO
26 ELECTIONS, SO FAR AS IS APPLICABLE AND NOT INCONSISTENT WITH THIS CHAP-
27 TER.
28 S 3. Severability. If any provision of this act or the application
29 thereof shall for any reason be adjudged by any court of competent
30 jurisdiction to be invalid, such judgment shall not affect, impair, or
31 invalidate the remainder of this act, but shall be confined in its oper-
32 ation to the provision thereof directly involved in the controversy in
33 which such judgment shall have been rendered.
34 S 4. This act shall take effect immediately, and shall expire December
35 31, 2019 when upon such date the provisions of this act shall be deemed
36 repealed.
