ENROLLED ORIGINAL
D.C. ACT 25-652
DECEMBER 2, 2024
INITIATIVE MEASURE
NO. 83
SHORT TITLE
Ranked Choice Voting and Open the Primary Elections to Independent Voters Act of 2024
SUMMARY STATEMENT
If enacted, the Initiative would both:
(a) implement ranked choice voting to allow voters to rank up to five candidates according to
their preference in each contest for any office (other than political party offices); and
(b) permit any voter who is not registered with a political party to vote in the primary election
of that voter’s choosing for all offices (other than political party offices).
This Initiative will not be implemented unless the D.C. Council separately chooses to appropriate
funds for the projected costs.
LEGISLATIVE TEXT
BE IT ENACTED BY THE ELECTORS OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the “Ranked Choice Voting and Open the Primary Elections to Independent
Voters Act of 2024.”
Sec. 2. The District of Columbia Election Code of 1955, approved August 12, 1955 (69
Stat. 699, D.C. Official Code § 1-1001.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 1-1001.02) is amended by adding new paragraphs
(38) through (48) to read as follows:
“(38) “Active candidate” means a candidate who has not been defeated or elected
and has not withdrawn their candidacy prior to election day pursuant to applicable law.
“(39) “Highest-ranked active candidate” means the active candidate assigned a
higher ranking than any other active candidates.
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“(40) “Inactive ballot” means a ballot on which no active candidate is ranked,
contains an overvote at the highest ranking of active candidates, or contains 2 or more sequential
skipped rankings before its highest-ranked active candidate.
“(41) “Overvote” means an instance in which a voter has ranked more than one
candidate at the same ranking.
“(42) “Ranked choice voting” means a method of casting and tabulating votes
whereby the voters rank candidates according to the order of their choice, and vote counting
proceeds in rounds in which candidates are eliminated or elected.
“(43) “Rank” means to assign a number to each candidate for an office
corresponding to the voter’s preference for that candidate relative to the other active candidates
for that office, with the number “1” denoting the highest preference, followed by “2” and then
“3” and then “4” and then “5.”
“(44) “Ranking” means the number assigned by a voter to a candidate to express
the voter’s choice for that candidate, with the number “1” denoting the highest ranking, followed
by “2” and then “3” and then “4” and then “5”.
“(45) “Round” means an instance of the sequence of voting tabulation beginning
with section 8a(d) for any single-winner contest, section 8a(e) for any general election for
members of the Council at-large, and section 8a(f) for any applicable presidential preference
primary election.
“(46) “Skipped ranking” means an instance of a voter leaving a ranking
unassigned and ranking a candidate at a subsequent ranking.
“(47) “Threshold for receiving delegates” means the percentage of votes
necessary for a candidate to receive delegates in a presidential preference primary election
conducted under section 8a(f).
“(48) “Undervote” means a ballot that does not contain any candidates at any
ranking in a particular contest.”.
(b) Section 5 (D.C. Official Code § 1-1001.05) is amended as follows:
(1) Subsection (a)(12) is amended as follows:
(A) Subparagraph (B) is amended by striking the semicolon and inserting
the phrase “; and” in its place.
(B) A new subparagraph (C) is added to read as follows:
“(C) Notifying all voters who are not registered with a political party and
have not previously requested a mail-in ballot for any primary election of the ability to request a
mail-in ballot and of the means for doing so;”.
(2) Subsection (b)(4) is amended to read as follows:
“(4) The Board shall:
“(A) Arrange the ballot for the presidential preference primary so as to
enable each voter to indicate the voter’s rankings for:
(i) Presidential nominee or uncommitted presidential preference (if
provided for by applicable party rule); and
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(ii) The slate of delegates and alternates pledged to support each
presidential nominee or uncommitted presidential preference; and
“(B) Clearly indicate on the ballot the name of either the candidate for
nomination for President which a slate or candidate for delegate supports or the person who shall
manage an uncommitted slate of delegates.”.
(c) A new section 8a is added to read as follows:
“Sec. 1-1001.08a. Ranked choice voting.
“(a) Notwithstanding any other provision of this act, beginning with the June 2026
primary election and for all subsequent elections thereafter, ranked choice voting as provided for
by this section shall be used for each primary, special, and general election involving 3 or more
qualified candidates for electors for President and Vice President of the United States, Mayor,
Attorney General, Chairman of the Council, Delegate to the House of Representatives, members
of the Council, members of the State Board of Education, United States Senator, United States
Representative, Advisory Neighborhood Commissioner, or any other elected official as defined
in section 2(13).
“(b) Each ballot shall allow a voter to rank up to 5 candidates, including a write-in
candidate, or as many candidates as there are in the contest if fewer than 5.
“(c) Each ballot shall contain instructions informing the voter of the following, subject to
usability testing and modification by the Board based on ballot design and voting machine
capability:
“(1) That the voter may rank candidates in the order of the voter’s preference;
“(2) That the voter may rank as many candidates as the voter wishes, up to 5
candidates;
“(3) How to properly mark the ballot and indicate the voter’s candidate rankings;
“(4) That assigning a lower ranking to a candidate will not harm the chances of
candidates whom the voter assigned higher rankings; and;
“(5) That the voter should not give more than one candidate the same ranking,
rank a candidate more than once, or skip a ranking.
“(d) In any single contest conducted by ranked choice voting, other than a general
election for at-large members of the Council and any presidential preference primary election
conducted under subsection (f) of this section, each ballot shall count as one vote for the highest-
ranked active candidate on that ballot. Tabulation shall proceed in rounds, with each round
proceeding sequentially as follows:
“(1) If a candidate has a majority of votes among active candidates in a round of
tabulation, that candidate shall be elected or nominated, and tabulation shall be complete; or
“(2) If no candidate has a majority of votes among active candidates in a round of
tabulation:
“(A) The active candidate with the fewest votes shall be defeated;
“(B) Each vote for the defeated candidate shall be transferred to each
ballot’s next-ranked active candidate; and
“(C) A new round of tabulation shall begin with the step set forth in
paragraph (1) of this subsection.
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“(e) In any general election contest for at-large members of the Council, in which there
shall be 2 winners, each ballot shall count as one vote for the highest-ranked active candidate on
that ballot. Tabulation shall proceed in rounds, with each round proceeding sequentially as
follows:
“(1) If there are 2 or fewer active candidates, the candidates shall be elected, and
tabulation shall be complete; or
“(2) If there are more than 2 active candidates:
“(A) The active candidate with the fewest votes shall be defeated;
“(B) Each vote for the defeated candidate shall be transferred to each
ballot’s next-ranked active candidate; and
“(C) A new round of tabulation shall begin with the step set forth in
paragraph (1) of this subsection.
“(f) In any presidential preference primary election in which delegates are awarded to
multiple candidates on a proportional basis, each ballot shall count as one vote for the highest-
ranked active candidate on that ballot. Tabulation shall proceed in rounds, with each round
proceeding sequentially as follows:
“(1) If the percentage of total votes cast for each active candidate is above the
party’s threshold for receiving delegates, then tabulation shall be complete; or
“(2) If there are any active candidates whose percentage of the vote total is below
the party’s threshold for receiving delegates:
“(A) The active candidate with the fewest votes shall be defeated;
“(B) Each vote for the defeated candidate shall be transferred to each
ballot’s next-ranked active candidate; and
“(C) A new round of tabulation shall begin with the step set forth in
paragraph (1) of this subsection.
“(g) In any presidential preference primary election that awards delegates to a single
candidate on a winner-take-all basis, tabulation shall proceed under subsection (d) of this section.
“(h) Nothing in this section shall be construed to preclude a political party from
allocating delegates according to its own rules.
“(i) In any round of tabulation in a contest conducted by ranked choice voting:
“(1) An inactive ballot shall not count for any candidate; and
“(2) An undervote shall not count for any candidate.
“(j) If 2 or more active candidates are tied for the fewest votes and tabulation cannot
continue until one such candidate is eliminated, the candidate to be eliminated shall be
determined by lot immediately under an automated procedure to be established by the Board.
Except as otherwise provided in subsection (l) of this section, if 2 or more candidates are tied for
the greatest number of votes and the tie must be broken to determine the winner or nominee, that
tie shall be resolved pursuant to section 10(c).
“(k)(1) If there are fewer than 3 qualified candidates on the ballot in a primary, general,
or special election for electors for President and Vice President of the United States, Mayor,
Attorney General, Chairman of the Council, Delegate to the House of Representatives, members
of the Council other than those covered by paragraph (2) of this subsection, members of the State
Board of Education, United States Senator, United States Representative, Advisory
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Neighborhood Commissioner, or any other elected official as defined in section 2(13), that
election shall not be conducted by ranked choice voting. Except as otherwise provided in
subsection (l) of this section, in such elections, the ballot shall allow voters to select a single
candidate, and the candidate receiving the most votes shall be nominated or elected.
“(2) If there are fewer than three qualified candidates on the ballot in a general
election for at-large members of the Council, that election shall not be conducted by ranked
choice voting. In such elections, the ballot shall allow voters to select 2 candidates, and the 2
qualified candidates receiving the most votes shall be elected.
“(l) If the appointment of presidential electors following any general election for
President of the United States is governed by the National Popular Vote Interstate Agreement
Act of 2010, effective December 7, 2010 (D.C. Law 18-274; D.C. Official Code § 1-1051.01)
(“Act”), then, in any general election for President and Vice President of the United States using
ranked choice voting:
“(1) The certification of the appointment of electors shall be made in accordance
with the provisions of the Act;
“(2) The final determination of the presidential vote count reported and certified
to the States that have enacted the Act, for purposes of the Act, shall be:
“(A) In an election using ranked choice voting pursuant to subsection (d)
of this section, the votes received in the final round of tabulation by each slate of candidates for
the offices of President and Vice President of the United States that received votes in the final
round of tabulation; or
“(B) In an election not using ranked choice voting pursuant to subsection
(k) of this section, the votes received by each slate of candidates for the offices of President and
Vice President of the United States; and
“(3) If two or more slates of candidates for the offices of President and Vice
President of the United States are tied for the greatest number of votes, the tie shall remain
unresolved.
“(m) The Board shall issue such regulations as are necessary to conduct elections using
ranked choice voting.”.
(d) Section 9 (D.C. Official Code § 1-1001.09) is amended as follows:
(1) Subsection (b)(2) is amended to read as follows:
“(2) The Board shall permit any duly registered voter to vote by mail-in ballot, for
any reason, under such rules as the Board may issue. The Board shall permit a voter not
registered with a political party to vote by mail-in ballot in a primary election if such voter has
requested such a ballot for a specific primary election held by a political party or for that specific
election and all future elections in which the voter may be eligible to vote, in accordance with
such rules as the Board may issue.”.
(2) Subsection (g) is amended to read as follows:
“(g)(1) No person shall vote more than once in any election.
“(1A) A duly registered voter who is not registered as affiliated with any political
party shall be permitted to vote in a primary election held by a single political party of that
voter’s choice, for all offices other than:
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“(A) National committeemen and national committeewomen;
“(B) Delegates to conventions and conferences of political parties other
than delegates to nominate candidates for the Presidency and Vice Presidency of the United
States;
“(C) Alternates to the officials referred to in subparagraphs (A) and (B) of
this paragraph, where permitted by political party rules; and
“(D) Such members and officials of local committees of political parties as
may be designated by the duly authorized local committees of such parties for election at large or
by ward in the District of Columbia.
“(2) A name written on a ballot in any election shall not be counted as valid
unless the individual whose name is written on the ballot has complied with the requirements of
section 8(r).”.
Sec. 3. Applicability.
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved
budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
an approved budget and financial plan, and provide notice to the Budget Director of the Council
of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in
the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the
applicability of this act.
Sec. 4. Effective date.
This act shall take effect after a 30-day period of Congressional review as provided in
section 16(r)(1) of the District of Columbia Election Code of 1955, effective June 7, 1979
(D.C. Law 3-1; D.C. Official Code § 1-1001.16(r)(1)).
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