Establishes an instant runoff voting method for certain local elections

Summary of provisions

Section 1 of the bill sets forth legislative findings.

Section 2 of the bill amends the election law by adding a new article 18. Section 18-100 establishes definitions that pertain to this legislation. Section 18-102 authorizes local governments to use instant runoff voting, in certain cases, for elections to be held in 2011, 2012, and 2013. This method of voting would be available, at the option of the locality, in the following primaries and general elections: (a) member of the board of education in the case of a school district, (b) county executive and county legislator in the case of a county, (c) mayor, member of city council, public advocate, comptroller, and borough president, in the case of a city, (d) town supervisor and member of town council in the case of a town, and (e) mayor and village trustee in the case of a village. Sections 18-104 and 18-106 outline the instant runoff voting methods, in relation to ballots and procedures used in determining a winner. Section 18108 authorizes a voter education campaign, to be conducted by the particular governing body affected, to educate the voters in this instant runoff voting method. Section 18-110 states that all other provisions of this chapter and other applicable laws shall also apply to elections held using instant runoff voting.

Section 3 of the bill provides that the provisions of the bill are severable.

Section 4 of the bill sets forth the effective date.

Justification

The current system of elections often results in the election of a candidate who does not have the support of a majority of voters when there are three or more candidates. Further, where there are three or more candidates in an election, voters often will not vote for their preferred candidate to avoid "wasting" their vote on a "spoiler" candidate. Rather, they will vote against a candidate they dislike, by voting for a leading candidate whom they perceive as the lesser of two evils. In the City of New York, where runoff elections are required for certain

offices, where no candidate receives 40% or more of the vote, the result is often the conduct of a separate, expensive run-off primary that often results in reduced participation at the run-off election, The instant runoff voting (IRV) method provides for the majority election for elective offices. IRV gives voters the option to rank candidates according to the order of their choice. If no candidate obtains a majority of first-choice votes, then the candidate receiving the fewest first-choice votes is eliminated. Each vote cast for the eliminated candidate shall be transferred to the candidate who was the voter's next choice on the ballot. The process is continued until a candidate receives a majority of the votes. The instant runoff voting method has been the subject of increasing interest across the nation. It has already been adopted by local referenda in California, Vermont, and Massachusetts. There are several potential benefits to the IRV method. First, voters are free to mark up their ballot for the candidate they truly prefer without fear that their choice will help elect their least favorable candidate. Second, it insures that the elected candidate has a true majority support. In addition, the IRV method will (1) promote higher voter turnout, and (2) encourage positive campaigning, since candidates will seek second-choice and third-choice votes from voters and will therefore be less likely to attack other candidates and alienate voters who support other candidates as their first choice. In situations where runoffs are already required, it will eliminate the need for a second runoff election, with its increased costs and lower voter turnout.

Legislative history

2008: A8235 (Kavanagh) - Election Law 2007: A8235 (Kavanagh) - Election Law 2006: A3510 (Thiele) - Election Law 2005: A3510 (Thiele) - Election Law 2004: A4482 (Thiele) - Election Law 2003: A4482 (Thiele) - Election Law

Fiscal impact on the state

Negligible.

Effective date

This act shall take effect immediately, and shall expire December 31, 2014 when upon such date the provisions of this act shall be deemed repealed.