NY State Senate Bill 2019-S1447A

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2020	print number 1447a
Jan 16, 2020	amend (t) and recommit to elections
Jan 08, 2020	referred to elections
Jan 14, 2019	referred to elections

Bill Amendments

Original

A (Active)

2019-S1447 - Details

See Assembly Version of this Bill:: A8370
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §6-162, El L; rpld §3-705 sub 5, §3-709 sub 6, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7033
2015-2016: S3800
2017-2018: S4110
2021-2022: S2625, A541
2023-2024: S6990
2025-2026: S6302

2019-S1447 - Summary

Requires that elections for municipal office in the city of New York shall use an "instant run-off" or "ranked choice" voting system.

2019-S1447 - Sponsor Memo

                                
 
BILL NUMBER: S1447

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the election law, in relation to enacting the "NYC
instant run-off voting act"; and to repeal subdivision 5 of section
3-705 and subdivision 6 of section 3-709 of the administrative code of
the city of New York relating to certain run-off elections in the city
of New York

 
PURPOSE:

This bill improves the current run-off system of elections for New York
City offices by eliminating the current costly and low-turnout run-off
election system in favor of an "instant runoff," whereby voters rank
candidates by order of preference and the top two vote getters (if none
receives an outright majority of votes), instantly move to a second and
final round of counting based on the votes cast for them on the ballots
of eliminated candidates.

SUMMARY OF PROVISIONS:

§ 1. Provides that the title of the act shall be the "instant run-off
voting act."

§ 2. Section two provides for legislative findings.

§ 3. Amends section 6-162 of the election law to specify that all
elections for municipal office in New York City use an "instant run-off
voting" system. On every ballot using instant run-off voting, voters
shall be given the chance to rank candidates in order of their prefer-
ence. Ballots will be counted initially according to first choice, and
if one candidate receives a majority of votes cast then the board of
elections will certify that candidate as the winner. If no candidate
receives a majority of the first choice voices, the Board of Elections
will recount the ballots that rank the eliminated candidates as the
first choice and that indicate one of the non-eliminated candidates as
an alternative choice. Each ballot is counted as one vote for the high-
est ranked candidate on that ballot who has not been eliminated. The
candidate with the greater number of votes after the second round shall
be certified as the winner.

§ 4. Repeals subdivision 5 of section 6-162 of the election law that
relates to the administrative code of the city of New York.1/10/2019

§ 5. repeals subdivision 6 of section 6-162 of the election law that
relates to the administrative code of the city of New York.

§ 6. Provides that the act shall take effect' immediately.

 
EXISTING LAW:

Corporations can spend their resources to influence election outcomes.

 
JUSTIFICATION:

In 2013, New York City was required to hold a runoff election for the
office of NYC Public Advocate. The runoff was necessary because none of
the five candidates in the Democratic primary received 40 percent of the
vote. Less than 190,000 Democrats voted in the runoff election. As of
April 1, 2013 there were approximately 3.2 million registered Democrats
in New York City. The runoff election cost New York City approximately
$13 million for a meager election day turn-out.

The current run-off system of voting in primary elections for offices of
mayor, comptroller and public advocate in New York City is unduly expen-
sive and generates an unacceptably low turnout of voters. An instant
run-off voting system would eliminate the need for a costly second
election and avoid the meager election day turn-outs of runoff
elections. Variations of instant runoff voting are utilized by several
cities in the United States including San Francisco, CA, San Leandro,
CA, Oakland CA, Portland, ME, Minneapolis, MN, Saint Paul, MN, Takoma
Park, MD and Telluride, CO.

 
LEGISLATIVE HISTORY:

01/06/16 Referred to Elections

02/17/15 Referred to Elections

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

No cost to the State. Will save New York City the cost of running runoff
elections which cost $13 million in 2013.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1447 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1447
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  enacting  the  "NYC
   instant  run-off  voting  act"; and to repeal subdivision 5 of section
   3-705 and subdivision 6 of section 3-709 of the administrative code of
   the city of New York relating to certain run-off elections in the city
   of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "NYC instant run-off voting act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that  the  run-off system of voting in primary elections for the offices
 of mayor, comptroller and public advocate in New  York  city  is  unduly
 expensive  and  generates  an unacceptably low turnout of voters.  Addi-
 tionally, the absence of any run-off system at all for  the  offices  of
 borough  president  and  council member has resulted in candidates being
 elected with much less than a majority of the votes  cast,  and  signif-
 icantly  dilutes minority voting power when multiple minority candidates
 compete for the same office. In an "instant run-off" system, voters rank
 candidates by order of preference, and if no candidate receives a major-
 ity of first-place votes, the top two candidates have the votes of elim-
 inated candidates redistributed to them in order of each voter's prefer-
 ence. The candidate with the most votes after this "second round" is the
 winner. An instant run-off voting system eliminates the need for a cost-
 ly and sparsely attended second election, rewards candidates who broaden
 their appeal as widely as possible, and promotes minority representation
 by limiting the dilution of minority voting power when multiple minority
 candidates are on the ballot for the same office.
   § 3. Section 6-162 of the election law, as amended by chapter  424  of
 the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06217-01-9

 S. 1447                             2
 
   § 6-162. [Primary; New York City, run-off. 1. In the city of New York,
 when  no  candidate  for  the  office of mayor, public advocate or comp-
 troller receives forty percent or more of the votes cast by the  members
 of  a  political  party for such office in a city-wide primary election,
 the  board  of  elections  of  such city shall conduct a run-off primary
 election between the two candidates receiving  the  greatest  number  of
 votes for the same office.
   2.  In  any  jurisdiction  that  authorizes a run-off election after a
 primary election, if one of the two candidates  receiving  the  greatest
 number  of  votes  for  the  same  office  files with the local board of
 elections a certificate of withdrawal within three days  following  such
 primary  election, the board shall accept and certify the withdrawal and
 declare the remaining candidate the winner and no such  run-off  primary
 election shall be held. Such certificate of withdrawal shall be in affi-
 davit   or  affirmation  form  as  determined  by  the  state  board  of
 elections.] INSTANT RUN-OFF VOTING IN NEW YORK CITY.  1.  ELECTIONS  FOR
 MUNICIPAL  OFFICE  IN THE CITY OF NEW YORK SHALL USE AN "INSTANT RUN-OFF
 VOTING" SYSTEM.
   2. ON EVERY BALLOT USING INSTANT RUN-OFF VOTING, THE VOTERS  SHALL  BE
 GIVEN  THE  OPPORTUNITY TO RANK CANDIDATES IN THE ORDER OF THEIR PREFER-
 ENCE.
   3. THE FOLLOWING PROCEDURES SHALL BE  USED  TO  DETERMINE  WINNERS  IN
 INSTANT RUN-OFF VOTING:
   (A)  THE  BALLOTS  SHALL  BE  COUNTED INITIALLY ACCORDING TO THE FIRST
 CHOICE MARKED ON EACH BALLOT. IF ONE CANDIDATE RECEIVES FORTY PERCENT OF
 THE VOTES CAST, THE BOARD OF ELECTIONS SHALL CERTIFY THAT  CANDIDATE  AS
 THE WINNER.
   (B)  IF  AT  THE  END  OF  THE INITIAL ROUND OF COUNTING, NO CANDIDATE
 RECEIVED FORTY PERCENT OF FIRST CHOICES, ALL CANDIDATES SHALL BE  ELIMI-
 NATED EXCEPT THE TWO CANDIDATES WITH THE GREATEST NUMBER OF FIRST CHOIC-
 ES.  THE  BOARD OF ELECTIONS SHALL THEN CONDUCT A SECOND, FINAL ROUND OF
 COUNTING IN WHICH BALLOTS THAT RANK ELIMINATED  CANDIDATES  AS  A  FIRST
 CHOICE AND THAT INDICATE ONE OF THE UNELIMINATED CANDIDATES AS AN ALTER-
 NATIVE  CHOICE  SHALL  BE COUNTED AS VOTES FOR WHICHEVER OF THE UNELIMI-
 NATED CANDIDATES IS RANKED HIGHER ON EACH BALLOT. IN THE  SECOND  ROUND,
 EACH  BALLOT  IS COUNTED AS ONE VOTE FOR THE HIGHEST RANKED CANDIDATE ON
 THAT BALLOT WHO HAS NOT BEEN ELIMINATED. THE CANDIDATE WITH THE  GREATER
 NUMBER OF VOTES IN THE SECOND ROUND SHALL BE CERTIFIED AS THE WINNER.
   (C)  IN  CASE OF A TIE BETWEEN CANDIDATES SUCH THAT TWO OR MORE CANDI-
 DATES HAVE AN EQUAL NUMBER OF FIRST CHOICES AND MORE THAN TWO CANDIDATES
 QUALIFY FOR THE SECOND ROUND, INSTANT RUN-OFF VOTING SHALL  BE  USED  TO
 DETERMINE WHICH TWO CANDIDATES SHALL ADVANCE TO THE SECOND ROUND.
   §  4. Subdivision 5 of section 3-705 of the administrative code of the
 city of New York is REPEALED.
   § 5. Subdivision 6 of section 3-709 of the administrative code of  the
 city of New York is REPEALED.
   § 6. This act shall take effect immediately.

co-Sponsors

2019-S1447A (ACTIVE) - Details

See Assembly Version of this Bill:: A8370
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §6-162, El L; rpld §3-705 sub 5, §3-709 sub 6, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7033
2015-2016: S3800
2017-2018: S4110
2021-2022: S2625, A541
2023-2024: S6990
2025-2026: S6302

2019-S1447A (ACTIVE) - Summary

Requires that elections for municipal office in the city of New York shall use an "instant run-off" or "ranked choice" voting system.

2019-S1447A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1447A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the election law, in relation to primary elections in
the city of New York; and to repeal subdivision 5 of section 3-705 and
subdivision 6 of section 3-709 of the administrative code of the city of
New York relating to certain run-off elections in the city of New York

 
PURPOSE:

This bill harmonizes the Election Law with the provision of the New York
City Charter that was adopted, pursuant to an overwhelming majority of
voters in the City of New York. The legislation would allow voters the
choice of ranking up to five candidates in primary and special elections
for Mayor, Public Advocate, Comptroller, Borough President, and City
Council starting in January 2021.

This improves the current run-off system of elections for New York City
offices by eliminating the current costly and low-turnout run-off
election system in favor of an "instant runoff," whereby voters rank

candidates by order of preference and the top two vote getters (if none
receives an outright majority of votes), instantly move to rounds of
counting based on the votes cast for them on the ballots of eliminated
candidates. This bill clarifies state law accordingly.

 
SUMMARY OF PROVISIONS:

§ 1.Amends the Election Law to clarify that municipal elections within
the City of New York shall be operated pursuant to the New York City
Charter and Administrative Code provisions that establish an instant
run-off or ranked choice voting system.

§ 2 and 3. Amends the Administrative Code of the City of New York to
remove unnecessary references to a run-off primary.

§ 4. Provides that the act shall take effect immediately and apply to
all New York City municipal elections conducted on or after January 1,
2021, consistent with the New York City Charter.

 
EXISTING LAW:

The New York City Charter now directs that the City of New York shall
use a system of instant run-off or ranked choice voting elections.  This
conforms State Election Law with the recent revision to the City Char-
ter.

 
JUSTIFICATION:

In 2013, New York City was required to hold a runoff election for the
office of NYC Public Advocate. The runoff was necessary because none of
the five candidates in the Democratic primary received 40 percent of the
vote. Less than 190,000 Democrats voted in the runoff election. As of
April 1, 2013, there were approximately 3.2 million registered Democrats
in New York City. The runoff election cost New York City approximately
$13 million for a meager Election Day turnout.


The current run-off system of voting in primary elections for offices of
mayor, comptroller and public advocate in New York City is unduly expen-
sive and generates an unacceptably low turnout of voters. An instant
run-off voting system would eliminate the need for a costly second
election and avoid the meager election day turnouts of runoff elections.
Recognizing the great value in implementing this system, New York City
residents overwhelmingly approved a revision to the City Charter at the
2019 November election. As a result, beginning in 2021, New York City
will use ranked choice voting processes. This legislation codifies the
approved revision to the City Charter in November 2019 referendum.

 
LEGISLATIVE HISTORY:

2019 Referred to Senate Elections

2019 Referred to Assembly Elections

2018 Referred to Senate Elections

2017 Referred to Senate Elections

2016 Referred to Senate Elections

2015 Referred to Senate Elections

 
FISCAL IMPLICATIONS:

No cost to the State. Will save New York City the cost of running runoff
elections, which cost $13 million in 2013.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1447A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1447--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  primary  elections  in
   the city of New York; and to repeal subdivision 5 of section 3-705 and
   subdivision  6 of section 3-709 of the administrative code of the city
   of New York relating to certain run-off elections in the city  of  New
   York
 
   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, as  amended  by  chapter
 424 of the laws of 2010, is amended to read as follows:
   § 6-162. [Primary; New York City, run-off. 1. In the city of New York,
 when  no  candidate  for  the  office of mayor, public advocate or comp-
 troller receives forty percent or more of the votes cast by the  members
 of  a  political  party for such office in a city-wide primary election,
 the board of elections of such city  shall  conduct  a  run-off  primary
 election  between  the  two  candidates receiving the greatest number of
 votes for the same office.
   2. In any jurisdiction that authorizes  a  run-off  election  after  a
 primary  election,  if  one of the two candidates receiving the greatest
 number of votes for the same  office  files  with  the  local  board  of
 elections  a  certificate of withdrawal within three days following such
 primary election, the board shall accept and certify the withdrawal  and
 declare  the  remaining candidate the winner and no such run-off primary
 election shall be held. Such certificate of withdrawal shall be in affi-
 davit  or  affirmation  form  as  determined  by  the  state  board   of
 elections.]  INSTANT  RUN-OFF  VOTING  IN  NEW  YORK CITY. ELECTIONS FOR
 MUNICIPAL OFFICE IN THE CITY OF NEW YORK SHALL USE AN "INSTANT  RUN-OFF"
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06217-02-0

 S. 1447--A                          2
 
 OR  "RANKED CHOICE" VOTING SYSTEM, CONSISTENT WITH THE PROVISIONS OF THE
 NEW YORK CITY CHARTER AND THE ADMINISTRATIVE CODE OF  THE  CITY  OF  NEW
 YORK.
   §  2. Subdivision 5 of section 3-705 of the administrative code of the
 city of New York is REPEALED.
   § 3. Subdivision 6 of section 3-709 of the administrative code of  the
 city of New York is REPEALED.
   §  4.  This  act  shall take effect immediately and shall apply to all
 municipal elections held in the city of New York on or after January  1,
 2021.

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Senate Bill S1447A

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

2019-S1447 - Details

2019-S1447 - Summary

2019-S1447 - Sponsor Memo

2019-S1447 - Bill Text download pdf

co-Sponsors

2019-S1447A (ACTIVE) - Details

2019-S1447A (ACTIVE) - Summary

2019-S1447A (ACTIVE) - Sponsor Memo

2019-S1447A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

2019-S1447 - Details

2019-S1447 - Summary

2019-S1447 - Sponsor Memo

2019-S1447 - Bill Text download pdf

co-Sponsors

Liz Krueger

Zellnor Myrie

2019-S1447A (ACTIVE) - Details

2019-S1447A (ACTIVE) - Summary

2019-S1447A (ACTIVE) - Sponsor Memo

2019-S1447A (ACTIVE) - Bill Text download pdf

Comments