Senate Bill S2738A

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

                                 2738--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced by Sens. KRUEGER, PERKINS, SQUADRON -- 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 create a pilot program to test an instant runoff voting method
  of 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:

  Section 1. Legislative findings. The current system  of  voting  often
results  in  the  election of a candidate who does not have the majority
support of the electorate  when  there  are  three  or  more  candidates
running  for  an elective office. Further, where there are three or more
candidates for an elective office, voters often will not vote for  their
preferred  candidate to avoid "wasting" their vote on a "spoiler" candi-
date.   Rather, they will vote against  a  candidate  they  dislike,  by
voting  for  a leading candidate that they perceive as the lesser of two
evils. The result of the current system in multi-candidate races can  be
the election of candidates who lack majority support.
  The  instant  runoff  voting method provides for the majority election
for elective offices. Instant runoff voting gives voters the  option  to
rank  candidates according to the order of their choice. If no candidate
obtains a majority of first-choice votes, then the  candidate  receiving
the  fewest  first-choice  votes  is  eliminated. Each vote cast for the
eliminated candidate shall be transferred to the candidate who  was  the
voter's  next  choice  on  the  ballot. The process is continued until a
candidate receives a majority of votes.
  There are several potential benefits  to  the  instant  runoff  voting
method.  First,  voters  are free to mark their ballot for the candidate
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.
                                                           LBD00203-02-6
              

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least preferred candidate. Second, it ensures that the elected candidate
has true majority support. In addition, the instant runoff voting method
will  (1)  promote  higher  voter  turnout,  and  (2) encourage positive
campaigning,  since  candidates will seek second-choice and third-choice
votes from voters and will therefore be  less  likely  to  attack  other
candidates  and  alienate  voters that support other candidates as their
first choice. In situations where runoffs are already required, it  will
eliminate  the  need  for  a  second runoff election, with its increased
costs and lower voter turnout.
  The instant runoff voting method has been the  subject  of  increasing
interest  across the nation. It has already been adopted by local refer-
enda in California, Vermont, and Massachusetts. It  is  under  consider-
ation in many other states.
  It  is the purpose of this act to permit the use of the instant runoff
voting method on a trial basis in certain local elections in years  2020
and 2021. This pilot program would permit the state legislature to eval-
uate  the  broader  application  of  the instant runoff voting method to
elections in New York state.
  S 2.   Definitions. 1. "Instant runoff voting  method"  shall  mean  a
method  of casting and tabulating votes that simulates the ballot counts
that would occur if all  voters  participated  in  a  series  of  runoff
elections,  whereby the voters rank candidates according to the order of
their choice and, if no candidate has received a majority of votes cast,
then the candidate with the fewest first choice votes is eliminated  and
the  remaining  candidates  advance  to another counting round. In every
round, each ballot is counted as one vote for the highest ranked advanc-
ing candidate.
  2. "Local government" shall mean a county,  city,  town,  village,  or
school district.
  S 3. Pilot program. 1. The state board of elections shall select local
governments in which to conduct a pilot program during the 2020 and 2021
elections  for local office using instant runoff voting. The state board
shall select up to ten local governments in 2020 and  up  to  ten  local
governments in 2021.
  2. In selecting local governments the state board shall seek diversity
of  population size, regional location, and demographic composition. The
pilot program  shall  require  the  approval  of  the  county  board  of
elections  where  said  county board conducts the election for the local
government. Said pilot program shall also require the  approval  of  the
local government that has been selected for the pilot program.
  3.  The state board shall monitor the pilot program and issue a report
with its findings and recommendations to the state legislature by  April
1, 2022.
  4.  The state board shall implement the necessary regulations in order
to implement this act within ninety days after it shall have become law.
  S 4. Instant runoff voting method; ballots. 1. For  elections  subject
to  the instant runoff voting method, the ballot must be simple and easy
to understand and allow a voter to rank candidates in order of choice. A
voter may include no more than one write-in candidate among that voter's
ranked choices for each office. If feasible, ballots must be designed so
that a voter may mark that voter's first choices in the same  manner  as
that for offices not elected by the instant runoff voting method.
  2.  Instructions  on  the  ballot  must  conform  substantially to the
following specifications, although subject  to  modification,  based  on
ballot design and voting machine:

S. 2738--A                          3

  "Vote  for  candidates  by  indicating your first-choice candidates in
order of preference. Indicate your first choice by  marking  the  number
"1"  beside a candidate's name, your second choice by marking the number
"2" beside a candidate's name, your third choice by marking  the  number
"3"  beside  a  candidate's  name  and so on, for as many choices as you
wish.  You may choose to rank only one candidate, but ranking additional
candidates will not hurt the chances of your first-choice candidate.  Do
not  mark  the  same  number beside more than one candidate. Do not skip
numbers."
  3. A sample ballot for an  election  subject  to  the  instant  runoff
voting  method  must  illustrate  the  voting  procedure for the instant
runoff voting method. Such a sample ballot must be  included  with  each
absentee ballot.
  4.  The appropriate board of elections shall ensure that the necessary
voting system, vote tabulation  system,  or  other  similar  or  related
equipment  shall  be  available to accommodate the instant runoff voting
method where the instant runoff voting method is required by this act.
  S 5. Instant runoff voting method; procedures.  The  following  proce-
dures  shall  apply  in determining the winner in an election subject to
the instant runoff voting method:
  1. The first choice marked on each ballot must be counted initially by
election officials. If one candidate receives a majority  of  the  votes
cast, excluding blank and void ballots, that candidate shall be declared
elected.
  2.  If  no candidate receives a majority of first-choice votes cast at
the end of the initial count, the candidate receiving the fewest  first-
choice  votes  shall  be  eliminated.  Each vote cast for the eliminated
candidate shall be transferred to the candidate who was the voter's next
choice on the ballot.
  3. Candidates with the fewest votes shall continue to  be  eliminated,
with  the votes for such candidates transferred to the candidate who was
each voter's next choice on the ballot  until  a  candidate  receives  a
majority  of  the  votes  cast, excluding blank and void ballots. When a
candidate receives a majority of the votes cast, that candidate shall be
declared the winner.
  4. If a ballot has no more available choices ranked on it, that ballot
must be declared exhausted. Where a ballot skips one  or  more  numbers,
the  ballot  must  be declared exhausted when the skipping of numbers is
reached. A ballot with the same number for two or more  candidates  must
be declared exhausted when these double numbers are reached.
  5.  In  the  case of a tie between candidates for last place, and thus
elimination, occurring at any stage in the tabulation, the tie shall  be
resolved  so as to eliminate the candidate who received the least number
of votes at the previous stage of tabulation. In the case of  a  tie  to
which a previous stage does not apply, or such previous stage was also a
tie,  the  tie  shall  be  resolved by drawing lots. However, if the tie
occurs when there are only two candidates remaining, the  tie  shall  be
resolved in accordance with the provisions of this act.
  S  6.  Voter  education.  Where  an election is subject to the instant
runoff voting method, the appropriate board of elections shall conduct a
voter education campaign on the instant runoff voting system  to  famil-
iarize  voters  with the ballot design, method of voting, and advantages
of determining a majority winner in a  single  election.  The  board  of
elections  shall use public service announcements, as well as seek other
media cooperation to the maximum extent practicable.

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  S 7.  Construal. All elections held by the instant runoff voting meth-
od pursuant to this act shall be subject to all the other provisions  of
the election law and all other applicable laws relating to elections, so
far as is applicable and not inconsistent with this act.
  S  8.    Severability. If any provision of this act or the application
thereof shall for any reason be  adjudged  by  any  court  of  competent
jurisdiction  to  be invalid, such judgment shall not affect, impair, or
invalidate the remainder of this act, but shall be confined in its oper-
ation to the provision thereof directly involved in the  controversy  in
which such judgment shall have been rendered.
  S  9. This act shall take effect immediately, and shall remain in full
force and effect until  December  31,  2022  when  upon  such  date  the
provisions of this act shall expire and be deemed repealed.