S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8613
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced  by M. of A. KAVANAGH, LUPARDO, THIELE, LIFTON -- Multi-Spon-
   sored by -- M.  of A. RIVERA -- read once and referred to the  Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to establishing an instant
   runoff voting method for certain local 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 that 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 that 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
 least preferred candidate. Second, it insures that the elected candidate
 has true majority support. In addition, the instant runoff voting method
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01920-01-7

 A. 8613                             2
 
 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 at the  option
 of  local  governments  in  the  years  2017,  2018 and 2019. This pilot
 program would permit the  state  legislature  to  evaluate  the  broader
 application of the instant runoff voting method to elections in New York
 state.
   § 2. The election law is amended by adding a new article 18 to read as
 follows:
                                 ARTICLE 18
                       INSTANT RUNOFF VOTING METHOD
 
 SECTION 18-100. DEFINITIONS.
         18-102.  INSTANT  RUNOFF  VOTING  METHOD  AUTHORIZED  IN CERTAIN
                    CASES.
         18-104. INSTANT RUNOFF VOTING METHOD; BALLOTS.
         18-106. INSTANT RUNOFF VOTING METHOD; PROCEDURES.
         18-108. VOTER EDUCATION.
         18-110. CONSTRUCTION.
 
   § 18-100. 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.
   § 18-102. INSTANT RUNOFF VOTING METHOD AUTHORIZED IN CERTAIN CASES. 1.
 FOR  ELECTIONS TO BE HELD IN THE YEARS TWO THOUSAND SEVENTEEN, TWO THOU-
 SAND EIGHTEEN, AND TWO THOUSAND NINETEEN, LOCAL GOVERNMENTS  ARE  HEREBY
 AUTHORIZED  TO  CONDUCT  ELECTIONS  UTILIZING  THE INSTANT RUNOFF VOTING
 METHOD FOR THE FOLLOWING ELECTIONS: (A) MEMBER OF THE BOARD OF EDUCATION
 IN THE CASE OF A SCHOOL DISTRICT, (B) COUNTY EXECUTIVE AND COUNTY LEGIS-
 LATOR IN THE CASE OF A COUNTY, (C) MAYOR, MEMBER OF CITY COUNCIL, PUBLIC
 ADVOCATE, COMPTROLLER, AND BOROUGH PRESIDENT, IN THE CASE OF A CITY, (D)
 TOWN SUPERVISOR AND MEMBER OF TOWN COUNCIL IN THE CASE OF  A  TOWN,  AND
 (E)  MAYOR  AND  VILLAGE  TRUSTEE  IN THE CASE OF A VILLAGE.  "ELECTION"
 SHALL INCLUDE THE GENERAL ELECTION AND PRIMARY, WHERE APPLICABLE.
   2. IN ORDER TO IMPLEMENT THE INSTANT RUNOFF VOTING METHOD AS  PROVIDED
 IN  SUBDIVISION  ONE  OF  THIS  SECTION, THE GOVERNING BODY OF THE LOCAL
 GOVERNMENT SHALL ADOPT A  RESOLUTION  IMPLEMENTING  THE  INSTANT  RUNOFF

 A. 8613                             3
 
 METHOD  AS  AUTHORIZED BY THIS ARTICLE. SUCH RESOLUTION SHALL BE SUBJECT
 TO A PERMISSIVE REFERENDUM.
   3.  SUCH  RESOLUTION  SHALL  BE  ADOPTED BY THE GOVERNING BOARD OF THE
 LOCAL GOVERNMENT AT LEAST ONE HUNDRED EIGHTY DAYS  BEFORE  THE  ELECTION
 FOR WHICH INSTANT RUNOFF VOTING WILL BE UTILIZED.
   4.  THE  PROVISIONS  OF  SECTIONS 18-104, 18-106, 18-108 AND 18-110 OF
 THIS ARTICLE SHALL APPLY ONLY WHEN THREE OR MORE  CANDIDATES  HAVE  BEEN
 NOMINATED  OR  DESIGNATED FOR AN OFFICE ENUMERATED IN SUBDIVISION ONE OF
 THIS SECTION, AND THE GOVERNING BODY OF THE LOCAL GOVERNMENT HAS ENACTED
 A RESOLUTION IMPLEMENTING THE INSTANT RUNOFF VOTING METHOD.
   § 18-104. INSTANT  RUNOFF  VOTING  METHOD;  BALLOTS.  1.  FOR  OFFICES
 SUBJECT  TO THE INSTANT RUNOFF VOTING METHOD, THE BALLOT SHALL BE SIMPLE
 AND EASY TO UNDERSTAND AND ALLOW A  VOTER  TO  RANK  CANDIDATES  FOR  AN
 OFFICE 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 FEASI-
 BLE, BALLOTS SHALL 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  SHALL  CONFORM  SUBSTANTIALLY  TO  THE
 FOLLOWING  SPECIFICATIONS,  ALTHOUGH  SUBJECT  TO MODIFICATION, BASED ON
 BALLOT DESIGN AND VOTING MACHINE:
   "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 OFFICE SUBJECT TO THE INSTANT RUNOFF  VOTING
 METHOD  SHALL  ILLUSTRATE  THE  VOTING  PROCEDURE FOR THE INSTANT RUNOFF
 VOTING METHOD. SUCH A SAMPLE BALLOT SHALL BE INCLUDED WITH EACH ABSENTEE
 BALLOT.
   4. THE APPROPRIATE ELECTION OFFICIAL FOR A LOCAL GOVERNMENT WHERE  THE
 INSTANT  RUNOFF  VOTING METHOD HAS BEEN AUTHORIZED BY SAID LOCAL GOVERN-
 MENT SHALL INSURE THAT THE  NECESSARY  VOTING  SYSTEM,  VOTE  TABULATION
 SYSTEM,  OR  OTHER  SIMILAR  OR  RELATED EQUIPMENT SHALL BE AVAILABLE TO
 ACCOMMODATE THE INSTANT RUNOFF VOTING METHOD.
   § 18-106. INSTANT RUNOFF  VOTING  METHOD;  PROCEDURES.  THE  FOLLOWING
 PROCEDURES  SHALL  APPLY IN DETERMINING THE WINNER IN AN ELECTION FOR AN
 OFFICE SUBJECT TO THE INSTANT RUNOFF VOTING METHOD:
   1. THE FIRST CHOICE MARKED ON EACH BALLOT SHALL 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

 A. 8613                             4
 
 CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST, THAT CANDIDATE SHALL BE
 DECLARED ELECTED.
   4. IF A BALLOT HAS NO MORE AVAILABLE CHOICES RANKED ON IT, THAT BALLOT
 SHALL  BE  DECLARED EXHAUSTED. WHERE A BALLOT SKIPS ONE OR MORE NUMBERS,
 THAT BALLOT SHALL BE DECLARED EXHAUSTED WHEN THE SKIPPING OF NUMBERS  IS
 REACHED.  A BALLOT WITH THE SAME NUMBER FOR TWO OR MORE CANDIDATES SHALL
 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 CHAPTER.
   § 18-108. VOTER EDUCATION. WHERE  A  LOCAL  GOVERNMENT  SHALL  PASS  A
 RESOLUTION  AUTHORIZING  THE INSTANT RUNOFF VOTING METHOD, THE GOVERNING
 BODY SHALL CONDUCT A VOTER EDUCATION  CAMPAIGN  ON  THE  INSTANT  RUNOFF
 VOTING  SYSTEM  TO  FAMILIARIZE VOTERS WITH THE BALLOT DESIGN, METHOD OF
 VOTING, AND ADVANTAGES OF DETERMINING A  MAJORITY  WINNER  IN  A  SINGLE
 ELECTION.  THE GOVERNING BODY SHALL USE PUBLIC SERVICE ANNOUNCEMENTS, AS
 WELL AS SEEK OTHER MEDIA COOPERATION TO THE MAXIMUM EXTENT PRACTICABLE.
   § 18-110. CONSTRUCTION. ALL  ELECTIONS  HELD  BY  THE  INSTANT  RUNOFF
 VOTING METHOD PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO ALL THE OTHER
 PROVISIONS  OF  THIS  CHAPTER  AND ALL OTHER APPLICABLE LAWS RELATING TO
 ELECTIONS, SO FAR AS IS APPLICABLE AND NOT INCONSISTENT WITH THIS  CHAP-
 TER.
   §  3.  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.
   § 4. This act shall take effect immediately, and shall expire December
 31,  2022 when upon such date the provisions of this act shall be deemed
 repealed.