STATE OF NEW YORK ________________________________________________________________________ 5616 2017-2018 Regular Sessions IN SENATE April 20, 2017 ___________ Introduced by Sens. KRUEGER, HOYLMAN, SERRANO -- 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 establishing an instant runoff voting method for certain local 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 that 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 voting 8 for a leading candidate that they perceive as the lesser of two evils. 9 The result of the current system in multi-candidate races can be the 10 election of candidates that 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 22 least preferred candidate. Second, it insures that the elected candidate 23 has true majority support. In addition, the instant runoff voting method EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01920-01-7

S. 5616 2 1 will (1) promote higher voter turnout, and (2) encourage positive 2 campaigning, since candidates will seek second-choice and third-choice 3 votes from voters and will therefore be less likely to attack other 4 candidates and alienate voters that support other candidates as their 5 first choice. In situations where runoffs are already required, it will 6 eliminate the need for a second runoff election, with its increased 7 costs and lower voter turnout. 8 The instant runoff voting method has been the subject of increasing 9 interest across the nation. It has already been adopted by local refer- 10 enda in California, Vermont, and Massachusetts. It is under consider- 11 ation in many other states. 12 It is the purpose of this act to permit the use of the instant runoff 13 voting method on a trial basis in certain local elections at the option 14 of local governments in the years 2017, 2018 and 2019. This pilot 15 program would permit the state legislature to evaluate the broader 16 application of the instant runoff voting method to elections in New York 17 state. 18 § 2. The election law is amended by adding a new article 18 to read as 19 follows: 20 ARTICLE 18 21 INSTANT RUNOFF VOTING METHOD 22 Section 18-100. Definitions. 23 18-102. Instant runoff voting method authorized in certain 24 cases. 25 18-104. Instant runoff voting method; ballots. 26 18-106. Instant runoff voting method; procedures. 27 18-108. Voter education. 28 18-110. Construction. 29 § 18-100. Definitions. 1. "Instant runoff voting method" shall mean a 30 method of casting and tabulating votes that simulates the ballot counts 31 that would occur if all voters participated in a series of runoff 32 elections, whereby the voters rank candidates according to the order of 33 their choice and, if no candidate has received a majority of votes cast, 34 then the candidate with the fewest first choice votes is eliminated and 35 the remaining candidates advance to another counting round. In every 36 round, each ballot is counted as one vote for the highest ranked advanc- 37 ing candidate. 38 2. "Local government" shall mean a county, city, town, village, or 39 school district. 40 § 18-102. Instant runoff voting method authorized in certain cases. 1. 41 For elections to be held in the years two thousand seventeen, two thou- 42 sand eighteen, and two thousand nineteen, local governments are hereby 43 authorized to conduct elections utilizing the instant runoff voting 44 method for the following elections: (a) member of the board of education 45 in the case of a school district, (b) county executive and county legis- 46 lator in the case of a county, (c) mayor, member of city council, public 47 advocate, comptroller, and borough president, in the case of a city, (d) 48 town supervisor and member of town council in the case of a town, and 49 (e) mayor and village trustee in the case of a village. "Election" 50 shall include the general election and primary, where applicable. 51 2. In order to implement the instant runoff voting method as provided 52 in subdivision one of this section, the governing body of the local 53 government shall adopt a resolution implementing the instant runoff

S. 5616 3 1 method as authorized by this article. Such resolution shall be subject 2 to a permissive referendum. 3 3. Such resolution shall be adopted by the governing board of the 4 local government at least one hundred eighty days before the election 5 for which instant runoff voting will be utilized. 6 4. The provisions of sections 18-104, 18-106, 18-108 and 18-110 of 7 this article shall apply only when three or more candidates have been 8 nominated or designated for an office enumerated in subdivision one of 9 this section, and the governing body of the local government has enacted 10 a resolution implementing the instant runoff voting method. 11 § 18-104. Instant runoff voting method; ballots. 1. For offices 12 subject to the instant runoff voting method, the ballot shall be simple 13 and easy to understand and allow a voter to rank candidates for an 14 office in order of choice. A voter may include no more than one write-in 15 candidate among that voter's ranked choices for each office. If feasi- 16 ble, ballots shall be designed so that a voter may mark that voter's 17 first choices in the same manner as that for offices not elected by the 18 instant runoff voting method. 19 2. Instructions on the ballot shall conform substantially to the 20 following specifications, although subject to modification, based on 21 ballot design and voting machine: 22 "Vote for candidates by indicating your first-choice candidates in 23 order of preference. Indicate your first choice by marking the number 24 "1" beside a candidate's name, your second choice by marking the number 25 "2" beside a candidate's name, your third choice by marking the number 26 "3" beside a candidate's name and so on, for as many choices as you 27 wish. You may choose to rank only one candidate, but ranking additional 28 candidates will not hurt the chances of your first-choice candidate. Do 29 not mark the same number beside more than one candidate. Do not skip 30 numbers." 31 3. A sample ballot for an office subject to the instant runoff voting 32 method shall illustrate the voting procedure for the instant runoff 33 voting method. Such a sample ballot shall be included with each absentee 34 ballot. 35 4. The appropriate election official for a local government where the 36 instant runoff voting method has been authorized by said local govern- 37 ment shall insure that the necessary voting system, vote tabulation 38 system, or other similar or related equipment shall be available to 39 accommodate the instant runoff voting method. 40 § 18-106. Instant runoff voting method; procedures. The following 41 procedures shall apply in determining the winner in an election for an 42 office subject to the instant runoff voting method: 43 1. The first choice marked on each ballot shall be counted initially 44 by election officials. If one candidate receives a majority of the votes 45 cast, excluding blank and void ballots, that candidate shall be declared 46 elected. 47 2. If no candidate receives a majority of first-choice votes cast at 48 the end of the initial count, the candidate receiving the fewest first- 49 choice votes shall be eliminated. Each vote cast for the eliminated 50 candidate shall be transferred to the candidate who was the voter's next 51 choice on the ballot. 52 3. Candidates with the fewest votes shall continue to be eliminated, 53 with the votes for such candidates transferred to the candidate who was 54 each voter's next choice on the ballot until a candidate receives a 55 majority of the votes cast, excluding blank and void ballots. When a

S. 5616 4 1 candidate receives a majority of the votes cast, that candidate shall be 2 declared elected. 3 4. If a ballot has no more available choices ranked on it, that ballot 4 shall be declared exhausted. Where a ballot skips one or more numbers, 5 that ballot shall be declared exhausted when the skipping of numbers is 6 reached. A ballot with the same number for two or more candidates shall 7 be declared exhausted when these double numbers are reached. 8 5. In the case of a tie between candidates for last place, and thus 9 elimination, occurring at any stage in the tabulation, the tie shall be 10 resolved so as to eliminate the candidate who received the least number 11 of votes at the previous stage of tabulation. In the case of a tie to 12 which a previous stage does not apply, or such previous stage was also a 13 tie, the tie shall be resolved by drawing lots. However, if the tie 14 occurs when there are only two candidates remaining, the tie shall be 15 resolved in accordance with the provisions of this chapter. 16 § 18-108. Voter education. Where a local government shall pass a 17 resolution authorizing the instant runoff voting method, the governing 18 body shall conduct a voter education campaign on the instant runoff 19 voting system to familiarize voters with the ballot design, method of 20 voting, and advantages of determining a majority winner in a single 21 election. The governing body shall use public service announcements, as 22 well as seek other media cooperation to the maximum extent practicable. 23 § 18-110. Construction. All elections held by the instant runoff 24 voting method pursuant to this article shall be subject to all the other 25 provisions of this chapter and all other applicable laws relating to 26 elections, so far as is applicable and not inconsistent with this chap- 27 ter. 28 § 3. Severability. If any provision of this act or the application 29 thereof shall for any reason be adjudged by any court of competent 30 jurisdiction to be invalid, such judgment shall not affect, impair, or 31 invalidate the remainder of this act, but shall be confined in its oper- 32 ation to the provision thereof directly involved in the controversy in 33 which such judgment shall have been rendered. 34 § 4. This act shall take effect immediately, and shall expire December 35 31, 2022 when upon such date the provisions of this act shall be deemed 36 repealed.