NY State Senate Bill S4586

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to election law delivered to assembly passed senate ordered to third reading cal.1766 committee discharged and committed to rules
Jan 19, 2016	print number 4586a
Jan 19, 2016	amend and recommit to elections
Jan 06, 2016	referred to elections returned to senate died in assembly
Jun 17, 2015	referred to election law delivered to assembly passed senate
Jun 03, 2015	advanced to third reading
Jun 02, 2015	2nd report cal.
Jun 01, 2015	1st report cal.1121
Mar 30, 2015	referred to elections

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4586 - Details

See Assembly Version of this Bill:: A5571
Law Section:: Election Law
Laws Affected:: Rpld & add §6-162, amd §7-114, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6862, A7013
2017-2018: S3309, A5752
2019-2020: S796
2021-2022: S4296
2023-2024: S6235

S4586 - Summary

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

S4586 - Sponsor Memo

BILL NUMBER:S4586

TITLE OF BILL:

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

PURPOSE:

To establish instant run-off voting in primary elections for mayor,
public advocate, and comptroller in the city of New York.

SUMMARY OF PROVISIONS:

Section 1 of the bill repeals Section 6-162 of the election law and
adds a new Section 6162. Subdivision 1 defines which offices are
subject to instant run-off voting. Subdivision 2 defines instant
runoff voting and provides that a second round of voting, using the
instant runoff voting method, shall take place if the candidate with
the most votes receives less than fifty percent plus one vote in the
initial round of voting. Subdivision 3 provides guidelines for the
design of the ballots to be used in instant run-off elections.
Subdivision 4 defines the instructions to be printed on the ballot.
Subdivision 5 provides that the board of elections, with the approval
of the state board of elections, may adopt devices, methods, and

ballot formats for sorting, counting, tabulating, and invalidating
votes for offices subject to instant runoff voting, provided that any
such changes substantially conform to the provisions of this chapter.

Section 2 of the bill amends subdivision 2 of Section 7-114 of the
election law to clarify that the instructions printed on the ballot
for elections subject to instant run-off voting differ from the
instructions typically printed on the ballot and can be found in
Section 6162.

Section 3 sets forth the effective date.

JUSTIFICATION:

Currently, if no candidate in a primary election, with more than two
candidates for mayor, public advocate, or comptroller in New York City
wins more than forty percent of the vote, a run-off election is held
between the top two vote-getters two weeks later.  Due to the adoption
of paper ballots and optical scan ballot machines, the New York City
Board of Elections cannot certify the results of a primary within the
required two weeks, nor can it ensure that military and overseas
voters receive their ballots in a timely manner. An instant run-off
method would allow voters to rank their choices and cast their vote
for a hypothetical runoff election at the same time that they cast
their vote for the primary election. Since an instant runoff election
eliminates the costs associated with a runoff election, the threshold
for avoiding a runoff should be raised from a forty percent plurality
of the votes cast in the primary to a fifty percent plus one majority.

LEGISLATIVE HISTORY:


03/20/14  REFERRED TO ELECTIONS

FISCAL IMPACT:

None for the state. The city of New York would save 20 million dollars
for each runoff election that would no longer need to be administered.

EFFECTIVE DATE:

This act shall take effect January 1, 2016.

S4586 - Bill Text download pdf

                    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:

  Section  1.  Section  6-162  of the election law is REPEALED and a new
section 6-162 is added to read as follows:
  S 6-162. PRIMARY; NEW YORK CITY, INSTANT RUN-OFF  VOTING.  1.  IN  THE
CITY  OF  NEW  YORK,  ANY  CITY-WIDE PRIMARY ELECTIONS FOR THE OFFICE OF
MAYOR, PUBLIC ADVOCATE OR COMPTROLLER, IN WHICH MORE THAN TWO CANDIDATES
APPEAR ON THE BALLOT FOR THE SAME OFFICE, SHALL BE CONDUCTED BY  INSTANT
RUN-OFF VOTING.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "INSTANT RUN-OFF VOTING"
MEANS  AN  ELECTION  IN  WHICH  VOTERS MAY RANK UP TO FIVE CANDIDATES IN
ORDER OF PREFERENCE, FIRST, SECOND AND SO ON, AND  IN  WHICH  TABULATION
PROCEEDS  IN UP TO TWO ROUNDS AS FOLLOWS: IF THE CANDIDATE WITH THE MOST
VOTES RECEIVES A VOTE TOTAL LESS THAN FIFTY PERCENT PLUS ONE  VOTE,  THE
TWO  CANDIDATES WITH THE MOST VOTES PROCEED TO A SECOND ROUND OF BALLOT-
COUNTING. IN SUCH SECOND ROUND, EACH BALLOT IS COUNTED  AS  A  VOTE  FOR
WHICHEVER  OF  THE  TWO  ADVANCING  CANDIDATES  IS RANKED HIGHER BY THAT
VOTER.  ANY BALLOT THAT DOES NOT RANK EITHER OF THE TWO ADVANCING CANDI-
DATES SHALL NOT BE COUNTED IN THE SECOND ROUND. THE CANDIDATE  WITH  THE
MOST VOTES IN THE SECOND ROUND SHALL BE DECLARED THE WINNER.
  3.  THAT  PORTION  OF  THE BALLOT PERTAINING TO ELECTIONS CONDUCTED BY
INSTANT RUN-OFF VOTING SHALL ALLOW A VOTER TO RANK CANDIDATES  IN  ORDER
OF  CHOICE  IN  A  WAY  THAT  IS  CLEAR AND EASY TO UNDERSTAND AND SHALL
INCLUDE THE OPPORTUNITY TO RANK NO MORE THAN ONE WRITE-IN CANDIDATE.  TO
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

THAT VOTER'S FIRST CHOICE IN THE SAME MANNER AS FOR OFFICES NOT  ELECTED
BY INSTANT RUN-OFF VOTING.
  4.  INSTRUCTIONS ON THE BALLOT FOR ELECTIONS CONDUCTED BY INSTANT RUN-
OFF VOTING MUST CONFORM SUBSTANTIALLY TO THE  FOLLOWING  SPECIFICATIONS,
SUBJECT  TO  MODIFICATION  BASED ON BALLOT DESIGN, USABILITY TESTING AND
VOTING MACHINES: "VOTE FOR CANDIDATES BY  INDICATING  YOUR  FIRST-CHOICE
CANDIDATE  AND  RANKING  ADDITIONAL  CANDIDATES  IN ORDER OF PREFERENCE.
INDICATE YOUR FIRST CHOICE BY INDICATING A NUMBER "1"  BESIDE  A  CANDI-
DATE'S  NAME,  YOUR  SECOND  CHOICE  BY INDICATING A NUMBER "2" BESIDE A
CANDIDATE'S NAME, YOUR THIRD CHOICE BY MARKING THE NUMBER "3"  BESIDE  A
CANDIDATE'S  NAME  AND SO ON. YOU MAY CHOOSE TO RANK ONLY ONE CANDIDATE,
BUT RANKING ANOTHER CANDIDATE AS A LOWER CHOICE WILL NOT HURT YOUR FIRST
CHOICE. YOU MAY RANK THE SAME CANDIDATE MORE THAN ONCE,  BUT  THE  ADDI-
TIONAL RANKING DOES NOT HELP THAT CANDIDATE. DO NOT MARK THE SAME NUMBER
BESIDE MORE THAN ONE CANDIDATE. DO NOT SKIP NUMBERS."
  5.  THE  BOARD  OF  ELECTIONS, WITH THE APPROVAL OF THE STATE BOARD OF
ELECTIONS, MAY PROVIDE FOR THE USE OF MECHANICAL,  ELECTRONIC  OR  OTHER
DEVICES  FOR SORTING AND COUNTING BALLOTS AND TABULATING RESULTS AND MAY
MODIFY THE FORM OF THE BALLOTS, AND THE METHOD OF SORTING, COUNTING, AND
INVALIDATING BALLOTS AND THE TABULATING AND  RECOUNTING  OF  VOTES  WITH
RESPECT  TO OFFICES ELECTED BY INSTANT RUN-OFF VOTING, PROVIDED THAT ANY
CHANGE MADE SUBSTANTIALLY CONFORMS TO THIS CHAPTER.
  S 2. Paragraph (c) of subdivision 2 of section 7-114 of  the  election
law,  as  amended by chapter 234 of the laws of 1976, is amended to read
as follows:
  (c) On the front of the stub, above the perforated line at the top  of
the paper ballot shall be printed the same instructions as on the gener-
al  election ballot, AND ADDITIONAL INSTRUCTIONS, IF ANY, REQUIRED UNDER
SECTION 6-162 OF THIS CHAPTER.
  S 3. This act shall take effect January 1, 2016.

Co-Sponsors

S4586A (ACTIVE) - Details

See Assembly Version of this Bill:: A5571
Law Section:: Election Law
Laws Affected:: Rpld & add §6-162, amd §7-114, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6862, A7013
2017-2018: S3309, A5752
2019-2020: S796
2021-2022: S4296
2023-2024: S6235

S4586A (ACTIVE) - Summary

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

S4586A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4586A

 TITLE OF BILL :

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

 PURPOSE :

To establish instant run-off voting in primary elections for mayor,
public advocate, and comptroller in the city of New York.

 SUMMARY OF PROVISIONS :

Section 1 of the bill repeals Section 6-162 of the election law and
adds a new Section 6162. Subdivision 1 defines which offices are
subject to instant run-off voting. Subdivision 2 defines instant
runoff voting and provides that a second round of voting, using the
instant runoff voting method, shall take place if the candidate with
the most votes receives less than fifty percent plus one vote in the
initial round of voting. Subdivision 3 provides guidelines for the
design of the ballots to be used in instant run-off elections.
Subdivision 4 defines the instructions to be printed on the ballot.
Subdivision 5 provides that the board of elections, with the approval
of the state board of elections, may adopt devices, methods, and

ballot formats for sorting, counting, tabulating, and invalidating
votes for offices subject to instant runoff voting, provided that any
such changes substantially conform to the provisions of this chapter.

Section 2 of the bill amends subdivision 2 of Section 7-114 of the
election law to clarify that the instructions printed on the ballot
for elections subject to instant run-off voting differ from the
instructions typically printed on the ballot and can be found in
Section 6162.

Section 3 sets forth the effective date.

 JUSTIFICATION :

Currently, if no candidate in a primary election, with more than two
candidates for mayor, public advocate, or comptroller in New York City
wins more than forty percent of the vote, a run-off election is held
between the top two vote-getters two weeks later. Due to the adoption
of paper ballots and optical scan ballot machines, the New York City
Board of Elections cannot certify the results of a primary within the
required two weeks, nor can it ensure that military and overseas
voters receive their ballots in a timely manner. An instant run-off
method would allow voters to rank their choices and cast their vote
for a hypothetical runoff election at the same time that they cast
their vote for the primary election. Since an instant runoff election
eliminates the costs associated with a runoff election, the threshold
for avoiding a runoff should be raised from a forty percent plurality
of the votes cast in the primary to a fifty percent plus one majority.

 LEGISLATIVE HISTORY :

2015: S.4586 - Passed Senate / A.5571 - Referred to Election Law
2014: S.6862 - Referred to Elections / A.7013 -- Referred to Election
Law

 FISCAL IMPACT :

None for the state. The city of New York would save 20 million dollars
for each runoff election that would no longer need to be administered.

 EFFECTIVE DATE :
This act shall take effect January 1, 2017.

S4586A (ACTIVE) - Bill Text download pdf

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

                                 4586--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 30, 2015
                               ___________

Introduced  by  Sens.  LANZA, KRUEGER -- 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 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:

  Section 1. Section 6-162 of the election law is  REPEALED  and  a  new
section 6-162 is added to read as follows:
  S  6-162.  PRIMARY;  NEW  YORK CITY, INSTANT RUN-OFF VOTING. 1. IN THE
CITY OF NEW YORK, ANY CITY-WIDE PRIMARY  ELECTIONS  FOR  THE  OFFICE  OF
MAYOR, PUBLIC ADVOCATE OR COMPTROLLER, IN WHICH MORE THAN TWO CANDIDATES
APPEAR  ON THE BALLOT FOR THE SAME OFFICE, SHALL BE CONDUCTED BY INSTANT
RUN-OFF VOTING.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "INSTANT RUN-OFF VOTING"
MEANS AN ELECTION IN WHICH VOTERS MAY RANK  UP  TO  FIVE  CANDIDATES  IN
ORDER  OF  PREFERENCE,  FIRST, SECOND AND SO ON, AND IN WHICH TABULATION
PROCEEDS IN UP TO TWO ROUNDS AS FOLLOWS: IF THE CANDIDATE WITH THE  MOST
VOTES  RECEIVES  A VOTE TOTAL LESS THAN FIFTY PERCENT PLUS ONE VOTE, THE
TWO CANDIDATES WITH THE MOST VOTES PROCEED TO A SECOND ROUND OF  BALLOT-
COUNTING.  IN  SUCH  SECOND  ROUND, EACH BALLOT IS COUNTED AS A VOTE FOR
WHICHEVER OF THE TWO ADVANCING  CANDIDATES  IS  RANKED  HIGHER  BY  THAT
VOTER.  ANY BALLOT THAT DOES NOT RANK EITHER OF THE TWO ADVANCING CANDI-
DATES  SHALL  NOT BE COUNTED IN THE SECOND ROUND. THE CANDIDATE WITH THE
MOST VOTES IN THE SECOND ROUND SHALL BE DECLARED THE WINNER.
  3. THAT PORTION OF THE BALLOT PERTAINING  TO  ELECTIONS  CONDUCTED  BY
INSTANT  RUN-OFF  VOTING SHALL ALLOW A VOTER TO RANK CANDIDATES IN ORDER
OF CHOICE IN A WAY THAT IS  CLEAR  AND  EASY  TO  UNDERSTAND  AND  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02091-02-6

S. 4586--A                          2

INCLUDE  THE OPPORTUNITY TO RANK NO MORE THAN ONE WRITE-IN CANDIDATE. TO
THE EXTENT POSSIBLE, BALLOTS SHALL BE DESIGNED SO THAT A VOTER MAY  MARK
THAT  VOTER'S FIRST CHOICE IN THE SAME MANNER AS FOR OFFICES NOT ELECTED
BY INSTANT RUN-OFF VOTING.
  4.  INSTRUCTIONS ON THE BALLOT FOR ELECTIONS CONDUCTED BY INSTANT RUN-
OFF VOTING MUST CONFORM SUBSTANTIALLY TO THE  FOLLOWING  SPECIFICATIONS,
SUBJECT  TO  MODIFICATION  BASED ON BALLOT DESIGN, USABILITY TESTING AND
VOTING MACHINES: "VOTE FOR CANDIDATES BY  INDICATING  YOUR  FIRST-CHOICE
CANDIDATE  AND  RANKING  ADDITIONAL  CANDIDATES  IN ORDER OF PREFERENCE.
INDICATE YOUR FIRST CHOICE BY INDICATING A NUMBER "1"  BESIDE  A  CANDI-
DATE'S  NAME,  YOUR  SECOND  CHOICE  BY INDICATING A NUMBER "2" BESIDE A
CANDIDATE'S NAME, YOUR THIRD CHOICE BY MARKING THE NUMBER "3"  BESIDE  A
CANDIDATE'S  NAME  AND SO ON. YOU MAY CHOOSE TO RANK ONLY ONE CANDIDATE,
BUT RANKING ANOTHER CANDIDATE AS A LOWER CHOICE WILL NOT HURT YOUR FIRST
CHOICE. YOU MAY RANK THE SAME CANDIDATE MORE THAN ONCE,  BUT  THE  ADDI-
TIONAL RANKING DOES NOT HELP THAT CANDIDATE. DO NOT MARK THE SAME NUMBER
BESIDE MORE THAN ONE CANDIDATE. DO NOT SKIP NUMBERS."
  5.  THE  BOARD  OF  ELECTIONS, WITH THE APPROVAL OF THE STATE BOARD OF
ELECTIONS, MAY PROVIDE FOR THE USE OF MECHANICAL,  ELECTRONIC  OR  OTHER
DEVICES  FOR SORTING AND COUNTING BALLOTS AND TABULATING RESULTS AND MAY
MODIFY THE FORM OF THE BALLOTS, AND THE METHOD OF SORTING, COUNTING, AND
INVALIDATING BALLOTS AND THE TABULATING AND  RECOUNTING  OF  VOTES  WITH
RESPECT  TO OFFICES ELECTED BY INSTANT RUN-OFF VOTING, PROVIDED THAT ANY
CHANGE MADE SUBSTANTIALLY CONFORMS TO THIS CHAPTER.
  S 2. Paragraph (c) of subdivision 2 of section 7-114 of  the  election
law,  as  amended by chapter 234 of the laws of 1976, is amended to read
as follows:
  (c) On the front of the stub, above the perforated line at the top  of
the paper ballot shall be printed the same instructions as on the gener-
al  election ballot, AND ADDITIONAL INSTRUCTIONS, IF ANY, REQUIRED UNDER
SECTION 6-162 OF THIS CHAPTER.
  S 3. This act shall take effect January 1, 2017.

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The New York State Senate

senate Bill S4586

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Committee Vote: Jun 15, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 1, 2015 - Elections committee Vote

Elections Committee Vote: Jun 1, 2015

Bill Amendments

Co-Sponsors

S4586 - Details

S4586 - Summary

S4586 - Sponsor Memo

S4586 - Bill Text download pdf

Co-Sponsors

S4586A (ACTIVE) - Details

S4586A (ACTIVE) - Summary

S4586A (ACTIVE) - Sponsor Memo

S4586A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4586

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Committee Vote: Jun 15, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 1, 2015 - Elections committee Vote

Elections Committee Vote: Jun 1, 2015

Bill Amendments

Co-Sponsors

Liz Krueger

S4586 - Details

S4586 - Summary

S4586 - Sponsor Memo

S4586 - Bill Text download pdf

Co-Sponsors

Liz Krueger

S4586A (ACTIVE) - Details

S4586A (ACTIVE) - Summary

S4586A (ACTIVE) - Sponsor Memo

S4586A (ACTIVE) - Bill Text download pdf

Comments