Senate Bill S7033

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

                                  7033

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13534-01-4

S. 7033                             2

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 FORTY PERCENT 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 FORTY PERCENT OF FIRST CHOICES, ALL CANDIDATES SHALL BE  ELIMI-
NATED EXCEPT THE TWO CANDIDATES WITH THE GREATEST NUMBER OF FIRST CHOIC-
ES.  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 ALTER-
NATIVE  CHOICE  SHALL  BE COUNTED AS VOTES FOR WHICHEVER OF THE UNELIMI-
NATED 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.