S T A T E   O F   N E W   Y O R K
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                                   582

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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 enacting the "NYC
  instant run-off voting act"; 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:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "NYC instant run-off voting act".
  S  2.  Legislative findings. The legislature hereby finds and declares
that the run-off system of voting in primary elections for  the  offices
of  mayor,  comptroller  and  public advocate in New York city is unduly
expensive and generates an unacceptably low turnout of  voters.    Addi-
tionally,  the  absence  of any run-off system at all for the offices of
borough president and council member has resulted  in  candidates  being
elected  with  much  less than a majority of the votes cast, and signif-
icantly dilutes minority voting power when multiple minority  candidates
compete for the same office. In an "instant run-off" system, voters rank
candidates by order of preference, and if no candidate receives a major-
ity of first-place votes, the top two candidates have the votes of elim-
inated candidates redistributed to them in order of each voter's prefer-
ence. The candidate with the most votes after this "second round" is the
winner. An instant run-off voting system eliminates the need for a cost-
ly and sparsely attended second election, rewards candidates who broaden
their appeal as widely as possible, and promotes minority representation
by limiting the dilution of minority voting power when multiple minority
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.
              

                                                           LBD03806-01-1

A. 582                              2

  S  3.  Section 6-162 of the election law, as amended by chapter 424 of
the laws of 2010, is amended to read as follows:
  S 6-162. [Primary; New York City, run-off. 1. In the city of New York,
when  no  candidate  for  the  office of mayor, public advocate or comp-
troller receives forty percent or more of the votes cast by the  members
of  a  political  party for such office in a city-wide primary election,
the board of elections of such city  shall  conduct  a  run-off  primary
election  between  the  two  candidates receiving the greatest number of
votes for the same office.
  2. In any jurisdiction that authorizes  a  run-off  election  after  a
primary  election,  if  one of the two candidates receiving the greatest
number of votes for the same  office  files  with  the  local  board  of
elections  a  certificate of withdrawal within three days following such
primary election, the board shall accept and certify the withdrawal  and
declare  the  remaining candidate the winner and no such run-off primary
election shall be held. Such certificate of withdrawal shall be in affi-
davit  or  affirmation  form  as  determined  by  the  state  board   of
elections.]  INSTANT  RUN-OFF  VOTING IN NEW YORK CITY. 1. ELECTIONS FOR
MUNICIPAL OFFICE IN THE CITY OF NEW YORK SHALL USE AN  "INSTANT  RUN-OFF
VOTING" SYSTEM.
  2.  ON  EVERY BALLOT USING INSTANT RUN-OFF VOTING, THE VOTERS SHALL BE
GIVEN THE OPPORTUNITY TO RANK CANDIDATES IN THE ORDER OF  THEIR  PREFER-
ENCE.
  3.  THE  FOLLOWING  PROCEDURES  SHALL  BE USED TO DETERMINE WINNERS IN
INSTANT RUN-OFF VOTING:
  (A) THE BALLOTS SHALL BE COUNTED  INITIALLY  ACCORDING  TO  THE  FIRST
CHOICE  MARKED  ON  EACH BALLOT. IF ONE CANDIDATE RECEIVES A MAJORITY OF
THE VOTES CAST, THE BOARD OF ELECTIONS SHALL CERTIFY THAT  CANDIDATE  AS
THE WINNER.
  (B)  IF  AT  THE  END  OF  THE INITIAL ROUND OF COUNTING, NO CANDIDATE
RECEIVED A MAJORITY OF FIRST CHOICES, ALL CANDIDATES SHALL BE ELIMINATED
EXCEPT THE TWO CANDIDATES WITH THE GREATEST NUMBER OF FIRST CHOICES. THE
BOARD OF ELECTIONS SHALL THEN CONDUCT A SECOND, FINAL ROUND OF  COUNTING
IN  WHICH  BALLOTS THAT RANK ELIMINATED CANDIDATES AS A FIRST CHOICE AND
THAT INDICATE ONE OF  THE  UNELIMINATED  CANDIDATES  AS  AN  ALTERNATIVE
CHOICE  SHALL  BE  COUNTED  AS  VOTES  FOR WHICHEVER OF THE UNELIMINATED
CANDIDATES IS RANKED HIGHER ON EACH BALLOT. IN THE  SECOND  ROUND,  EACH
BALLOT  IS  COUNTED AS ONE VOTE FOR THE HIGHEST RANKED CANDIDATE ON THAT
BALLOT WHO HAS NOT BEEN  ELIMINATED.  THE  CANDIDATE  WITH  THE  GREATER
NUMBER OF VOTES IN THE SECOND ROUND SHALL BE CERTIFIED AS THE WINNER.
  (C)  IN  CASE OF A TIE BETWEEN CANDIDATES SUCH THAT TWO OR MORE CANDI-
DATES HAVE AN EQUAL NUMBER OF FIRST CHOICES AND MORE THAN TWO CANDIDATES
QUALIFY FOR THE SECOND ROUND, INSTANT RUN-OFF VOTING SHALL  BE  USED  TO
DETERMINE WHICH TWO CANDIDATES SHALL ADVANCE TO THE SECOND ROUND.
  S  4. Subdivision 5 of section 3-705 of the administrative code of the
city of New York is REPEALED.
  S 5. Subdivision 6 of section 3-709 of the administrative code of  the
city of New York is REPEALED.
  S 6. This act shall take effect immediately.