Relates to instant run-off elections in N.Y. city; repealer

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend the election law, in relation to instant run-off voting in the city of New York; and to repeal certain provisions of such law relating thereto

Purpose

To establish instant run-off voting in primary elections for mayor, public advocate, and comptroller in the city of New York.

Summary of provisions

Section 1 of the bill repeals Section 6-162 of the election law and adds a new Section 6162. Subdivision 1 defines which offices are subject to instant run-off voting. Subdivision 2 defines instant runoff voting and provides that a second round of voting, using the instant runoff voting method, shall take place if the candidate with the most votes receives less than fifty percent plus one vote in the initial round of voting. Subdivision 3 provides guidelines for the design of the ballots to be used in instant run-off elections. Subdivision 4 defines the instructions to be printed on the ballot. Subdivision 5 provides that the board of elections, with the approval of the state board of elections, may adopt devices, methods, and ballot formats for sorting, counting, tabulating, and invalidating votes for offices subject to instant runoff voting, provided that any such changes substantially conform to the provisions of this chapter.

Section 2 of the bill amends subdivision 2 of Section 7-114 of the election law to clarify that the instructions printed on the ballot for elections subject to instant run-off voting differ from the instructions typically printed on the ballot and can be found in Section 6162.

Section 3 sets forth the effective date.

Justification

Currently, if no candidate in a primary election, with more than two candidates for mayor, public advocate, or comptroller in New York City wins more than forty percent of the vote, a run-off election is held between the top two vote-getters two weeks later. Due to the adoption of paper ballots and optical scan ballot machines, the New York City Board of Elections cannot certify the results of a primary within the required two weeks, nor can it ensure that military and overseas voters receive their ballots in a timely manner. An instant run-off method would allow voters to rank their choices and cast their vote for a hypothetical runoff election at the same time that they cast their vote for the primary election. Since an instant runoff election eliminates the costs associated with a runoff election, the threshold for avoiding a runoff should be raised from a forty percent plurality of the votes cast in the primary to a fifty percent plus one majority.

Legislative history

2015: S.4586 - Passed Senate / A.5571 - Referred to Election Law 2014: S.6862 - Referred to Elections / A.7013 -- Referred to Election Law

Fiscal impact

None for the state. The city of New York would save 20 million dollars for each runoff election that would no longer need to be administered.

Effective date

This act shall take effect January 1, 2017.