BILL NUMBER: S1649
SPONSOR: LIU
 
TITLE OF BILL:
An act to amend the election law, in relation to primary election voting
ballots in the city of New York
 
PURPOSE:
To require the rotation of ballot order by election district so that
each name shall appear first and in each other position in an equal
manner in primary elections in the city of New York.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the election law to rotate ballot order by
election district so that each name shall appear first and in each other
position in an equal number.
Section 2 of the bill provides the effective date.
 
JUSTIFICATION:
Rotating ballot order by election district ensures fairness and equality
in the democratic process by mitigating bias and unfair advantages for
candidates positioned at the top of the ballot. Studies have shown that
this phenomenon, known as the "primacy effect," can disproportionately
influence voter behavior, particularly in primary elections as well as
down ballot races. By systematically rotating ballot order so that each
candidate appears in every position an equal number of times across
election districts, this legislation aims to eliminate any unearned
advantage and ensure that elections reflect the true will of the voters.
Confidence in the fairness of elections is essential to maintaining
public trust in democratic institutions. When ballot order is fixed or
determined randomly, it can lead to perceptions of favoritism or unfair-
ness, particularly if the same candidate consistently benefits from the
top position. Various studies, including those presented by Montclair
State University, have demonstrated that the first position on a ballot
receives a significant boost in votes. Specifically, these studies found
that candidates listed first receive more than 25% of the votes, indi-
cating a clear positional bias that undermines the fairness of the elec-
toral process.
This effect is particularly substantial for primary elections as being
listed first significantly increases vote shares for all candidates,
sometimes by a margin larger than the winner's margin of victory (Ho and
Imai, 2004). A simple randomized ballot order would provide equal oppor-
tunity to appear first, but would still provide an unearned advantage to
a single candidate. By rotating ballot order by election district, this
bias can be largely mitigated by ensuring each candidate appears first
an equal number of times.
 
FISCAL IMPLICATIONS:
None.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to elections occurring on and after such
date.

Statutes affected:
S1649: 7-116 election law