Bill Text: NY A07492 | 2009-2010 | General Assembly | Amended
Bill Title: Creates a pilot program to provide for an instant runoff voting method to be used in up to ten local governments, selected by the state board of elections, in election years 2011 and 2012; requires report to state legislature.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-25 - print number 7492a [A07492 Detail]
Download: New_York-2009-A07492-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7492--A 2009-2010 Regular Sessions I N A S S E M B L Y April 13, 2009 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Election Law -- recommitted to the Committee on Election Law in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to create a pilot program to test an instant runoff voting method of elections and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings. The current system of voting often 2 results in the election of a candidate who does not have the majority 3 support of the electorate when there are three or more candidates 4 running for an elective office. Further, where there are three or more 5 candidates for an elective office, voters often will not vote for their 6 preferred candidate to avoid "wasting" their vote on a "spoiler" candi- 7 date. Rather, they will vote against a candidate they dislike, by 8 voting for a leading candidate that they perceive as the lesser of two 9 evils. The result of the current system in multi-candidate races can be 10 the election of candidates who lack majority support. 11 The instant runoff voting method provides for the majority election 12 for elective offices. Instant runoff voting gives voters the option to 13 rank candidates according to the order of their choice. If no candidate 14 obtains a majority of first-choice votes, then the candidate receiving 15 the fewest first-choice votes is eliminated. Each vote cast for the 16 eliminated candidate shall be transferred to the candidate who was the 17 voter's next choice on the ballot. The process is continued until a 18 candidate receives a majority of votes. 19 There are several potential benefits to the instant runoff voting 20 method. First, voters are free to mark their ballot for the candidate 21 they truly prefer without fear that their choice will help elect their EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09740-02-0 A. 7492--A 2 1 least preferred candidate. Second, it insures that the elected candidate 2 has true majority support. In addition, the instant runoff voting method 3 will (1) promote higher voter turnout, and (2) encourage positive 4 campaigning, since candidates will seek second-choice and third-choice 5 votes from voters and will therefore be less likely to attack other 6 candidates and alienate voters that support other candidates as their 7 first choice. In situations where runoffs are already required, it will 8 eliminate the need for a second runoff election, with its increased 9 costs and lower voter turnout. 10 The instant runoff voting method has been the subject of increasing 11 interest across the nation. It has already been adopted by local refer- 12 enda in California, Vermont, and Massachusetts. It is under consider- 13 ation in many other states. 14 It is the purpose of this act to permit the use of the instant runoff 15 voting method on a trial basis in certain local elections in years 2011 16 and 2012. This pilot program would permit the state legislature to eval- 17 uate the broader application of the instant runoff voting method to 18 elections in New York state. 19 S 2. Definitions. 1. "Instant runoff voting method" shall mean a 20 method of casting and tabulating votes that simulates the ballot counts 21 that would occur if all voters participated in a series of runoff 22 elections, whereby the voters rank candidates according to the order of 23 their choice and, if no candidate has received a majority of votes cast, 24 then the candidate with the fewest first choice votes is eliminated and 25 the remaining candidates advance to another counting round. In every 26 round, each ballot is counted as one vote for the highest ranked advanc- 27 ing candidate. 28 2. "Local government" shall mean a county, city, town, village, or 29 school district. 30 S 3. Pilot program. 1. The state board of elections shall select local 31 governments in which to conduct a pilot program during the 2011 and 2012 32 elections for local office using instant runoff voting. The state board 33 shall select up to ten local governments in 2011 and up to ten local 34 governments in 2012. 35 2. In selecting local governments the state board shall seek diversity 36 of population size, regional location, and demographic composition. The 37 pilot program shall require the approval of the county board of 38 elections where said county board conducts the election for the local 39 government. Said pilot program shall also require the approval of the 40 local government that has been selected for the pilot program. 41 3. The state board shall monitor the pilot program and issue a report 42 with its findings and recommendations to the state legislature by April 43 1, 2013. 44 4. The state board shall implement the necessary regulations in order 45 to implement this act within ninety days after it shall have become law. 46 S 4. Instant runoff voting method; ballots. 1. For elections subject 47 to the instant runoff voting method, the ballot must be simple and easy 48 to understand and allow a voter to rank candidates in order of choice. A 49 voter may include no more than one write-in candidate among that voter's 50 ranked choices for each office. If feasible, ballots must be designed so 51 that a voter may mark that voter's first choices in the same manner as 52 that for offices not elected by the instant runoff voting method. 53 2. Instructions on the ballot must conform substantially to the 54 following specifications, although subject to modification, based on 55 ballot design and voting machine: A. 7492--A 3 1 "Vote for candidates by indicating your first-choice candidates in 2 order of preference. Indicate your first choice by marking the number 3 "1" beside a candidate's name, your second choice by marking the number 4 "2" beside a candidate's name, your third choice by marking the number 5 "3" beside a candidate's name and so on, for as many choices as you 6 wish. You may choose to rank only one candidate, but ranking additional 7 candidates will not hurt the chances of your first-choice candidate. Do 8 not mark the same number beside more than one candidate. Do not skip 9 numbers." 10 3. A sample ballot for an election subject to the instant runoff 11 voting method must illustrate the voting procedure for the instant 12 runoff voting method. Such a sample ballot must be included with each 13 absentee ballot. 14 4. The appropriate board of elections shall insure that the necessary 15 voting system, vote tabulation system, or other similar or related 16 equipment shall be available to accommodate the instant runoff voting 17 method where the instant runoff voting method is required by this act. 18 S 5. Instant runoff voting method; procedures. The following proce- 19 dures shall apply in determining the winner in an election subject to 20 the instant runoff voting method: 21 1. The first choice marked on each ballot must be counted initially by 22 election officials. If one candidate receives a majority of the votes 23 cast, excluding blank and void ballots, that candidate shall be declared 24 elected. 25 2. If no candidate receives a majority of first-choice votes cast at 26 the end of the initial count, the candidate receiving the fewest first- 27 choice votes shall be eliminated. Each vote cast for the eliminated 28 candidate shall be transferred to the candidate who was the voter's next 29 choice on the ballot. 30 3. Candidates with the fewest votes shall continue to be eliminated, 31 with the votes for such candidates transferred to the candidate who was 32 each voter's next choice on the ballot until a candidate receives a 33 majority of the votes cast, excluding blank and void ballots. When a 34 candidate receives a majority of the votes cast, that candidate shall be 35 declared the winner. 36 4. If a ballot has no more available choices ranked on it, that ballot 37 must be declared exhausted. Where a ballot skips one or more numbers, 38 the ballot must be declared exhausted when the skipping of numbers is 39 reached. A ballot with the same number for two or more candidates must 40 be declared exhausted when these double numbers are reached. 41 5. In the case of a tie between candidates for last place, and thus 42 elimination, occurring at any stage in the tabulation, the tie shall be 43 resolved so as to eliminate the candidate who received the least number 44 of votes at the previous stage of tabulation. In the case of a tie to 45 which a previous stage does not apply, or such previous stage was also a 46 tie, the tie shall be resolved by drawing lots. However, if the tie 47 occurs when there are only two candidates remaining, the tie shall be 48 resolved in accordance with the provisions of this chapter. 49 S 6. Voter education. Where an election is subject to the instant 50 runoff voting method, the appropriate board of elections shall conduct a 51 voter education campaign on the instant runoff voting system to famil- 52 iarize voters with the ballot design, method of voting, and advantages 53 of determining a majority winner in a single election. The board of 54 elections shall use public service announcements, as well as seek other 55 media cooperation to the maximum extent practicable. A. 7492--A 4 1 S 7. Construal. All elections held by the instant runoff voting meth- 2 od pursuant to this act shall be subject to all the other provisions of 3 the election law and all other applicable laws relating to elections, so 4 far as is applicable and not inconsistent with this act. 5 S 8. Severability. If any provision of this act or the application 6 thereof shall for any reason be adjudged by any court of competent 7 jurisdiction to be invalid, such judgment shall not affect, impair, or 8 invalidate the remainder of this act, but shall be confined in its oper- 9 ation to the provision thereof directly involved in the controversy in 10 which such judgment shall have been rendered. 11 S 9. This act shall take effect immediately, and shall remain in full 12 force and effect until December 31, 2013 when upon such date the 13 provisions of this act shall expire and be deemed repealed.