Bill Summary – FastDemocracy

HB 345-FN - AS INTRODUCED
                                           2023 SESSION
                                                                                           23-0012
                                                                                           08/05
HOUSE BILL           345-FN
AN ACT          enabling ranked-choice voting for state party primary elections and municipal
                elections.
SPONSORS:       Rep. Read, Rock. 10; Rep. Hamblet, Rock. 26; Rep. Wilhelm, Hills. 40; Rep.
                Veilleux, Hills. 34; Rep. Wolf, Merr. 7; Rep. Newell, Ches. 4; Rep. Phinney, Straf.
                9; Rep. Cam. Kenney, Straf. 10; Rep. Meuse, Rock. 37; Sen. Fenton, Dist 10
COMMITTEE:      Election Law
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                                             ANALYSIS
  This bill establishes procedures for ranked-choice voting and allows state parties and
municipalities to opt into such procedures.
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Explanation:   Matter added to current law appears in bold italics.
               Matter removed from current law appears [in brackets and struckthrough.]
               Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
                                         HB 345-FN - AS INTRODUCED
                                                                                              23-0012
                                                                                              08/05
                                           STATE OF NEW HAMPSHIRE
                                In the Year of Our Lord Two Thousand Twenty Three
     AN ACT                enabling ranked-choice voting for state party primary elections and municipal
                           elections.
                 Be it Enacted by the Senate and House of Representatives in General Court convened:
      1 New Section; Ranked-Choice Voting. Amend RSA 652 by inserting after section 16-h the
  following new section:
      652:16-i     Ranked-Choice Voting.     "Ranked-choice voting" means the method of casting and
  tabulating votes in which voters rank candidates in order of choice and tabulation proceeds in
  rounds, as follows:
          I. Pursuant to RSA 659:61-b to determine which candidate in a state primary or general
  election has a plurality of votes for the election to a single-seat office, including office in a single-
  member representative district.
          II. Pursuant to RSA 659:61-c to determine which candidates in a state primary or general
 election have a plurality of votes for the election to an office in a multi-member representative
 district.
         III. Pursuant to RSA 659:61-d to determine which candidates in a presidential primary
 election have received a certain minimum percentage of votes.
     2 Voting Materials. Amend RSA 656:6 to read as follows:
     656:6 Designation of Office. Immediately to the left of the set of party columns shall be an
 offices column which shall list the offices, each preceded by the word "For," for which the candidates
 whose names are listed in the party columns have been nominated, as in "For Governor[.]" or, in the
 case of multi-representative districts in an election using ranked-choice voting, "For
 election of [here insert number to be elected] Representatives." Below each such phrase shall
 be printed in small but easily legible letters "Vote for not more than ____ (here insert a number
 designating how many persons are to be voted for)[.]," or in the case of an election using ranked-
 choice voting, "Rank candidates in order of preference."
     3 Ballot Counting Devices; Testing. Amend RSA 656:42, VIII(e)(4) to read as follows:
                    (4) The town or city clerk shall mark the test ballots in such a way as to demonstrate
 a vote for each candidate on at least one test ballot, as well as votes for less than and more than the
 number of candidates that may be voted for an office, write-ins, multiple votes for a candidate who
 appears in more than one party column for the same office on a general election ballot, and ballots on
 which there are no votes. The clerk shall mark [as many as possible of the combinations of choices
 that a voter may indicate on the ballot.] as many variations or rankings as are reasonably
 necessary to demonstrate the accuracy of the device.
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      4 Marking the Ballot; Instructions to Voters. Amend RSA 659:17 to read as follows:
      659:17 Marking the Ballot; Instructions to Voters. The secretary of state shall provide on the
  top of the general election ballot the following voting instructions.      The secretary of state is
  authorized to replace the phrase "Make the appropriate mark" with an appropriate description and
  example of the mark to be made for the type of ballot in use, such as "Make a cross (X) in the box,"
  "Completely fill in the oval," or "Complete the arrow"[:], or in the case of an election using
  ranked-choice voting, how to "Rank candidates in order of preference," such as "Completely
  fill in the oval":
  1) To Vote
 Make the appropriate mark to the right of your choice. For each office vote for not more than the
 number of candidates stated in the sentence: "Vote for not more than ___." If you vote for more than
 the stated number of candidates, your vote for that office will not be counted. For elections using
 ranked-choice voting, rank the candidates in the order of your preference. If you vote for
 more than the stated number of candidates, your vote for that office will not be counted or,
 in the case of ranked-choice voting, this means that each ranking may only be used once.
 2) To Vote by Write-In
 To vote for a person whose name is not printed on the ballot, write in the name of the person in the
 "write-in" space. Make the appropriate mark to the right of your choice.
     5 Optional Counting of Votes at Additional Polling Places.       Amend RSA 659:59 to read as
 follows:
     659:59 Optional Counting of Votes at Additional Polling Places. The moderator may order the
 assistant moderator in writing to process absentee ballots and to count the votes cast at the
 additional polling place in the presence of and with the assistance of the assistant town clerk and
 election officials in the manner prescribed by this chapter. The counting of votes in elections
 using ranked-choice voting at an additional polling place shall be coordinated with the
 counting at the central polling place in order to facilitate counting by the ranked-choice
 method described in RSA 659:61-a. After the processing of absentee ballots and the counting are
 complete, the assistant moderator shall place the counted ballots in the ballot box and shall seal it,
 and the assistant town clerk shall certify the same. The assistant moderator shall also seal in a
 package the duplicate checklists used at the additional polling place together with the absentee
 envelopes and the spoiled and unused ballots; and he or she, together with the assistant town clerk,
 shall immediately deliver the ballot box, checklists, absentee envelopes, unused and spoiled ballots,
 and a written report of [his] the count signed by [him] the assistant moderator and the assistant
 town clerk to the moderator of the town at the central polling place. If the moderator does not order
 the counting as provided herein, the assistant moderator shall comply with the provisions of RSA
 659:62.
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      6 New Sections; Determination of Winner in Election for an Office Elected by Ranked-Choice
  Voting. Amend RSA 659 by inserting after section 61 the following new sections:
      659:61-a Definitions Applied to Ranked-Choice Voting.
          I. As used in this section and in RSA 659:61-b through RSA 659:61-d, unless the context
  otherwise indicates, the following terms have the following meanings.
              (a) "Active preference" means the highest continuing ranking on a continuing ballot.
              (b) "Batch elimination" means the simultaneous defeat of multiple candidates because,
  with respect to such candidates, one of the following applies:
                  (1) The candidate cannot be elected because the candidate's active preference total in
 a round of the ranked-choice voting tabulation plus the total of all continuing ballots that could
 possibly be transferred to the candidate in future rounds from candidates with fewer active
 preferences or an equal number of active preferences would not be enough to surpass the candidate
 with the next higher active preference total in the round.
                 (2) The candidate has a lower active preference total than a candidate described in
 subparagraph (1).
             (c) "Continuing ballot" means a ballot that is not an exhausted ballot.
             (d) "Continuing candidate" means a candidate who has not been defeated or, in a multi-
 member representative district, who is not an elected candidate.
             (e) "Elected candidate" means a candidate determined to be a winner in a multi-member
 representative district.
             (f) "Election threshold" means the number of active preferences sufficient for a candidate
 to be elected in a multi-member representative district, equal to the quotient of the number of
 continuing ballots in the first round of counting divided by the number of candidates to be elected in
 a particular multi-member representative district plus one, such quotient rounded down to the
 nearest whole number, plus one.
             (g) "Excess preferences" means, for each candidate who becomes an elected candidate in
 a particular round, the positive difference between such elected candidate's total number of active
 preferences and the election threshold.
             (h) "Exhausted ballot" means a ballot that does not rank any continuing candidate,
 contains an overvote at the highest continuing ranking, or contains 2 or more sequential skipped
 rankings before its highest continuing ranking.
             (i) "Highest continuing ranking" means the highest ranking on a voter's ballot for a
 continuing candidate.
             (j) "Last-place candidate" means the candidate with the lowest active preference total in
 a round of the ranked-choice voting tabulation or any other candidate subject to batch elimination.
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              (k) "Minimum percentage of votes" means a percentage threshold reported by a political
  party to the secretary of state not less than 60 days prior to a presidential primary election, above
  which all continuing candidates shall be apportioned delegates.
              (l)    "Overvote" means a circumstance in which a voter has ranked more than one
  candidate at the same ranking.
              (m) "Ranking" means the number assigned on a ballot by a voter to a candidate to
  express the voter's preference for that candidate.    Ranking number one is the highest ranking,
  ranking number 2 is the next-highest ranking and so on.
              (n) "Round" means an instance of the sequence of voting tabulation steps established in
 RSA 659:61-b.
             (o) "Skipped ranking" means a circumstance in which a voter has left a ranking blank
 and ranks a candidate at a subsequent ranking.
             (p) "Transfer ratio" means for each elected candidate in a particular round, the quotient
 of the excess preferences for such elected candidate divided by the number of active preferences for
 such candidate.
             (q)    "Transfer value" means the proportion of an active preference that a ballot will
 contribute to its highest continuing ranking. Each ballot begins with a transfer value of 1 and is
 subsequently multiplied by the applicable transfer ratio.
     659:61-b Determination of Winner in Elections for an Office Elected by Ranked Choice Voting;
 Single Seat Offices.
         I. Except as provided in paragraphs II and III, the following procedures shall be used to
 determine which candidate has the plurality of votes for purposes of identifying the winner in an
 state primary election and a state general election for a single seat office by ranked-choice voting.
 Tabulation shall proceed in rounds.      In each round, the number of active preferences for each
 continuing candidate shall be counted. Each continuing ballot counts as one active preference for its
 highest-ranked continuing candidate for that round. Exhausted ballots are not counted for any
 continuing candidate. The round then ends with one of the following 2 potential outcomes:
             (a) If there are 2 or fewer continuing candidates, the candidate with the most active
 preferences is determined to be the person receiving the plurality of votes and is declared the winner
 of the election.
             (b)    If there are more than 2 continuing candidates, the last-place candidate, or
 candidates, is defeated and a new round begins.
         II. If 2 or more last-place candidates are tied and batch elimination does not apply, the last-
 place candidate who was credited with the fewest active preferences in the prior round shall be
 declared defeated. If 2 or more of such tied candidates were tied in the prior round also, the second
 tie shall be decided by referring similarly to the standing of candidates, in terms of active
 preferences, in the second-prior round. This principle shall be applied successively as many times as
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  may be necessary; a tie shown in any prior round being decided by referring to the standing of the
  tied candidates in the round immediately preceding the round in which the tie exists. Any tie not
  otherwise provided for shall be decided by lot.
          III. Two or more candidates may be defeated simultaneously by batch elimination in any
  round of tabulation.
          IV. For purposes of determining the eligibility of and status as political parties, the number
  of votes cast for a party's or political organization's candidate in a state general election is the
  number of active preferences credited to that candidate after the initial counting in the first round
  described in paragraph I.
     659:61-c Determination of Winners in Elections for Offices Elected by Ranked-Choice Voting;
 Multi-Member Representative Districts.
         I. Except as provided in paragraphs II and III, the following procedures shall be used to
 determine which candidates have the plurality of votes for purposes of identifying the winners in a
 state primary election and a state general election in a multi-member representative district.
 Tabulation shall proceed in rounds.      In each round, the number of active preferences for each
 continuing candidate shall be counted. Each continuing ballot counts as an active preference at its
 transfer value for its highest-ranked continuing candidate for that round. Exhausted ballots are not
 counted for any continuing candidate. The round then ends with one of the following 3 potential
 outcomes, to be tested sequentially:
             (a) If one or more continuing candidates have a number of active preferences that are
 greater than or equal to the election threshold, such candidates are determined to be winners of the
 election by a plurality of votes. If the number of candidates determined to have been winners of the
 election, collectively and in any round, equals the number of members to be elected in a particular
 multi-member representative district, the tabulation shall then cease. If the number of candidates
 determined to have been winners of the election, collectively and in any round, is less than the
 number of members to be elected in a particular multi-member representative district, then the
 transfer values of the active preferences for the elected candidates in the current round are
 calculated and a new round begins.
             (b) If the number of continuing candidates plus elected candidates equals the number of
 members to be elected in a particular multi-member representative district, then all remaining
 continuing candidates shall be determined to be winners of the election by a plurality of votes and
 the tabulation shall then cease.
             (c)   If no continuing candidate has received a number of active preferences that are
 greater than or equal to the election threshold, then the last-place candidate, or candidates, is
 defeated and a new round begins.
         II. If 2 or more last-place candidates are tied and batch elimination does not apply, the last-
 place candidate who was credited with the fewest active preferences in the prior round shall be
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  declared defeated. If 2 or more of such tied candidates were tied in the prior round also, the second
  tie shall be decided by referring similarly to the standing of candidates, in terms of active
  preferences, in the second-prior round. This principle shall be applied successively as many times as
  may be necessary, a tie shown in any prior round being decided by referring to the standing of the
  tied candidates in the round immediately preceding the round in which the tie exists. Any tie not
  otherwise provided for shall be