Assembly Bill A9217

2009-2010 Legislative Session

Requires an instant run-off in any municipal election in New York City; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to election law
Oct 28, 2009	referred to election law

co-Sponsors

multi-Sponsors

2009-A9217 (ACTIVE) - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §6-162, El L; rpld §3-705 sub 5 & §3-709 sub 6, NYC Ad Cd

2009-A9217 (ACTIVE) - Summary

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.

2009-A9217 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9217

TITLE OF BILL:  An act to amend the election law, in relation to requir-
ing 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

PURPOSE OR GENERAL IDEA OF BILL: This bill improves the current run-off
system of elections for New York City offices by eliminating the current
costly and low-turnout run-off election system in favor of an "instant
runoff," whereby voters rank candidates by order of preference and the
top two vote getters (if none receives an outright majority of votes),
instantly move to a second and final round of counting based on the
votes cast for them on the ballots of eliminated candidates.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 provides that the title of the
act shall be the "instant run-off voting act." Section two provides for
legislative findings. Section three amends section 6-162 of the election
law to specify that all elections for municipal office in New York city
use an "instant run-off voting" system. On every ballot using instant
run-off voting, voters shall be given the chance to rank candidates in
order of their preference. Ballots will be counted initially according
to first choice, and if one candidate receives a majority of votes cast
then the board of elections will certify that candidate as the winner.
If no candidate receives a majority of the first choice voices, the

Board of Elections will recount the ballots that rank the eliminated
candidates as the first choice and that indicate one of the uneliminated
candidates as an alternative choice.Each ballot is counted as one vote
for the highest ranked candidate on that ballot who has not been elimi-
nated. The candidate with the greater number of votes after the second
round shall be certified as the winner. Section four repeals subdivision
5 of section 6-162 of the election law that relates to the administra-
tive code of the city of New York. Section five repeals subdivision 6 of
section 6-162 of the election law that relates to the administrative
code of the city of New York.  Section six provides that the act shall
take effect immediately.

JUSTIFICATION: The current run-off system of voting in primary elections
for offices of mayor, comptroller and public advocate in New York City
is unduly expensive and generates an unacceptably low turnout of voters.
The absence of a run-off system in the offices of borough president and
city council member has resulted in candidates being elected with much
less than a majority of the votes cast, and significantly dilutes minor-
ity voting power when multiple minority candidates compete for the same
office. An instant run-off voting system would eliminate the need for a
costly second election, reward candidates who broaden their appeal as
widely as possible and promote minority representation by limited the
dilution of minority voting power when multiple minority candidates are
on the ballot for the same office.

PRIOR LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Will save the cost
of current run-off election system.

EFFECTIVE DATE: Immediately.

2009-A9217 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1.  This act shall be known and may be cited as  the  "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.
                                                           LBD14813-02-9

A. 9217                             2

  S  3.  Section 6-162 of the election law, as amended by chapter 418 of
the laws of 1993, is amended to read as follows:
  S  6-162.  [Primary;  New York City, run-off. 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.] 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.

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Assembly Bill A9217

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Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

multi-Sponsors

2009-A9217 (ACTIVE) - Details

2009-A9217 (ACTIVE) - Summary

2009-A9217 (ACTIVE) - Sponsor Memo

2009-A9217 (ACTIVE) - Bill Text download pdf

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Sponsored By

LANCMAN

Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

Barbara Clark

Sandy Galef

Michael G. Miller

Nelson Castro

multi-Sponsors

Deborah Glick

Donna Lupardo

2009-A9217 (ACTIVE) - Details

2009-A9217 (ACTIVE) - Summary

2009-A9217 (ACTIVE) - Sponsor Memo

2009-A9217 (ACTIVE) - Bill Text download pdf

Comments