HOUSE DOCKET, NO. 900        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2897

The Commonwealth of Massachusetts

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PRESENTED BY:

Mike Connolly

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing a local option for ranked choice voting in municipal elections.

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PETITION OF:

HOUSE DOCKET, NO. 900        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2897

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act providing a local option for ranked choice voting in municipal elections.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to  establish forthwith a ranked choice voting local option, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 44A of chapter 43 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “inclusive,”, in line 7,  the words:- section 103R of chapter 54.

SECTION 2:  Section 77 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “section thirty-three E” and inserting in place thereof the words “sections 33E and 103R”.

SECTION 3: Said chapter 54 is hereby further amended by inserting after section 103Q the following section:-

Section 103R. (a) Notwithstanding any other general or special law to the contrary, in any city or town which accepts this section, a local election may be conducted using ranked choice voting in which voters rank the candidates for an office in order of preference. Ranked choice voting elections may be used for elections with a single winning candidate or multiple winning candidates. Ranked choice voting elections shall be tabulated in rounds using the single transferable vote method. Winning thresholds shall be calculated based on the number of countable votes and the number of seats to be filled.

General provisions for a single-winner election and a multiple-winner election shall be specified by ordinance or by-law; provided, however, that a voter’s lower ranked choice shall not impact the likelihood of a voter’s higher ranked choice of being elected. The ordinance or by-law shall be enacted by the municipality’s legislative body and the body shall request the input of the  registrar of voters and town clerk or city election commissioners. The ordinance shall specify, at a minimum: (i) the method of calculating the winning threshold; (ii) how candidates with the fewest votes shall be eliminated before a subsequent round of the tally; (iii) how a vote for eliminated candidates shall be transferred to the voter's next valid choice; (iv) how a tie shall be resolved; (v) how a ballot that skipped a ranking or is otherwise mismarked shall be counted;  and (vi)  how a vote above the winning threshold for a candidate shall be transferred to an alternate choices in a multiple-winner election. Preliminary elections for local offices shall not be held in city or town that has accepted this section

(b) This section may be accepted by: (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii) ordinance or by-law; or (iii) charter amendment.

(c) A city or town which accepts this section shall conduct a voter education and outreach campaign to familiarize voters with ranked choice voting.

(d) A ranked choice voting ballot shall allow voters to rank as many choices as there are candidates. In the event that the voting equipment cannot accommodate a number of rankings on the ballot equal to the number of candidates, the town registrar of voters or the city election commissioner may limit the number of choices a voter may rank to the maximum number allowed by the equipment. In a single-winner election with three or more candidates, the limit shall not be less than 3. In a multi-winner election, the limit shall not be less than the number of seats to be elected.

(e) The ballot shall not interfere with a voter's ability to rank at least 1 write-in candidate.

(f) Not sooner than 4 years after acceptance of this section, a city or town which has accepted this section may return to its prior voting method by:  (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii)  ordinance or by-law; or (iii) charter amendment.