S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9512
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend  the election law, the New York city charter, and the
   administrative code of the city of New York, in relation to  prohibit-
   ing  ranked  choice  voting  and  requiring  run-off elections for any
   election in which no candidate receives more than fifty percent of the
   vote; and to repeal certain provisions of the New  York  city  charter
   and the election law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 8 of the election law is amended by  adding  a  new
 title 7 to read as follows:
                                   TITLE 7
                            GENERAL PROVISIONS
   SECTION 8-700. RANKED CHOICE VOTING PROHIBITED.
           8-702. RUN-OFF ELECTIONS.
   §  8-700.  RANKED CHOICE VOTING PROHIBITED. RANKED CHOICE VOTING SHALL
 NOT BE UTILIZED FOR ANY ELECTION HELD IN THE STATE. FOR PURPOSES OF THIS
 TITLE "RANKED CHOICE VOTING" SHALL MEAN A METHOD  OF CASTING  AND  TABU-
 LATING  VOTES  THAT  SIMULATES THE BALLOT COUNTS THAT WOULD OCCUR IF ALL
 VOTERS PARTICIPATED IN A SERIES OF RUN-OFF ELECTIONS, WHEREBY THE VOTERS
 RANK CANDIDATES ACCORDING TO THE ORDER OF THEIR CHOICE AND, IF NO CANDI-
 DATE HAS RECEIVED A MAJORITY OF VOTES, THE  CANDIDATE  WITH  THE  FEWEST
 FIRST  CHOICE  VOTES  SHALL  BE  ELIMINATED AND THE REMAINING CANDIDATES
 ADVANCE TO ANOTHER COUNTING ROUND. IN EVERY ROUND, EACH BALLOT SHALL  BE
 COUNTED AS ONE VOTE FOR THE HIGHEST RANKED  ADVANCING CANDIDATE.
   §  8-702. RUN-OFF ELECTIONS. WHEN NO CANDIDATE FOR ANY OFFICE RECEIVES
 MORE THAN FIFTY PERCENT OF THE VOTE, THE BOARD OF ELECTIONS  ADMINISTER-
 ING THE ELECTION SHALL CONDUCT A RUN-OFF ELECTION BETWEEN THE TWO CANDI-
 DATES RECEIVING THE GREATEST NUMBER OF VOTES FOR THE SAME OFFICE. 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 ELECTION, THE BOARD SHALL
 ACCEPT AND CERTIFY THE WITHDRAWAL AND DECLARE  THE  REMAINING  CANDIDATE
 THE  WINNER AND NO SUCH RUN-OFF ELECTION SHALL BE HELD. SUCH CERTIFICATE
 OF WITHDRAWAL SHALL BE IN AFFIDAVIT OR AFFIRMATION FORM AS DETERMINED BY
 THE STATE BOARD OF ELECTIONS.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11879-02-1
 A. 9512                             2
 
   § 2. Subdivision 1 of section 9-112 of the election law, as amended by
 chapter 334 of the laws of 2013, is amended to read as follows:
   1. The whole ballot is void if the voter (a) does any act extrinsic to
 the  ballot  such  as enclosing any paper or other article in the folded
 ballot or (b) defaces or tears the ballot  except  that  a  ballot  card
 which  is  in  perforated sections shall not be void because it has been
 separated into sections or (c) makes any erasure thereon  or  (d)  makes
 any mark thereon other than a cross X mark or a check V mark in a voting
 square,  or  filling in the voting square, OR (E) MAKES ANY MARK ON SUCH
 BALLOT INDICATING THAT SUCH VOTER IS RANKING THE CANDIDATES or [(e)] (F)
 writes, other than in the space provided, a  name  for  the  purpose  of
 voting; except that an erasure or a mark other than a valid mark made in
 a  voting  square  shall  not  make the ballot void, but shall render it
 blank as to the office, party position or ballot proposal in  connection
 with  which  it  is  made. No ballot shall be declared void or partially
 blank because a mark thereon is irregular  in  form.  The  term  "voting
 square"  shall include the voting space provided for a voter to mark his
 or her vote for a candidate or ballot proposal.
   § 3. Section 1057-g of the New York city charter is REPEALED.
   § 4.  Paragraph 10 of subdivision c of section 10 of the New York city
 charter, as amended by section 2 of question 1 of local law  number  215
 of  the  city  of  New  York  for  the  year 2019, is amended to read as
 follows:
   10. If an election is held pursuant  to  this  subdivision  for  which
 nominations  were made by independent nominating petitions, [and if such
 election has not utilized ranked choice voting as  provided  in  section
 1057-g,]  and  if  at  such election, no candidate receives [forty] MORE
 THAN FIFTY percent [or more] of the vote, the two  candidates  receiving
 the most votes shall advance to a runoff election which shall be held on
 the  second  Tuesday next succeeding the date on which such election was
 held.
   § 5.  Section 6-162 of the election law is REPEALED.
   § 6. Paragraph (b) of subdivision 1 of section 8-100 of  the  election
 law,  as amended by chapter 6 of the laws of 2019, is amended to read as
 follows:
   (b) [In] WITH THE EXCEPTION OF VILLAGE ELECTIONS, IN the event a  run-
 off  [primary]  election is required [in the city of New York], it shall
 be held on the fourth Tuesday next succeeding  the  date  on  which  the
 initial [primary] election was held.
   §  7.  Subdivision 1, paragraph (b) of subdivision 2, and subparagraph
 (ii) of paragraph (e) of subdivision 4 of section 8-600 of the  election
 law, subdivision 1 and subparagraph (ii) of paragraph (e) of subdivision
 4 as added by chapter 6 of the laws of 2019, and paragraph (b) of subdi-
 vision  2  as  added  by chapter 110 of the laws of 2021, are amended to
 read as follows:
   1. Beginning the tenth day prior  to  any  general,  primary,  run-off
 [primary  pursuant  to subdivision one of section 6-162 of this chapter]
 or special election for any public or party position except for such  an
 election held pursuant to title two of article six or article fifteen of
 this  chapter,  and ending on and including the second day prior to such
 general, primary, run-off [primary] or special election for such  public
 office  or  party position, persons duly registered and eligible to vote
 at such election shall be permitted to vote as provided in  this  title.
 The  board  of elections shall establish procedures, subject to approval
 of the state board of elections, to ensure that persons who vote  during
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 the  early  voting period shall not be permitted to vote subsequently in
 the same election.
   (b) For any special, primary or run-off [primary] election at which no
 voters of the municipality with the highest population within the county
 are  eligible  to vote, the board of elections may, in lieu of having an
 early voting polling place in such  municipality,  designate  a  polling
 place  for  early voting in the municipality with the highest population
 within the county within which the voters are eligible to vote  at  such
 special, primary, or run-off [primary] election.
   (ii)  a  run-off [primary pursuant to subdivision one of section 6-162
 of this chapter] ELECTION shall be made as soon as practicable.
   § 8. Paragraph d of subdivision 1 of section 15-104  of  the  election
 law,  as  amended by chapter 684 of the laws of 2006, is amended to read
 as follows:
   d. Except as otherwise provided by law, to be  elected  in  a  village
 election,  a  candidate must receive more votes than any other candidate
 for the office. In the event [of a tie at a village  election]  THAT  NO
 CANDIDATE  RECEIVES  MORE  THAN  FIFTY  PERCENT  OF  THE VOTE, a run-off
 election shall be conducted pursuant to the provisions of section 15-126
 of this article; provided, however, that if  [all]  THE  TWO  candidates
 receiving  [an equal] THE GREATEST number of votes agree to waive a run-
 off  election,  the  election  shall  be  determined  according  to  the
 provisions  of  paragraph d of subdivision two of section 15-126 of this
 article.
   § 9. Paragraphs b and c of subdivision 2  of  section  15-126  of  the
 election law, as amended by chapter 684 of the laws of 2006, are amended
 to read as follows:
   b.  In the event that [more eligible persons than the number remaining
 to be elected receive for the same office or offices an equal number  of
 votes]  NO  CANDIDATE  RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE, the
 board of trustees shall conduct  a  run-off  election  BETWEEN  THE  TWO
 PERSONS RECEIVING THE GREATEST NUMBER OF VOTES FOR THE SAME OFFICE. Such
 run-off  election  shall  be held on the first Tuesday at least ten days
 after the final certification of  such  [tie]  result,  subject  to  the
 provisions of paragraph b of subdivision three of section 15-104 of this
 article,  provided,  however,  that the only persons who shall be deemed
 nominated shall be those TWO  persons  who  shall  have  received  [such
 equal]  THE  GREATEST number of votes. The order of the candidates names
 on the ballot shall be determined by a drawing conducted  by  a  village
 clerk,  in  the  presence of all those persons who received such [equal]
 number of votes, or a representative of such persons.
   c. Such run-off election may be waived and the selection made  by  lot
 as  otherwise  provided by this section if [each person] THE TWO PERSONS
 who shall have received such [equal] GREATEST number of votes shall file
 with the village clerk, no later than two days after such final  certif-
 ication  of  such  tie  result,  a  written  notice of consent that such
 selection be made by lot.
   § 10. Subdivision 10 of section 3-702 of the  administrative  code  of
 the  city  of New York, as amended by local law number 12 of the city of
 New York for the year 2003, is amended to read as follows:
   10. The term "covered  election"  shall  mean  any  primary,  [run-off
 primary,]  special, run-off [special] or general election for nomination
 for election, or election, to the  office  of  mayor,  public  advocate,
 comptroller, borough president or member of the city council.
   §  11. Subparagraph (iii) of paragraph (f) of subdivision 1 and subdi-
 vision 1-a of section 3-703 of the administrative code of  the  city  of
 A. 9512                             4
 
 New  York,  subparagraph  (iii)  of  paragraph  (f)  of subdivision 1 as
 amended by local law number 128 of the city of New  York  for  the  year
 2019  and  subdivision 1-a as amended by local law number 67 of the city
 of New York for the year 2007, are amended to read as follows:
   (iii)  for  member of the city council, shall exceed one thousand five
 hundred dollars; provided that a participating candidate and his or  her
 principal  committee  or  a  non-participating  candidate and his or her
 authorized committees may accept additional contributions which  do  not
 exceed  one half the amount of the applicable limitation for any run-off
 [primary] election, additional day for voting held pursuant  to  section
 3-108  of  the  New  York state election law, special election to fill a
 vacancy, [run-off special election to fill a vacancy,] delayed or other-
 wise postponed election, or election held pursuant to court order  which
 is  a  covered  election and in which the candidate seeks nomination for
 election or election; and provided further that for the purposes of this
 paragraph, contributions made by different labor organizations shall not
 be aggregated or treated as contributions from a single contributor  for
 purposes  of  the contribution limit that is set forth in this paragraph
 if those labor organizations make contributions from different accounts,
 maintain separate accounts with different signatories, do  not  share  a
 majority of members of their governing boards, and do not share a major-
 ity of the officers of their governing boards; and provided further that
 if  state  law  prescribes a contribution limitation of a lesser amount,
 this paragraph shall not be deemed to authorize acceptance of a contrib-
 ution in excess of such lesser amount.   The maximum  contributions  set
 forth in this paragraph shall be adjusted in accordance with subdivision
 seven of this section;
   1-a.  Notwithstanding  any  inconsistent  provision of this section, a
 participating candidate or  his  or  her  principal  committee  may  not
 accept,  either  directly  or  by transfer, any contribution or contrib-
 utions for a covered election in which he  or  she  is  a  participating
 candidate from a natural person who has business dealings with the city,
 as that term is defined in subdivision eighteen of section 3-702 of this
 chapter,  if  the aggregate of such contributions to such candidate from
 such person for all covered elections in the same calendar year exceeds:
 (i) for the office of mayor, public advocate or comptroller four hundred
 dollars; (ii) for borough president three hundred  twenty  dollars;  and
 (iii) for member of the city council two hundred fifty dollars; provided
 that  a  participating  candidate  or his or her principal committee may
 accept additional contributions which do not exceed one half the  amount
 of  the  applicable limitation for any run-off [primary] election, addi-
 tional day for voting held pursuant to section 3-108  of  the  New  York
 state election law, special election to fill a vacancy, [run-off special
 election to fill a vacancy,] delayed or otherwise postponed election, or
 election held pursuant to court order which is a covered election and in
 which  the  candidate  seeks  nomination  for  election or election. Any
 contribution made pursuant to this section  shall  not  be  a  matchable
 contribution.  For  purposes of this subdivision, "person" shall include
 any chief executive officer, chief financial officer and/or chief  oper-
 ating  officer  of  an entity which has business dealings with the city,
 any person employed in a senior managerial capacity  regarding  such  an
 entity,  or  any person with an interest in such an entity which exceeds
 ten percent of the entity. For purposes of this subdivision, the  phrase
 "senior managerial capacity" shall mean a high level supervisory capaci-
 ty, either by virtue of title or duties, in which substantial discretion
 and  oversight  is  exercised over the solicitation, letting or adminis-
 A. 9512                             5
 
 tration of business transactions with  the  city,  including  contracts,
 franchises,  concessions,  grants,  economic  development agreements and
 applications for land use approvals.  Notwithstanding any  provision  of
 this  subdivision,  the  limitations  on  contributions contained herein
 shall not apply to any contribution made by a  natural  person  who  has
 business  dealings  with the city to a participating candidate or his or
 her principal  committee  where  such  participating  candidate  is  the
 contributor,  or where such participating candidate is the contributor's
 parent, spouse, domestic  partner,  sibling,  child,  grandchild,  aunt,
 uncle, cousin, niece or nephew by blood or by marriage.
   §  12. Paragraphs (a) and (c) of subdivision 5 of section 3-705 of the
 administrative code of the city of New York, as  amended  by  local  law
 number 12 of the city of New York for the year 2003, are amended to read
 as follows:
   (a) Notwithstanding any other provision of this chapter, a participat-
 ing  candidate  in a run-off [primary] election held pursuant to section
 [6-162] 8-702 of the New York state election law [or a  run-off  special
 election  to  fill  a vacancy] shall obtain prompt payment for qualified
 campaign expenditures in an amount equal to twenty-five cents  for  each
 one  dollar  of public funds paid pursuant to this chapter to the candi-
 date's principal committee for the preceding election.
   (c) Except as provided for by this subdivision and any  rules  promul-
 gated hereby, no public funds shall be provided to any candidate for any
 run-off  [primary  election, run-off special] election [to fill a vacan-
 cy], additional day for voting, election held pursuant to  court  order,
 or delayed or otherwise postponed election.
   §  13.  Subparagraph  (i) of paragraph (b) of subdivision 1 of section
 3-706 of the administrative code of the city of New York, as amended  by
 local  law  number  34  of  the  city  of New York for the year 2007, is
 amended to read as follows:
   (i) The expenditure limitation in a run-off  [primary]  election  held
 pursuant to section [6-162] 8-702 of the New York state election law [or
 a run-off special election held to fill a vacancy] shall be one half the
 amount  of  the  applicable limitation provided for an election for such
 office pursuant to the provisions of paragraph (a) of this subdivision.
   § 14. Subdivisions 5 and 6 of section 3-709 of the administrative code
 of the city of New York, subdivision 5 as amended by  local  law  number
 128  of  the  city  of  New  York for the year 2019 and subdivision 6 as
 amended by local law number 12 of the city of  New  York  for  the  year
 2003,  paragraph (a) of subdivision 6 as amended by local law number 168
 of the city of New York for the  year  2016,  are  amended  to  read  as
 follows:
   5. (A) No moneys shall be paid to participating candidates in a prima-
 ry  or general election any earlier than December 15 of the year preced-
 ing the primary election, or the thirtieth day after a special  election
 is held to fill a vacancy for the office sought by the candidate; which-
 ever is later.
   [(a)]  (B)  No  moneys  shall be paid to participating candidates in a
 run-off [primary] election held pursuant to section [6-162] 8-702 of the
 election law any earlier than the day after the  day  of  the  [primary]
 election held to nominate candidates for such election.
   [(b)  No moneys shall be paid to participating candidates in a run-off
 special election held to fill a vacancy any earlier than the  day  after
 the  day of the special election for which such run-off special election
 is held.]
 A. 9512                             6
 
   6. [(a)] No moneys shall be paid  to  participating  candidates  in  a
 run-off [primary] election held pursuant to section [6-162] 8-702 of the
 election  law  any  earlier  than the day after the day of the [primary]
 election held to nominate candidates for such election.
   [(b)  No moneys shall be paid to participating candidates in a run-off
 special election held to fill a vacancy any earlier than the  day  after
 the  day of the special election for which such run-off special election
 is held.]
   § 15. Paragraph (b) of subdivision 1 and subparagraph  (ii)  of  para-
 graph (b) of subdivision 5 of section 3-709.5 of the administrative code
 of  the city of New York, as amended by local law number 169 of the city
 of New York for the year 2016, are amended to read as follows:
   (b) In any year in  which  a  run-off  [primary  or  run-off  special]
 election  to  fill a vacancy for a city-wide office is held, any partic-
 ipating candidate and any limited participating candidate for nomination
 or election to such city-wide office who is on the ballot shall  partic-
 ipate  in  one run-off election debate. If, seven days prior to the date
 of the run-off election debate, the New York city board of elections has
 not yet approved a  finalized  run-off  ballot,  the  participating  and
 limited participating candidates with the two highest vote counts in the
 [primary   or   special]  election  immediately  preceding  the  run-off
 election, as determined by the New York city board of elections  unoffi-
 cial election results, shall participate in one run-off election debate.
 If  any  additional  candidate  is separated from the candidate with the
 second highest vote count by one percent or less of all  votes  cast  in
 the  [special  or  primary]  election  immediately preceding the run-off
 election, as determined by the New York city board of elections  unoffi-
 cial  election  results,  then  such candidate shall also participate in
 such run-off election debate. If the New York city  board  of  elections
 determines  prior to the run-off debate that a run-off election will not
 take place, the debate sponsors and the board shall cancel  the  run-off
 election debate.
   (ii)  If  a  debate  sponsor  has  determined that a non-participating
 candidate has met all the non-partisan, objective, and non-discriminato-
 ry criteria applicable to participating candidates and  limited  partic-
 ipating candidates for access to any of the primary, general, or special
 election  debates,  the sponsor may invite that candidate to participate
 in such debate. In the case of a run-off [primary election or a  run-off
 special]  election, the sponsor may invite a non-participating candidate
 to participate in such debate. However, if a non-participating candidate
 does not accept such invitation to debate or does  not  appear  at  such
 debate,  the debate shall go forward as scheduled; provided, however, if
 there is only  one  participating  candidate  or  limited  participating
 candidate  participating  in  any  such  debate,  such  debate  shall be
 canceled.
   § 16. Clause (iii) of subparagraph (a) of paragraph 15 of  subdivision
 a of section 1052 of the New York city charter, as added by section 7 of
 question  2  of local law number 60 of the city of New York for the year
 2010, is amended to read as follows:
   (iii) "Covered election" shall mean any  primary,  [run-off  primary,]
 special,  run-off  [special]  or  general  election  for  nomination for
 election, or election, to the office of mayor,  public  advocate,  comp-
 troller, borough president or member of the city council.
   §  17.  This  act shall take effect immediately and shall apply to all
 elections held in the state on or after January 1, 2023.