BILL NUMBER: S7249
SPONSOR: LANZA
 
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:
2024: S.6235 - Referred to Elections
2023: S.6235 - Referred to Elections
2022: S.4296 - Referred to Elections/A.2051- Referred to Election Law
2021: S.4296 - Referred to Elections/A.2051- Referred to Election Law
2020: S.796 - Referred to Elections/A.1420- Referred to Election Law
2019: S.796 - Referred to Elections/A.1420- Referred to Election Law
2018: S.3309 - A-Third Reading Calendar/A.10844-Referred to Election Law
2017: S.3309 - Third Reading Calendar
2016: S.4586 - Passed Senate/A.5571-Referred to Election Law
2015: S.4586 - Passed Senate/A.5571-Referred to Election Law
2014: S.6862 - Referred to Elections/A.7013 - Referred to Election Law
 
FISCALIMPACT:
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, 2027.

Statutes affected:
S7249: 6-162 election law, 7-114 election law, 7-114(2) election law