Ranked Choice Voting Act
This bill requires each state to carry out elections for Senators and Representatives in Congress, including primary, special, and general elections, using a system of ranked choice voting. Under this system, each voter must rank the candidates for the office in order of the voter's preference.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4464 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4464
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 HOUSE OF REPRESENTATIVES
September 24, 2019
Mr. Raskin (for himself, Mr. Beyer, Mr. Cohen, Mr. Cooper, Mr. Kennedy,
Mr. Khanna, Mr. McGovern, Mr. Moulton, Mr. Peters, Ms. Pingree, Miss
Rice of New York, and Ms. Pressley) introduced the following bill;
which was referred to the Committee on House 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 Senator and
Representative in Congress because the authority granted to Congress
under article I, section 4 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 a system of ranked choice voting (also known as instant runoff
voting) under which each voter shall rank the candidates for the office
in the order of the voter's preference, in accordance with this title.
``(b) Ballot Design.--Each State shall ensure that the ballot used
in an election carried out using a system of ranked choice voting under
this title meets each of the following requirements:
``(1) The ballot shall be simple and easy to understand.
``(2) 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. If feasible,
the ballot shall permit voters to rank every candidate in the
election. If it is not feasible for the ballot to permit voters
to rank every candidate, the State may limit the number of
candidates who may be ranked on the ballot to not fewer than 6.
``(3) The ballot shall include such instructions as the
State considers necessary to enable the voter to rank
candidates and successfully cast the ballot under the system.
``SEC. 322. PROHIBITING ADDITIONAL RUNOFF ELECTIONS.
``(a) Primary Elections.--No State may hold a 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 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 runoff special
election for the office of Senator or the office of Representative in
Congress after the date established by the State 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, or, if write-in candidates are allowed in
the general election, at least 2 candidates advance.
``(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.
``(a) In General.--
``(1) Determination of candidate's number of votes.--The
number of votes received by a candidate in either the initial
tabulation or in an additional round of tabulation shall be
equal to the number of ballots on which that candidate is the
highest ranked continuing candidate.
``(2) Criteria for election.--Except as provided in section
332, a candidate shall be elected to the office of Senator or
the office of 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)
if--
``(A) the candidate receives a number of votes
greater than 50 percent of the number of ballots cast
in the election; or
``(B) if the election official carries out
additional rounds of tabulation under subsection (b),
the candidate receives the greatest number of votes of
the remaining continuing candidates (as described in
such subsection).
``(b) Process in Case No Candidate Elected Under Initial
Tabulation.--
``(1) Additional rounds of tabulation.--If, under the
initial tabulation of ballots, no candidate is elected to
office (or, in the case of a primary election, no candidate
advances to the general election for such office) under the
criteria described in subsection (a)(2)(A), the election
official shall carry out additional rounds of tabulation in
accordance with paragraph (2) until only 2 continuing
candidates remain.
``(2) Treatment of ballots in additional rounds.--In each
additional round of tabulation carried out under this
subsection--
``(A) the candidate receiving the fewest number of
votes among all candidates (or, in the case of a State
which applies batch elimination under section 334, each
candidate in the batch elimination group) shall be
treated as a defeated candidate;
``(B) for each ballot cast for a defeated
candidate, the election official shall determine the
highest-ranked candidate on the ballot who is a
continuing candidate; and
``(C) the vote cast on the ballot shall be
transferred to, and added to the total number of votes
received by, the highest-ranked continuing candidate
determined under subparagraph (B).
``SEC. 332. SPECIAL RULES FOR NONPARTISAN BLANKET PRIMARY ELECTIONS.
``(a) Determination of Winning Candidates.--In the case of a
nonpartisan blanket primary election, a candidate for the office of
Senator or the office of Representative in Congress shall be treated as
a winning candidate and shall advance to the general election for such
office if, during any round of tabulation carried out under this
section, the candidate is a continuing candidate and the total number
of winning and continuing candidates is equal to or less than the
required number of winning candidates with respect to the election, as
provided under the law of the State involved.
``(b) Tabulation Process.--
``(1) Additional rounds of tabulation.--After the initial
tabulation of ballots in a nonpartisan blanket primary
election, the election official shall carry out additional
rounds of tabulation in accordance with paragraph (2) until the
number of winning candidates is equal to the required number of
winning candidates with respect to the election, as provided
under the law of the State involved.
``(2) Treatment of ballots in additional rounds.--In each
additional round of tabulation carried out under this
subsection--
``(A) the candidate receiving the fewest number of
votes among all candidates (or, in the case of a State
which applies batch elimination under section 334, each
candidate in the batch elimination group) shall be
treated as a defeated candidate;
``(B) for each ballot cast for a defeated
candidate, the election official shall determine the
highest-ranked candidate on the ballot who is a
continuing candidate; and
``(C) the vote cast on the ballot shall be
transferred to, and added to the total number of votes
received by, the highest-ranked continuing candidate
determined under subparagraph (B).
``SEC. 333. EXCLUSION OF INACTIVE BALLOTS.
``In any round of tabulation of ballots under this part, including
the initial tabulation of ballots, a vote shall not be counted for any
candidate if it is cast on an inactive ballot.
``SEC. 334. USE OF BATCH ELIMINATION.
``(a) Batch Elimination Described.--At the option of the State,
with respect to any candidate elimination round carried out under this
subsection, a State may use batch elimination to treat multiple
candidates as defeated candidates for purposes of the additional rounds
of tabulation described in section 331(b)(2) or section 332(b)(2). A
continuing candidate is in the elimination batch if it is
mathematically impossible for that candidate to be a winning candidate
in the election for any of the following reasons:
``(1) The candidate's vote total in the initial tabulation
of ballots plus all of the votes that could possibly be
transferred to the candidate in the additional rounds of
tabulation would not be enough to equal or surpass the
continuing candidate with the next highest vote total in the
initial tabulation of ballots.
``(2) The candidate has a lower current vote total than a
continuing candidate described in paragraph (1).
``(b) Special Rule for Nonpartisan Blanket Primary Elections.--In
the case of a nonpartisan blanket primary election for which tabulation
is carried out in accordance with section 332, a candidate may not be
in the elimination batch if the candidate's vote total is one of the
top ___ vote totals among all continuing candidates, with the blank
space filled in with the required number of winning candidates with
respect to the election, as provided under the law of the State
involved.
``SEC. 335. TREATMENT OF TIES BETWEEN CANDIDATES.
``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 in accordance with State law.
``SEC. 336. 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 solely on the basis
of the initial tabulation of ballots in the election, and shall not
take into account any additional round of tabulation under section
331(b) or section 332(b).
``PART 3--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING
``SEC. 341. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.
``(a) Payments.--Not later than June 1, 2021, the Commission shall
make a payment to the State in an amount equal to--
``(1) in the case of the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, $1,000,000; or
``(2) in the case of any other State, the sum of $750,000
and the product of--
``(A) the number of Representatives to which the
State is entitled under the reapportionment of
Representatives resulting from the regular decennial
census conducted during 2020; and
``(B) $250,000.
``(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, and to otherwise
carry out elections for Federal office in the State.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
``PART 4--DEFINITIONS
``SEC. 351. DEFINITIONS.
``In this subtitle, the following definitions apply:
``(1) The term `continuing candidate' means, with respect
to an additional round of tabulation conducted under section
331(b) or section 332(b), a candidate who is neither a winning
candidate nor a candidate who is treated as a defeated
candidate under such section during the tabulation of ballots
under such section.
``(2) The term `inactive ballot' means, with respect to a
round of tabulation under section 331 or section 332--
``(A) a ballot on which the voter does not rank any
of the continuing candidates in order of preference;
``(B) a ballot on which the voter ranked more than
one continuing candidate at the highest order of
preference; or
``(C) a ballot on which the voter skips two or more
consecutive numerical rankings prior to the ranking for
the continuing candidate at the highest order of
preference.
``(3) The term `nonpartisan blanket primary election' means
a single, open primary election for the office of Senator or
the office of Representative in Congress in which all
candidates for the office are listed on the same primary
election ballot, regardless of political party affiliation.
``(4) The term `winning candidate' means a candidate who
was elected to office (or, in the case of a primary election,
who advanced to the general election for such office as
provided under the law of the State involved) under the
tabulation process applicable to the election under part 2 at
any time during the tabulation of ballots.''.
(b) Conforming Amendment Relating to Applicability of Enforcement
Provisions.--Section 401 of such Act (52 U.S.C. 21111) is amended by
striking ``sections 301, 302, and 303'' and inserting ``title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the item relating to title III the
following:
``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.
``Sec. 322. Prohibiting additional runoff elections.
``Sec. 323. Treatment of primary elections.
``Sec. 324. Application to District of Columbia and Territories.
``Part 2--Tabulation Process
``Sec. 331. Tabulation process.
``Sec. 332. Special rules for nonpartisan blanket primary elections.
``Sec. 333. Exclusion of inactive ballots.
``Sec. 334. Use of batch elimination.
``Sec. 335. Treatment of ties between candidates.
``Sec. 336. Determination of votes cast for candidates of political
parties for purposes of access to ballot in
Federal elections.
``Part 3--Payments to States To Implement Ranked Choice Voting
``Sec. 341. Payments to States to implement ranked choice voting.
``Part 4--Definitions
``Sec. 351. Definitions.''.
SEC. 3. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this Act or in any amendment made by this Act may be
construed to affect the manner in which a State carries out elections
for State or local office.
SEC. 4. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to elections for Federal office held on or after January 1,
2022.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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