The New York State Senate

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

                                  10844

                          I N  A S S E M B L Y

                              May 23, 2018
                               ___________

Introduced  by M. of A. SIMON -- read once and referred to the Committee
  on Election Law

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  Section  6-162  of the election law is REPEALED and a new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:
  § 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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01447-03-7

A. 10844                            2

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.
  §  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.
  § 3. This act shall take effect January 1, 2019.