NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8830
SPONSOR: Kelles TITLE OF BILL:
An act to amend the election law, in relation to establishing a ranked
choice voting method for certain local elections; and providing for the
repeal of such provisions upon expiration thereof
PURPOSE:
To permit the use of the ranked choice voting method on a trial basis in
elections in the years 2026 and 2027. This pilot program would permit
the State Legislature to evaluate the broader application of the ranked
choice voting method.
SUMMARY OF PROVISIONS:
A new Article 18 of the election law is established.
JUSTIFICATION:
The current system of elections often results in the election of a
candidate that does not have the majority of the electorate when there
are three or more candidates running for an elected office. When 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 "spoil-
er" candidate. Rather, they will vote against a candidate they dislike,
by voting for a leading candidate that they perceive as the lesser of
two evils. The result of the current system in multi-candidate elections
can be the selection of candidates that lack majority party support. 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 that a separate, expensive run off primary is conducted that often
results in reduced participation at the run-off election. The ranked
choice voting (RCV) method provides for the majority election for elec-
tive offices. Ranked choice voting 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.
Maine approved RCV in ballot measures in 2016 and 2018. In the November
2018 election, Maine declared a winner in the nation's first congres-
sional election determined by RCV. More than 60 percent of voters in
exit polling favored the more fair and democratic voting method. It has
been used in some states for primaries and for overseas voters' ballots
as well as in municipal elections. Maine is setting an example that
other states could follow. In New York City, Common Cause is advocating
for ranked choice voting to be used in all city races to include both
the primary and general elections.
There are several, potential benefits to the RCV 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 ensures that the elected candidate has a true
majority support.
In addition, the RCV 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 that 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.
The RCV method frees voters to mark their ballots for the candidate they
truly prefer without fear that their choice will help elect their least
preferred candidate.
LEGISLATIVE HISTORY:
2021-22 A5085 Kelles - referred to election law
2015-16 A 5744-A Kavanagh/ S2741-A Krueger - died in committee 2013-14 A
2109-A Kavanagh/ S3250-A Krueger - died in committee
FISCAL IMPLICATIONS:
Negligible.
LOCAL FISCAL IMPLICATIONS:
Negligible.
EFFECTIVE DATE:
This act shall take effect immediately, and shall expire December 31,
2027 when upon such date the provisions of this act shall be deemed
repealed.
