The New York State Senate

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

                                  5261

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2019
                               ___________

Introduced by M. of A. MOSLEY -- 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 Section 6-162 of the election law is  REPEALED  and  a  new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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09433-01-9

A. 5261                             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.
  § 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, 2020.