What's happening
This bill establishes instant run-off voting for New York City primary elections for mayor, public advocate, and comptroller.
Why it matters
Voters gain more influence and flexibility. , as they can rank up to five candidates by preference, which means their vote can still count even if their top choice is eliminated—potentially reducing the impact of "spoiler" candidates and strategic voting.
The winner must have broader support. , since the system requires a candidate to secure a majority (over 50%) in the final round, not just a simple plurality, making it harder for someone to win with only a small base of support in a crowded field.
Ballot design and instructions are specifically updated. , aiming to ensure clarity and accessibility for voters, with explicit guidelines on how to rank choices and what constitutes a valid ballot—potentially reducing voter confusion and errors.
The Board of Elections is authorized to modernize vote counting. , including using electronic or mechanical systems, which may speed up results and improve accuracy, but also raises considerations about transparency and the need for robust auditing.
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Who cares
Headline styles
Allow Ranked Voting in NYC
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5261
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
Introduced by M. of A. MOSLEY -- read once and referred to the Committee on Election Law
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6-162 of the election law is REPEALED and a new section 6-162 is added to read as follows:
§ 6-162. Primary; New York City, instant run-off voting. 1. In the city of New York, any city-wide primary elections for the office of mayor, public advocate or comptroller, in which more than two candidates appear on the ballot for the same office, shall be conducted by instant run-off voting.
2. For the purposes of this section, the term "instant run-off voting" means an election in which voters may rank up to five candidates in order of preference, first, second and so on, and in which tabulation proceeds in up to two rounds as follows: If the candidate with the most votes receives a vote total less than fifty percent plus one vote, the two candidates with the most votes proceed to a second round of ballotcounting. In such second round, each ballot is counted as a vote for whichever of the two advancing candidates is ranked higher by that voter. Any ballot that does not rank either of the two advancing candidates shall not be counted in the second round. The candidate with the most votes in the second round shall be declared the winner.
3. That portion of the ballot pertaining to elections conducted by instant run-off voting shall allow a voter to rank candidates in order of choice in a way that is clear and easy to understand and shall include the opportunity to rank no more than one write-in candidate. To the extent possible, ballots shall be designed so that a voter may mark
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09433-01-9
A. 5261 2
that voter's first choice in the same manner as for offices not elected by instant run-off voting.
4. Instructions on the ballot for elections conducted by instant runoff voting must conform substantially to the following specifications, subject to modification based on ballot design, usability testing and voting machines: "Vote for candidates by indicating your first-choice candidate and ranking additional candidates in order of preference. Indicate your first choice by indicating a number "1" beside a candidate's name, your second choice by indicating a number "2" beside a candidate's name, your third choice by marking the number "3" beside a candidate's name and so on. You may choose to rank only one candidate, but ranking another candidate as a lower choice will not hurt your first choice. You may rank the same candidate more than once, but the additional ranking does not help that candidate. Do not mark the same number beside more than one candidate. Do not skip numbers."
5. The board of elections, with the approval of the state board of elections, may provide for the use of mechanical, electronic or other devices for sorting and counting ballots and tabulating results and may modify the form of the ballots, and the method of sorting, counting, and invalidating ballots and the tabulating and recounting of votes with respect to offices elected by instant run-off voting, provided that any change made substantially conforms to this chapter.
§ 2. Paragraph (c) of subdivision 2 of section 7-114 of the election law, as amended by chapter 234 of the laws of 1976, is amended to read as follows:
(c) On the front of the stub, above the perforated line at the top of the paper ballot shall be printed the same instructions as on the general election ballot, and additional instructions, if any, required under section 6-162 of this chapter.
§ 3. This act shall take effect January 1, 2020.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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