Bill Text: NY S04586 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to instant run-off elections in cities with a population of one million or more.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-06-15 - referred to election law [S04586 Detail]

Download: New_York-2015-S04586-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4586
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 30, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       AN ACT to amend the election law, in relation to instant run-off  voting
         in  the city of New York; and to repeal certain provisions of such law
         relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  6-162  of the election law is REPEALED and a new
    2  section 6-162 is added to read as follows:
    3    S 6-162. PRIMARY; NEW YORK CITY, INSTANT RUN-OFF  VOTING.  1.  IN  THE
    4  CITY  OF  NEW  YORK,  ANY  CITY-WIDE PRIMARY ELECTIONS FOR THE OFFICE OF
    5  MAYOR, PUBLIC ADVOCATE OR COMPTROLLER, IN WHICH MORE THAN TWO CANDIDATES
    6  APPEAR ON THE BALLOT FOR THE SAME OFFICE, SHALL BE CONDUCTED BY  INSTANT
    7  RUN-OFF VOTING.
    8    2. FOR THE PURPOSES OF THIS SECTION, THE TERM "INSTANT RUN-OFF VOTING"
    9  MEANS  AN  ELECTION  IN  WHICH  VOTERS MAY RANK UP TO FIVE CANDIDATES IN
   10  ORDER OF PREFERENCE, FIRST, SECOND AND SO ON, AND  IN  WHICH  TABULATION
   11  PROCEEDS  IN UP TO TWO ROUNDS AS FOLLOWS: IF THE CANDIDATE WITH THE MOST
   12  VOTES RECEIVES A VOTE TOTAL LESS THAN FIFTY PERCENT PLUS ONE  VOTE,  THE
   13  TWO  CANDIDATES WITH THE MOST VOTES PROCEED TO A SECOND ROUND OF BALLOT-
   14  COUNTING. IN SUCH SECOND ROUND, EACH BALLOT IS COUNTED  AS  A  VOTE  FOR
   15  WHICHEVER  OF  THE  TWO  ADVANCING  CANDIDATES  IS RANKED HIGHER BY THAT
   16  VOTER.  ANY BALLOT THAT DOES NOT RANK EITHER OF THE TWO ADVANCING CANDI-
   17  DATES SHALL NOT BE COUNTED IN THE SECOND ROUND. THE CANDIDATE  WITH  THE
   18  MOST VOTES IN THE SECOND ROUND SHALL BE DECLARED THE WINNER.
   19    3.  THAT  PORTION  OF  THE BALLOT PERTAINING TO ELECTIONS CONDUCTED BY
   20  INSTANT RUN-OFF VOTING SHALL ALLOW A VOTER TO RANK CANDIDATES  IN  ORDER
   21  OF  CHOICE  IN  A  WAY  THAT  IS  CLEAR AND EASY TO UNDERSTAND AND SHALL
   22  INCLUDE THE OPPORTUNITY TO RANK NO MORE THAN ONE WRITE-IN CANDIDATE.  TO
   23  THE  EXTENT POSSIBLE, BALLOTS SHALL BE DESIGNED SO THAT A VOTER MAY MARK
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02091-01-5
       S. 4586                             2
    1  THAT VOTER'S FIRST CHOICE IN THE SAME MANNER AS FOR OFFICES NOT  ELECTED
    2  BY INSTANT RUN-OFF VOTING.
    3    4.  INSTRUCTIONS ON THE BALLOT FOR ELECTIONS CONDUCTED BY INSTANT RUN-
    4  OFF VOTING MUST CONFORM SUBSTANTIALLY TO THE  FOLLOWING  SPECIFICATIONS,
    5  SUBJECT  TO  MODIFICATION  BASED ON BALLOT DESIGN, USABILITY TESTING AND
    6  VOTING MACHINES: "VOTE FOR CANDIDATES BY  INDICATING  YOUR  FIRST-CHOICE
    7  CANDIDATE  AND  RANKING  ADDITIONAL  CANDIDATES  IN ORDER OF PREFERENCE.
    8  INDICATE YOUR FIRST CHOICE BY INDICATING A NUMBER "1"  BESIDE  A  CANDI-
    9  DATE'S  NAME,  YOUR  SECOND  CHOICE  BY INDICATING A NUMBER "2" BESIDE A
   10  CANDIDATE'S NAME, YOUR THIRD CHOICE BY MARKING THE NUMBER "3"  BESIDE  A
   11  CANDIDATE'S  NAME  AND SO ON. YOU MAY CHOOSE TO RANK ONLY ONE CANDIDATE,
   12  BUT RANKING ANOTHER CANDIDATE AS A LOWER CHOICE WILL NOT HURT YOUR FIRST
   13  CHOICE. YOU MAY RANK THE SAME CANDIDATE MORE THAN ONCE,  BUT  THE  ADDI-
   14  TIONAL RANKING DOES NOT HELP THAT CANDIDATE. DO NOT MARK THE SAME NUMBER
   15  BESIDE MORE THAN ONE CANDIDATE. DO NOT SKIP NUMBERS."
   16    5.  THE  BOARD  OF  ELECTIONS, WITH THE APPROVAL OF THE STATE BOARD OF
   17  ELECTIONS, MAY PROVIDE FOR THE USE OF MECHANICAL,  ELECTRONIC  OR  OTHER
   18  DEVICES  FOR SORTING AND COUNTING BALLOTS AND TABULATING RESULTS AND MAY
   19  MODIFY THE FORM OF THE BALLOTS, AND THE METHOD OF SORTING, COUNTING, AND
   20  INVALIDATING BALLOTS AND THE TABULATING AND  RECOUNTING  OF  VOTES  WITH
   21  RESPECT  TO OFFICES ELECTED BY INSTANT RUN-OFF VOTING, PROVIDED THAT ANY
   22  CHANGE MADE SUBSTANTIALLY CONFORMS TO THIS CHAPTER.
   23    S 2. Paragraph (c) of subdivision 2 of section 7-114 of  the  election
   24  law,  as  amended by chapter 234 of the laws of 1976, is amended to read
   25  as follows:
   26    (c) On the front of the stub, above the perforated line at the top  of
   27  the paper ballot shall be printed the same instructions as on the gener-
   28  al  election ballot, AND ADDITIONAL INSTRUCTIONS, IF ANY, REQUIRED UNDER
   29  SECTION 6-162 OF THIS CHAPTER.
   30    S 3. This act shall take effect January 1, 2016.