S T A T E O F N E W Y O R K
________________________________________________________________________
541
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Election Law
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"
OR "RANKED CHOICE" VOTING SYSTEM, CONSISTENT WITH THE PROVISIONS OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03822-01-1
A. 541 2
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city of New York is REPEALED.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city of New York is REPEALED.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,
2022.