Senate Bill S5605

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5605
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2017
                                ___________
 
 Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Elections
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10939-01-7

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 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.
   §  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.
   § 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.
   §  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:
   "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

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 "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.
   § 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.
   §  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.
   § 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.

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   §  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.
   § 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.