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1 S.32
2 An act relating to ranked-choice voting for presidential primary elections
3 It is hereby enacted by the General Assembly of the State of Vermont:
4 * * * Opt-in Ranked-Choice Voting System for Town, Cities,
5 and Villages * * *
6 Sec. 1. 17 V.S.A. chapter 55, subchapter 4 is added to read:
7 Subchapter 4. Ranked-Choice Voting
8 § 2691a. DEFINITIONS
9 As used in this subchapter:
10 (1) “Active candidate” means a candidate who has not been eliminated
11 and who is not a withdrawn candidate.
12 (2) “By lot” means a method, determined by the Secretary of State, for
13 randomly choosing between two or more active candidates.
14 (3) “Highest-ranked active candidate” means the active candidate
15 assigned a higher ranking than any other active candidate.
16 (4) “Inactive ballots” means ballots that do not count as votes for any
17 candidate due to one or more of the reasons listed in subdivision 2691d(c)(2)
18 of this title.
19 (5) “Overvote” means an instance in which a voter assigned the same
20 ranking to more than one candidate.
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1 (6) “Ranking” means the number available to be assigned by a voter to a
2 candidate to express the voter’s choice for that candidate. The number “1” is
3 the highest ranking, followed by “2” and then “3” and so on.
4 (7) “Round” means an instance of the sequence of voting tabulation in
5 accordance with section 2691d of this title.
6 (8) “Skipped ranking” means a voter does not assign a certain available
7 ranking to any candidate but does assign a subsequent available ranking to a
8 candidate.
9 (9) “Undervote” means a ballot on which a voter does not assign any
10 ranking to any candidate in a particular contest.
11 (10) “Withdrawn candidate” means any candidate who has submitted a
12 declaration of withdrawal in writing to the presiding officer, the effectiveness
13 of which begins when filed with the presiding officer.
14 § 2691b. RANKED-CHOICE VOTING SYSTEM; APPLICATION
15 (a) Application. The provisions of the ranked-choice voting system
16 described in this subchapter shall only apply to the election of a candidate
17 running for an office in a town, city, or village if:
18 (1) a town, city, or village has voted to elect officers by the Australian
19 ballot system pursuant to section 2680 of this title and is using the Australian
20 ballot system in accordance with subsection 2680 of this title; and VT LEG #369107 v.1
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1 (2) that town, city, or village has adopted the ranked-choice voting
2 system described in this subchapter by either:
3 (A) a vote of the town, city, or village, at its annual meeting or at a
4 special meeting called for that purpose; or
5 (B) a vote of the legislative body of that town, city, or village.
6 (b) Duration. Once a town, city, or village votes to adopt the ranked-choice
7 voting system described in this subchapter, this ranked-choice voting system
8 shall be used in that manner until:
9 (1) the town, city, or village votes to discontinue use of the system; or
10 (2) the legislative body of that town, city, or village votes to discontinue
11 use of the system, provided however, that the legislative body may not vote to
12 discontinue use of the system if that town, city, or village had adopted the
13 ranked-choice voting system by a vote of the town, city, or village.
14 § 2691c. RANKED-CHOICE VOTING SYSTEM; BALLOTS
15 Notwithstanding any contrary provisions in section 2681a of this title, a
16 ballot for an election using the ranked-choice system in a town, city, or village
17 shall allow voters to rank candidates in order of ordinal preference.
18 (1) The names of all candidates on the ballot shall be listed in
19 alphabetical order.
20 (2) The ballot shall allow voters to assign rankings to candidates that are
21 equal to the number of printed candidate names and blank write-in lines.
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1 § 2691d. RANKED-CHOICE VOTING TABULATION
2 (a) Tabulation rounds. In any election of a candidate running for an office
3 in a town, city, or village, each ballot shall count as one vote for the highest-
4 ranked active candidate on that ballot. Tabulation shall proceed in rounds, as
5 follows:
6 (1) Elections with one winner.
7 (A) If there are two or fewer active candidates, then tabulation is
8 complete, and the candidate with the most votes is declared the winner of the
9 election.
10 (B) If there are more than two active candidates, the active candidate
11 with the fewest votes is eliminated, the votes for the eliminated candidate are
12 transferred to each ballot’s next-ranked active candidate, and a new round
13 begins.
14 (2) Elections with multiple winners.
15 (A) If the number of active candidates is equal to the number of seats
16 available plus one, then tabulation is complete, and the candidates with the
17 most votes are declared the winners of the election.
18 (B) If the number of active candidates is more than the number of
19 seats available plus one, then the active candidate with the fewest votes is
20 eliminated, the votes for the eliminated candidate are transferred to each
21 ballot’s next-ranked active candidate, and a new round begins.
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1 (3) Ties.
2 (A) If there is a tie between two active candidates with the fewest
3 votes, the tie shall be resolved by lot to determine which candidate is defeated.
4 The result of the tie resolution must be recorded and reused in the event of a
5 recount.
6 (B) If there is a tie between the final active candidates, the presiding
7 officer shall notify each active candidate involved in the tie, or the candidate’s
8 designee, to be present at the presiding officer’s office or at the polling place at
9 a certain time. At that time, the presiding officer shall select the winner of the
10 tabulation by lot.
11 (b) Withdrawn candidates. Ranking orders containing withdrawn
12 candidates shall be treated the same as ranking orders containing candidates
13 who have been eliminated from tabulation.
14 (c) Inactive ballots and undervotes.
15 (1) In any round of tabulation, an inactive ballot does not count for any
16 candidate and is not considered a vote for the purposes of determining which
17 active candidate has the majority of the active votes in the final round of
18 tabulation pursuant to subsection (a) of this section.
19 (2) A ballot is an inactive ballot if any of the following is true:
20 (A) The ballot does not rank any active candidates and is not an
21 undervote.
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1 (B) The ballot has reached an overvote.
2 (C) The ballot has reached two consecutive skipped rankings.
3 (3) An undervote does not count as either an active or inactive ballot in
4 any round of tabulation.
5 § 2691e. RANKED-CHOICE VOTING RESULTS REPORTING
6 In addition to any other information required by law to be reported with
7 final results, the following shall be made public:
8 (1) the total number of votes each candidate received in each round of
9 the official tabulation, including votes for withdrawn candidates; and
10 (2) the total number of ballots that became inactive in each round
11 because they did not contain any active candidates, reached an overvote, or
12 reached two consecutive skipped rankings, reported as separate figures.
13 § 2691f. MUNICIPAL ORDINANCES
14 Municipalities shall have the power to adopt ordinances pursuant to
15 24 V.S.A. chapter 59 for the purpose of the proper and efficient administration
16 of the ranked-choice voting system in towns, cities, and villages, provided such
17 ordinances do not controvert the provisions of this subchapter.
18 Sec. 2. FIRST PERMISSIBLE ELECTION USING RANKED-CHOICE
19 VOTING SYSTEM
20 A town, city, or village may only use the ranked-choice voting system
21 described in 17 V.S.A. chapter 55, subchapter 4 beginning at the 2024 annual VT LEG #369107 v.1
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1 meeting of that town, city, or village and then thereafter. A town, city, or
2 village may nevertheless adopt pursuant to 17 V.S.A. § 2691b(a) a ranked-
3 choice voting system in advance of the 2024 annual meeting.
4 * * * Voter and Presiding Officer Education * * *
5 Sec. 3. VOTER AND PRESIDING OFFICER EDUCATION; SECRETARY
6 OF STATE’S OFFICE
7 The Secretary of State shall make available to voters in a town, city, or
8 village that has adopted ranked-choice voting pursuant to 17 V.S.A. § 2691b
9 information regarding the ranked-choice process and provide to presiding
10 officers in those towns, cities, and villages training in order to assist them in
11 implementing that process.
12 Sec. 4. [Deleted.]
13 * * * Ranked-Choice Voting Study Committee * * *
14 Sec. 5. RANKED-CHOICE VOTING; RANKED-CHOICE VOTING
15 STUDY COMMITTEE; REPORT
16 (a) Creation. There is created the Ranked-Choice Voting Study Committee
17 to examine issues in implementing ranked-choice voting in Vermont across all
18 elections for state and federal office.
19 (b) Membership. The Ranked-Choice Voting Study Committee shall be
20 composed of the following members:
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1 (1) two current members of the House of Representatives, not from the
2 same political party, who shall be appointed by the Speaker of the House;
3 (2) two current members of the Senate, not from the same political
4 party, who shall be appointed by the Committee on Committees;
5 (3) one designee, appointed by the Secretary of State;
6 (4) three designees, appointed by the Vermont Municipal Clerks’ and
7 Treasurers’ Association, from different-sized towns, cities, and villages,
8 different regions, and at least one shall be from a town, city, or village that use
9 a hand count in elections;
10 (5) one designee, appointed by the Vermont League of Cities and
11 Towns;
12 (6) a member of an organization focused on the conduct of elections,
13 who shall be appointed by the Speaker of the House; and
14 (7) a member of a different organization focused on the conduct of
15 elections, who shall be appointed by the Senate Committee on Committees.
16 (c) Powers and duties. The Ranked-Choice Voting Study Committee shall
17 study ranked-choice voting systems with the goals of having recommendations
18 implemented for all primary and general elections for state and federal office
19 occurring in 2026, including the following issues:
20 (1) education of voters;
21 (2) training of town clerks, presiding officers, and election staff;
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1 (3) election integrity, security, and transportation of ballots;
2 (4) technological requirements in tabulators, hardware, and software;
3 (5) methodology of ranked-choice voting systems;
4 (6) canvassing of votes and roles of canvassing committees;
5 (7) post-election processes and reporting; and
6 (8) other items relating to the design and implementation of ranked-
7 choice voting systems.
8 (d) Assistance. The Ranked-Choice Voting Study Committee shall have
9 the administrative, technical, and legal assistance of the Vermont Office of
10 Legislative Counsel and the Vermont Legislative Joint Fiscal Office.
11 (e) Report. On or before January 15, 2024, the Ranked-Choice Voting
12 Study Committee shall report to the House Committee on Government
13 Operations and Military Affairs and the Senate Committee on Government
14 Operations with its findings and any recommendations for legislative action.
15 (f) Meetings.
16 (1) A member of the House of Representatives designated by the
17 Speaker of the House shall call the first meeting of the Ranked-Choice Voting
18 Study Committee to occur on or before July 1, 2023.
19 (2) The Ranked-Choice Voting Study Committee shall select a chair
20 from among its members at the first meeting.
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1 (3) A majority of the members of the Ranked-Choice Voting Study
2 Committee shall constitute a quorum.
3 (4) The Ranked-Choice Voting Study Committee shall cease to exist on
4 November 1, 2024.
5 (g) Compensation and reimbursement.
6 (1) For attendance at meetings during adjournment of the General
7 Assembly, a legislative member of the Ranked-Choice Voting Study
8 Committee serving in the legislator’s capacity as a legislator shall be entitled to
9 per diem compensation and reimbursement of expenses pursuant to 2 V.S.A.
10 § 23 for not more than four meetings. These payments shall be made from
11 monies appropriated to the General Assembly.
12 (2) Other members of the Ranked-Choice Voting Study Committee who
13 are not paid for their services by the organization for which the member is
14 representing on the Ranked-Choice Voting Study Committee shall be entitled
15 to per diem compensation as permitted under 32 V.S.A. § 1010 for not more
16 than four meetings. These payments shall be made from monies appropriated
17 to the Office of the Secretary of State.
18 (h) Appropriation. The sum of $1,000.00 is appropriated to the Office of
19 the Secretary of State from the General Fund in fiscal year 2024 for per diem
20 compensation for members of the Committee.
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1 * * * Ranked-Choice Voting for Presidential Primary Elections * * *
2 Sec. 6. REDESIGNATION
3 17 V.S.A. §§ 2705 and 2706 are redesignated as 17 V.S.A. §§ 2710 and 2711.
4 Sec. 7. 17 V.S.A. chapter 57, subchapter 1 is amended to read:
5 Subchapter 1. Presidential Primary
6 § 2700. DEFINITIONS
7 As used in this subchapter:
8 (1) “Active candidate” means a candidate who has not been eliminated
9 and who is not a withdrawn candidate as set forth in subdivision (12) of this
10 section.
11 (2) “By lot” means a method, determined by the Secretary of State, for
12 randomly choosing between two or more active candidates.
13 (3) “Highest-ranked active candidate” means the active candidate
14 assigned a higher ranking than any other active candidate.
15 (4) “Inactive ballots” means ballots that do not count as votes for any
16 candidate due to one or more of the reasons listed in subdivision 2706(c)(2) of
17 this title.
18 (5) “Major political party” has the same meaning as in subdivision
19 2103(23)(A) of this title.
20 (6) “Overvote” means an instance in which a voter assigned the same
21 ranking to more than one candidate.
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1 (7) “Ranking” means the number available to be assigned by a voter to a
2 candidate to express the voter’s choice for that candidate. The number “1” is
3 the highest ranking, followed by “2,” and then “3,” and so on.
4 (8) “Round” means an instance of the sequence of voting tabulation in
5 accordance with section 2706 of t