Bill Text: NY A00479 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a ranked choice voting method for nonpartisan primary elections.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - referred to election law [A00479 Detail]

Download: New_York-2023-A00479-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           479

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced by M. of A. CARROLL, EPSTEIN -- read once and referred to the
          Committee on Election Law

        AN  ACT  to amend the election law, in relation to establishing a ranked
          choice voting method for nonpartisan primary elections

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The election law is amended by adding a new article 18 to
     2  read as follows:
     3                                 ARTICLE 18
     4             RANKED CHOICE VOTING; NONPARTISAN PRIMARY ELECTIONS
     5  Section 18-100. Definitions.
     6          18-102. Ranked choice  voting  method  for  nonpartisan  primary
     7                     elections.
     8          18-104. Procedures.
     9          18-106. Ballots.
    10          18-108. Voter education.
    11          18-110. Construction.
    12    §  18-100.  Definitions.  For purposes of this section, "ranked choice
    13  voting method" shall mean a method of casting and tabulating votes  that
    14  simulates  the ballot counts that would occur if all voters participated
    15  in a series of runoff elections, whereby the voters rank  candidates  by
    16  preference  and,  if no candidate has received a majority of votes cast,
    17  then the candidate with the fewest first choice votes is eliminated  and
    18  the  remaining  candidates  advance  to another counting round. In every
    19  round, each ballot is counted as one vote for the highest ranked advanc-
    20  ing candidate. The process shall be repeated until two candidates remain
    21  on the ballot. The final two candidates shall  advance  to  the  general
    22  election.
    23    §   18-102.  Ranked  choice  voting  method  for  nonpartisan  primary
    24  elections. 1.   The state board of elections  is  hereby  authorized  to
    25  promulgate   rules  and  regulations  mandating  all  county  boards  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01100-01-3

        A. 479                              2

     1  elections to conduct all state, local  and  federal  primary  elections,
     2  excluding  the presidential primary, held in the year two thousand twen-
     3  ty-five and each year thereafter, utilizing  the  ranked  choice  voting
     4  method.
     5    2.  The provisions of this article shall apply only when more than two
     6  candidates have been nominated or designated for an office enumerated in
     7  subdivision one of this section.
     8    § 18-104. Procedures. 1. All registered voters otherwise qualified  to
     9  vote shall be permitted to vote for the candidate of their choice in the
    10  primary election regardless of such voter's political party affiliation.
    11    2.  Any person who meets the primary election qualifications may peti-
    12  tion as a candidate in such primary election as a member of the party in
    13  which such candidate is registered.
    14    3. All candidates for a given office  shall  be  listed  on  a  single
    15  primary  ballot.  Such ballot shall clearly designate the party in which
    16  each candidate is registered.  The top two candidates as  determined  by
    17  the  ranked choice voting method, shall advance to the general election,
    18  regardless of political party  affiliation.  The  winner  shall  be  the
    19  candidate  receiving  the  greatest  number of votes cast in the general
    20  election.
    21    § 18-106. Ballots. 1. For offices subject to the ranked choice  voting
    22  method,  the  ballot  shall be simple and easy to understand and allow a
    23  voter to rank candidates for an office based on preference. If feasible,
    24  ballots shall be designed so that a voter may mark  that  voter's  first
    25  choices in the same manner as that for offices not elected by the ranked
    26  choice voting method.
    27    2.  Instructions  on  the  ballot  shall  conform substantially to the
    28  following specifications, although subject  to  modification,  based  on
    29  ballot design and voting machine:
    30    "Vote  for  candidates  by  indicating your first-choice candidates in
    31  order of preference. Indicate your first choice by  marking  the  number
    32  "1"  beside a candidate's name, your second choice by marking the number
    33  "2" beside a candidate's name, your third choice by marking  the  number
    34  "3"  beside a candidate's name, your fourth choice by marking the number
    35  "4" beside a candidate's name and  your  fifth  choice  by  marking  the
    36  number  "5"  beside  a candidate's name. You may choose to rank only one
    37  candidate, but ranking additional candidates will not hurt  the  chances
    38  of  your  first-choice candidate. You may not rank more than five candi-
    39  dates.  Do not mark the same number beside more than one  candidate.  Do
    40  not skip numbers."
    41    3.  A  sample ballot for an office subject to the ranked choice voting
    42  method shall illustrate the  voting  procedure  for  the  ranked  choice
    43  voting  method.  Such a sample ballot shall be included with each absen-
    44  tee ballot.
    45    § 18-108. Voter education. The state board of elections shall  conduct
    46  a  voter education campaign on the ranked choice voting system to famil-
    47  iarize voters with the ballot design, method of voting,  and  advantages
    48  of determining a majority winner in a single election.
    49    §  18-110.  Construction.  All  primary  elections  held by the ranked
    50  choice voting method pursuant to this article shall be  subject  to  all
    51  the  other  provisions  of  this  chapter  and all other applicable laws
    52  relating to elections, so far as is applicable and not inconsistent with
    53  this article.
    54    § 2. This act shall take effect immediately and  shall  apply  to  all
    55  primary elections on or after January 1, 2025.
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