[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5048 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5048
To establish the use of ranked choice voting in elections for the
offices of Senator and Representative in Congress, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2024
Mr. Welch introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To establish the use of ranked choice voting in elections for the
offices of Senator and Representative in Congress, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Ranked Choice
Voting Act''.
(b) Finding of Constitutional Authority.--Congress finds that it
has the authority to establish the terms and conditions States must
follow in administering elections for the offices of Senators and
Representatives in Congress because the authority granted to Congress
under section 4 of article I of the Constitution of the United States
gives Congress the power to enact laws governing the time, place, and
manner of elections for such offices.
SEC. 2. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Ranked Choice Voting
``PART 1--REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES
``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES.
``(a) Ranked Choice Voting.--Each State shall carry out elections
for the office of Senator and the office of Representative in Congress,
including primary, special, and general elections for such office,
using ranked choice voting, a system under which each voter may rank
the candidates for the office in the order of the voter's preference,
and ballots are tabulated, in accordance with this title.
``(b) Ballot Design.--
``(1) In general.--Each State shall ensure that the ballot
used in a ranked choice voting election under this subtitle
meets each of the following requirements:
``(A) The ballot shall allow voters to rank
candidates in order of choice.
``(B) The number of candidates whom a voter may
rank in the election, as determined under paragraph
(2), shall be uniform for all voters in the election
within the State.
``(C) The ballot shall include all qualified
candidates for the election and (to the extent
permitted under State law) options for voters to select
write-in candidates.
``(D) The ballot shall include such instructions as
necessary to accurately inform the voter how to
properly rank candidates and successfully cast the
ballot under the system.
``(2) Determination of number of candidates voter may
rank.--The ballot shall permit voters to rank at least five
candidates or the number of candidates in the election,
including write-in candidates (to the extent permitted under
State law), whichever is fewer.
``SEC. 322. PROHIBITING ADDITIONAL RUNOFF ELECTIONS.
``(a) Primary Elections.--No State may hold a separate runoff
primary election for the office of Senator or the office of
Representative in Congress after the date established under State law
for the primary election for such office.
``(b) General Elections.--No State may hold a separate runoff
general election for the office of Senator or the office of
Representative in Congress after the date established under section 25
of the Revised Statutes of the United States (2 U.S.C. 7) for the
regularly scheduled general election for such office.
``(c) Special Elections.--No State may hold a separate runoff
special election for the office of Senator or the office of
Representative in Congress after the date established under State law
for such special election for such office.
``SEC. 323. TREATMENT OF PRIMARY ELECTIONS.
``(a) Conditions for Holding Nonpartisan Blanket Primary
Elections.--A State may hold a nonpartisan blanket primary election for
the office of Senator or the office of Representative in Congress only
if State law provides that at least 3 candidates advance to the
subsequent general election.
``(b) Rule of Construction.--Nothing in this title shall be
construed to require a State to hold a primary election for the office
of Senator or the office of Representative in Congress prior to the
date established under section 25 of the Revised Statutes of the United
States (2 U.S.C. 7) for the regularly scheduled general election for
such office, so long as the determination of the candidates who are
elected to such office is based solely on the votes cast with respect
to the election held on such date, as determined in accordance with the
system of ranked choice voting under this title.
``SEC. 324. APPLICATION TO DISTRICT OF COLUMBIA AND TERRITORIES.
``(a) Election of Delegates and Resident Commissioner.--In this
subtitle, the term `Representative' includes a Delegate or Resident
Commissioner to the Congress.
``(b) Application to Northern Mariana Islands.--This subtitle shall
apply with respect to the Commonwealth of the Northern Mariana Islands
in the same manner as this subtitle applies to a State.
``PART 2--TABULATION PROCESS
``SEC. 331. TABULATION PROCESS.
``Except as provided in section 332, tabulation shall proceed in
the following manner:
``(1) Process for tabulation.--Each ballot cast in the
election shall count as one vote for the highest-ranked active
candidate on the ballot. Tabulation shall proceed in rounds as
described in paragraphs (2) and (3).
``(2) Elimination of candidates during tabulation.--If
there are more than 2 active candidates in a round of
tabulation, the active candidate with the fewest votes is
eliminated, each vote cast on a ballot for the eliminated
candidate shall be counted for the next-ranked active candidate
on the ballot, and a new round shall begin.
``(3) Completion of tabulation; election of candidate.--
When there are two or fewer active candidates--
``(A) tabulation is complete; and
``(B) the candidate receiving the greatest number
of votes shall be elected to the office of Senator or
Representative in Congress (or, in the case of a
primary election, shall advance to the general election
for such office as provided under the law of the State
involved).
``(4) Treatment of certain ballots.--
``(A) Treatment of undervotes.--
``(i) In general.--A ballot which is an
undervote shall not be counted in any round of
tabulation of ballots in an election under this
section.
``(ii) Undervote defined.--For purposes of
this subparagraph, an `undervote' is a ballot
for which the voter does not rank any of the
candidates in the election.
``(B) Treatment of inactive ballots.--
``(i) In general.--A ballot which becomes
an inactive ballot shall no longer count for
any candidate for the remainder of the
tabulation of ballots in an election under this
section after the ballot becomes inactive.
``(ii) Inactive ballot defined.--For
purposes of this paragraph, an `inactive
ballot' is a ballot on which--
``(I) all of the ranked candidates
on the ballot have become inactive; or
``(II) the voter ranks more than
one candidate at the same ranking and
all candidates at a higher ranking have
become inactive.
``(C) Treatment of skipped or repeated rankings.--
``(i) In general.--A ballot which includes
any skipped or repeated ranking shall remain
active and continue to be counted for the
highest ranked active candidate in an election
under this section.
``(ii) Skipped and repeated rankings
defined.--For purposes of this paragraph--
``(I) a `skipped ranking' is a
ranking a voter does not assign to any
candidate while assigning a subsequent
ranking to a candidate; and
``(II) a `repeated ranking' is a
ranking for which the voter has
assigned the same candidate that the
voter assigned to another ranking.
``SEC. 332. SPECIAL RULES FOR NONPARTISAN BLANKET PRIMARY ELECTIONS.
``In the case of a nonpartisan blanket primary election, tabulation
shall proceed in the following manner:
``(1) Process for tabulation.--In the case of a nonpartisan
primary election--
``(A) each ballot cast in the election shall count
as one vote for the highest ranked active candidate on
that ballot; and
``(B) tabulation shall proceed in rounds as
described in paragraphs (2) and (3).
``(2) Elimination of candidates during tabulation.--If the
number of active candidates is greater than the number of
candidates to be advanced to the general election, as provided
under the law of the State involved, the active candidate with
the fewest votes is eliminated, and votes for the eliminated
candidate are counted for each ballot's next-ranked active
candidate.
``(3) Completion of tabulation; advancing of candidates.--
When the total number of active candidates is equal to or less
than the number of candidates to be advanced to the general
election, as provided under the law of the State involved--
``(A) tabulation is complete; and
``(B) all active candidates shall advance to the
general election for such office.
``SEC. 333. TREATMENT OF TIES BETWEEN CANDIDATES.
``(a) Resolution by Lot.--If a tie occurs between candidates with
the greatest number of votes or the fewest number of votes at any point
in the tabulation of ballots under this part and the tabulation cannot
proceed until the tie is resolved, the tie shall be resolved by lot or
by such other method as may be provided under State law, provided that
any tie between candidates with the fewest number of votes shall be
resolved on the same day as tabulation.
``(b) Resolution Prior to Tabulation.--Prior to tabulation, the
chief election official of the State may resolve prospective ties
between candidates by lot or according to the method provided under
State law, as described in subsection (a).
``(c) Use During Recount.--The result of the resolution of any tie
shall be recorded and reused for purposes of any recount under State
law.
``SEC. 334. DETERMINATION OF VOTES CAST FOR CANDIDATES OF POLITICAL
PARTIES FOR PURPOSES OF ACCESS TO BALLOT IN FEDERAL
ELECTIONS.
``To the extent that a State takes into account the number of votes
cast in an election for candidates of a political party in determining
the right of candidates of the party to appear on the ballot in
subsequent elections for Federal office in the State, the State shall
determine the number of votes cast for a candidate on the basis of
whichever round of tabulation of ballots in the election under section
331 or section 332 contained the highest number of votes for that
candidate.
``PART 3--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING
``SEC. 341. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.
``(a) Payments Described.--
``(1) Payments.--Not later than June 1, 2025, the
Commission shall make a payment to each State in the amount
determined with respect to the State under paragraph (2).
``(2) Amount determined on basis of number of registered
voters.--
``(A) In general.--The amount determined under this
paragraph is the product of--
``(i) the number of individuals registered
to vote in elections for Federal office in the
State, based on the most recently available
information on voter registration in the State,
as provided to the Commission by the State; and
``(ii) the per capita amount established by
the Commission under subparagraph (B).
``(B) Per capita amount.--For purposes of this
paragraph, the Commission shall establish a separate,
appropriate per capita payment amount for each State
that may be not less than $4 and not more than $8,
taking into account any reasonable demonstrated or
estimated costs associated with the use of ranked
choice voting, including costs related to--
``(i) voting equipment updates;
``(ii) election software updates or
licenses;
``(iii) voting system programming;
``(iv) ballot design and printing;
``(v) election official and poll worker
training;
``(vi) processing, canvassing,
centralization, and tabulation;
``(vii) reporting and displaying
preliminary and final election results;
``(viii) post-election audits and recounts;
and
``(ix) voter information, education, and
engagement.
``(b) Use of Funds.--A State shall use the payment made under
subsection (a) to implement ranked choice voting under this subtitle,
including educating voters about ranked choice voting.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
``PART 4--CIVIL ENFORCEMENT
``SEC. 351. CIVIL ENFORCEMENT.
``(a) Civil Enforcement.--
``(1) Actions by attorney general.--The Attorney General
may bring a civil action for such relief as may be appropriate
to carry out this subtitle.
``(2) Availability of private right of action.--
``(A) In general.--Any person residing or domiciled
in a State who is aggrieved by the failure of the State
to meet the requirements of this subtitle may bring a
civil action in the United States district court for
the applicable venue for such relief as may be
appropriate to remedy the failure.
``(B) No awarding of damages to prevailing party.--
Except for an award of attorney's fees under subsection
(d), a court in a civil action under this subtitle
shall not award the prevailing party any monetary
damages, compensatory, punitive, or otherwise.
``(3) Delivery of complaint to house and senate.--In any
action brought under this subtitle, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(4) Exclusive jurisdiction and applicable venue.--The
district courts of the United States shall have exclusive
jurisdiction to hear and determine claims arising under this
subtitle. The applicable venue for such an action shall be the
United States District Court for the District of Columbia or
the judicial district in which the capital of the State is
located, as selected by the person bringing the action. In a
civil action that includes a claim under this subtitle, with
respect to an election for the office of Senator or the office
of Representative in Congress held in a State, the United
States District Court for the District of Columbia shall have
jurisdiction over any defendant who has been served in any
United States judicial district in which the defendant resides,
is found, or has an agent, or in the United States judicial
district in which the capital of the State is located. Process
may be served in any United States judicial district where a
defendant resides, is found, or has an agent, or in the United
States judicial district in which the capital of the State is
located.
``(5) Use of 3-judge court.--Any action arising under this
subtitle shall be heard by a 3-judge district court convened
pursuant to section 2284 of title 28, United States Code.
``(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on appeal
by the United States Court of Appeals for the District of
Columbia Circuit, which shall hear the matter sitting en banc.
There shall be no right of appeal in such proceedings to any
other court of appeals. Such appeal shall be taken by the
filing of a notice of appeal within 10 days of the entry of the
final decision. A final decision by the Court of Appeals may be
reviewed by the Supreme Court of the United States by writ of
certiorari.
``(b) Expedited Consideration.--In any action brought under this
section, it shall be the duty of the district court, the United States
Court of Appeals for the District of Columbia Circuit, and the Supreme
Court of the United States (if it chooses to hear the action) to
advance on the docket and to expedite to the greatest possible extent
the disposit