SF 629

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; adopting an instant runoff 
  1.3             voting system; amending Minnesota Statutes 2002, 
  1.4             sections 200.02, by adding a subdivision; 204B.36, 
  1.5             subdivision 2; 204D.10, subdivision 1; 206.80; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 204C. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 200.02, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 24.  [INSTANT RUNOFF VOTING.] "Instant runoff voting" 
  1.12  means the voting procedure in sections 204C.331 to 204C.339. 
  1.13     Sec. 2.  Minnesota Statutes 2002, section 204B.36, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [CANDIDATES AND OFFICES.] The name of each 
  1.16  candidate shall be printed at a right angle to the length of the 
  1.17  ballot.  At a general election the name of the political party 
  1.18  or the political principle of each candidate for partisan office 
  1.19  shall be printed above or below the name of the candidate.  The 
  1.20  name of a political party or a political principle shall be 
  1.21  printed in capital and lower case letters of the same type, with 
  1.22  the capital letters at least one-half the height of the capital 
  1.23  letters used for names of the candidates.  At a general 
  1.24  election, blank lines containing the words "write-in, if any" 
  1.25  shall be printed below the name of the last candidate for each 
  1.26  office, or below the title of the office if no candidate has 
  2.1   filed for that office, so that a voter may write in the names of 
  2.2   individuals whose names are not on the ballot.  One blank line 
  2.3   shall be printed for each officer of that kind to be elected.  
  2.4   At a primary election, no blank lines shall be provided for 
  2.5   writing in the names of individuals whose names do not appear on 
  2.6   the primary ballot.  
  2.7      At an election using instant runoff voting under sections 
  2.8   204C.331 to 204C.339, the ballot must be as prescribed in 
  2.9   section 204C.338. 
  2.10     At an election not using instant runoff voting, on the left 
  2.11  side of the ballot at the same level with the name of each 
  2.12  candidate and each blank line shall be printed a square in which 
  2.13  the voter may designate a vote by a mark (X). Each square shall 
  2.14  be the same size.  Above the first name on each ballot shall be 
  2.15  printed the words, "Put an (X) in the square opposite the name 
  2.16  of each candidate you wish to vote for."  At the same level with 
  2.17  these words and directly above the squares shall be printed a 
  2.18  small arrow pointing downward.  Directly underneath the official 
  2.19  title of each office shall be printed the words "Vote for one" 
  2.20  or "Vote for up to ..." (any greater number to be elected). 
  2.21     Sec. 3.  [204C.331] [INSTANT RUNOFF VOTING.] 
  2.22     The instant runoff system of voting is adopted in this 
  2.23  state in the manner specified in sections 204C.331 to 204C.339 
  2.24  for all applicable elections.  
  2.25     Sec. 4.  [204C.332] [FINDINGS AND PURPOSE.] 
  2.26     The legislature finds that it is in the public interest to 
  2.27  adopt a voting system in which all successful candidates must 
  2.28  win by a majority vote rather than a plurality of effective 
  2.29  votes and that allows voters to vote secondary and other 
  2.30  preferences in case their favorite candidate is not nominated or 
  2.31  elected.  A system known as instant runoff voting achieves that 
  2.32  purpose.  The legislature further finds that voter interest and 
  2.33  participation in elections will increase because a voter has 
  2.34  more choices and all votes will be more meaningful than under 
  2.35  the present system.  It is in the interest of participatory 
  2.36  democracy that voters be given the opportunity to vote their 
  3.1   true beliefs with their first choice votes, while still making 
  3.2   effective secondary choices among the remaining acceptable 
  3.3   candidates. 
  3.4      Sec. 5.  [204C.333] [DEFINITIONS.] 
  3.5      Subdivision 1.  [APPLICATION.] The definitions in this 
  3.6   section apply to sections 204C.331 to 204C.339.  
  3.7      Subd. 2.  [CHOICE.] "Choice" means an indication on a 
  3.8   ballot of a voter's ranking of candidates for a particular 
  3.9   office according to the voter's preference.  
  3.10     Subd. 3.  [CONTINUING BALLOT.] "Continuing ballot" means a 
  3.11  ballot that is not exhausted. 
  3.12     Subd. 4.  [EXHAUSTED BALLOT.] "Exhausted ballot" means a 
  3.13  ballot on which all available choices have been used; for 
  3.14  example, all choices made on the ballot have become votes for 
  3.15  the various candidates so indicated or contain choices for 
  3.16  eliminated candidates or both and contain no other choices. 
  3.17     Subd. 5.  [INSTANT RUNOFF VOTING.] "Instant runoff voting" 
  3.18  means a system of voting whereby voters may rank three or more 
  3.19  candidates for the same office in order of preference so that 
  3.20  voters may indicate a first choice, a second choice, and so on 
  3.21  for as many of the candidates for the office as they wish, up to 
  3.22  the maximum number of choices allowed. 
  3.23     Subd. 6.  [LAST PLACE CANDIDATE.] "Last place candidate" 
  3.24  means a candidate who has received the fewest votes among the 
  3.25  candidates who remain at any stage.  Two or more candidates 
  3.26  simultaneously become last place candidates if their combined 
  3.27  votes add up to less than all votes for the candidate with the 
  3.28  next highest number of votes.  
  3.29     Subd. 7.  [NEXT CHOICE.] "Next choice" means the highest 
  3.30  ranked choice for a remaining candidate that has not become a 
  3.31  vote at the stage referred to. 
  3.32     Subd. 8.  [REMAINING CANDIDATE; CANDIDATES WHO 
  3.33  REMAIN.] "Remaining candidate" means a candidate who has not 
  3.34  been eliminated.  "Candidates who remain" are all those who have 
  3.35  not been eliminated at the stage referred to. 
  3.36     Subd. 9.  [STAGE; STAGE IN THE COUNTING.] "Stage" or "stage 
  4.1   in the counting" means a step in counting votes where votes for 
  4.2   all remaining candidates are counted to determine whether a 
  4.3   candidate has achieved a majority and, if not, which candidate 
  4.4   or candidates are eliminated. 
  4.5      Subd. 10.  [VOTE.] "Vote" means a ballot choice that is 
  4.6   counted toward nomination or election of a candidate.  All first 
  4.7   choices are votes.  Lower ranked choices are potential votes 
  4.8   that may, according to the procedures in sections 204C.334 and 
  4.9   204C.335, be credited to a candidate, and thus become votes for 
  4.10  the candidate. 
  4.11     Sec. 6.  [204C.334] [COUNTING OF BALLOTS.] 
  4.12     Subdivision 1.  [GENERAL EXPLANATION.] In general, instant 
  4.13  runoff counting proceeds in the following manner:  
  4.14     (a) All votes must be counted.  A candidate who receives a 
  4.15  majority of the votes is nominated or elected.  
  4.16     (b) If no candidate receives a majority at the first or any 
  4.17  subsequent stage, then the last place candidate at each stage is 
  4.18  eliminated.  
  4.19     (c) The next choices on ballots for an eliminated candidate 
  4.20  become votes for the candidates indicated in those choices, and 
  4.21  this process continues until all but one candidate has been 
  4.22  eliminated. 
  4.23     Subd. 2.  [SPECIFIC PROCEDURES.] (a) This subdivision 
  4.24  governs how votes must be counted for each office covered by 
  4.25  instant runoff voting, subject to the conditions in section 
  4.26  204C.335.  
  4.27     (b) All first choices are counted first and if a candidate 
  4.28  has obtained a majority of those votes that candidate is 
  4.29  nominated or elected and counting ends.  The votes counted at 
  4.30  the first stage must be used to determine the distribution of 
  4.31  money in the party accounts in the state elections campaign fund 
  4.32  to legislative candidates under section 10A.31, subdivision 5a.  
  4.33     (c) If no candidate receives a majority of votes at the 
  4.34  first stage, then second stage counting begins by eliminating 
  4.35  the last place candidate and the second choices made on ballots 
  4.36  for the eliminated candidate become votes for the second choice 
  5.1   candidate indicated on those ballots.  A candidate who receives 
  5.2   a majority of votes at that stage is nominated or elected.  
  5.3      (d) If no candidate receives a majority at a previous 
  5.4   stage, the last place candidate among the remaining candidates 
  5.5   is eliminated and the next choices made on ballots for an 
  5.6   eliminated candidate become votes for the candidate indicated on 
  5.7   those ballots.  A candidate who receives a majority of votes at 
  5.8   that stage is nominated or elected.  
  5.9      (e) If at any stage in the counting there are two or more 
  5.10  last place candidates, these candidates are eliminated 
  5.11  simultaneously and the next choices made on ballots that had 
  5.12  votes for one or more eliminated candidates become votes for 
  5.13  indicated candidates who remain.  
  5.14     (f) The counting process continues in this manner with 
  5.15  successive last place candidates being eliminated and the next 
  5.16  choices made on continuing ballots on which votes were cast for 
  5.17  eliminated candidates are counted for the remaining candidate or 
  5.18  candidates indicated by those choices until all but one 
  5.19  candidate has been eliminated and that candidate is then 
  5.20  nominated or elected. 
  5.21     Sec. 7.  [204C.335] [VOTING CONDITIONS AND LIMITATIONS.] 
  5.22     Subdivision 1.  [EXHAUSTED BALLOTS.] Once a ballot is 
  5.23  exhausted it is disregarded and no longer counted.  A ballot 
  5.24  assigning the same ranking to more than one candidate for an 
  5.25  office is exhausted when the duplicate ranking is reached, in 
  5.26  which case no vote is recorded for any of the duplicate 
  5.27  candidates so chosen.  
  5.28     Subd. 2.  [SKIPPED RANKING.] If a ballot choice skips a 
  5.29  ranking, the next ranking below the skipped choice is moved up 
  5.30  and counted as though it were the rank of the skipped choice. 
  5.31     Subd. 3.  [TIE VOTES.] Ties must be decided by lot 
  5.32  according to section 204C.34. 
  5.33     Subd. 4.  [MAXIMUM EFFECTIVE CHOICES.] Only four choices 
  5.34  for any one office are counted.  
  5.35     Subd. 5.  [WRITE-IN VOTES.] Voters may write in one 
  5.36  candidate for each office and assign a ranking to the write-in 
  6.1   candidate along with candidates whose names are already on the 
  6.2   ballot.  Write-in candidates with fewer than ten votes are 
  6.3   automatically eliminated in elections in jurisdictions where 
  6.4   more than 1,000 total ballots were cast in the previous election.
  6.5      Subd. 6.  [INSUFFICIENT CHOICE VOTES MADE.] If ballots do 
  6.6   not contain sufficient effective second and lower choices for a 
  6.7   particular office, so that at the end of the counting no 
  6.8   candidate achieves a majority, the candidate who has received 
  6.9   the most votes is nominated or elected. 
  6.10     Subd. 7.  [VOTES FOR ELIMINATED CANDIDATES.] No votes may 
  6.11  be counted for a candidate who has been eliminated no matter how 
  6.12  many second and lower ranked choices might otherwise have become 
  6.13  votes for the candidate in a later stage. 
  6.14     Sec. 8.  [204C.336] [APPLICATION.] 
  6.15     Subdivision 1.  [OFFICES COVERED.] This section applies to 
  6.16  elections for the following offices: 
  6.17     (1) governor and lieutenant governor, attorney general, 
  6.18  state auditor, and secretary of state; 
  6.19     (2) president and vice-president of the United States; and 
  6.20     (3) members of the United States senate and United States 
  6.21  house of representatives. 
  6.22     Subd. 2.  [ELECTIONS COVERED.] This section applies to 
  6.23  voting in all primary, regular, and special elections where 
  6.24  three or more candidates are running for the same office.  
  6.25     Sec. 9.  [204C.337] [VOTING IN CITY ELECTIONS.] 
  6.26     Subdivision 1.  [STATUTORY CITIES.] A statutory city may 
  6.27  approve the use of instant runoff voting as described in 
  6.28  sections 204C.331 to 204C.339 to elect the offices of mayor, 
  6.29  clerk, treasurer, clerk-treasurer, or a member of the city 
  6.30  council elected from a single-member ward.  Approval must be by 
  6.31  a majority of the voters voting on the question at a special 
  6.32  election held under section 205.10.  The question presented must 
  6.33  be "Shall instant runoff voting be used in city elections"? 
  6.34     Subd. 2.  [HOME RULE CHARTER CITIES.] Nothing in these 
  6.35  statutes shall be construed to prohibit a home rule charter city 
  6.36  from adopting instant runoff voting or another method of voting 
  7.1   with a form of ballot that differs from the form required by 
  7.2   section 204B.36, subdivision 2.  
  7.3      Sec. 10.  [204C.338] [BALLOT SPECIFICATIONS AND DIRECTIONS 
  7.4   TO VOTERS.] 
  7.5      Ballots should be simple and easy to understand.  Sample 
  7.6   ballots illustrating voting procedures must be posted in or near 
  7.7   the voting booth and included in the instruction packet of 
  7.8   absentee ballots.  Directions provided to voters must conform 
  7.9   substantially to the following specifications:  "You may vote 
  7.10  for candidates in order of preference.  Indicate your first 
  7.11  choice by marking the number "1" beside a candidate's name (or 
  7.12  by marking in the column labeled "First Choice"), your second 
  7.13  choice by marking the number "2" (or by marking the column 
  7.14  labeled "Second Choice"), your third choice by marking the 
  7.15  number "3" (or by marking in the column labeled "Third Choice"), 
  7.16  and so on, for as many or as few choices as you wish from one up 
  7.17  to four.  You are under no obligation to rank more than one 
  7.18  candidate for each office, but ranking additional candidates 
  7.19  will not affect your first choice candidate.  Do not mark the 
  7.20  same number beside more than one candidate (or put more than one 
  7.21  mark in each column for the office you are voting on).  Do not 
  7.22  skip numbers." 
  7.23     Sec. 11.  [204C.339] [CHANGES IN VOTING DEVICES AND 
  7.24  COUNTING METHODS.] 
  7.25     Appropriate election officials of this state may provide 
  7.26  for the use of electronic, computerized, or other devices for 
  7.27  marking, sorting, and counting the ballots and tabulating the 
  7.28  results and may modify the design and form of the ballots, the 
  7.29  directions to voters, and the details with respect to the method 
  7.30  of marking, sorting, invalidating, and retaining of ballots, and 
  7.31  the counting of votes.  No change may be made inconsistent with 
  7.32  provisions, purposes, or principles of this section.  Election 
  7.33  officials must provide voters with a ballot that has a special 
  7.34  design, format, or layout for offices to which instant runoff 
  7.35  voting applies, but the parts of ballots for contests that have 
  7.36  only one or two candidates for the same office may differ from 
  8.1   the parts of a ballot to which instant runoff voting applies. 
  8.2      Sec. 12.  [204C.371] [DECLARATION OF READINESS.] 
  8.3      By January 15 of each even-numbered year, the secretary of 
  8.4   state shall report to the legislature on the readiness of the 
  8.5   state to implement instant runoff voting for the offices named 
  8.6   in section 204C.336.  Readiness may be achieved by using paper 
  8.7   ballots or by upgrading electronic voting equipment to have the 
  8.8   capacity to process a ranked ballot.  When the state has 
  8.9   achieved full readiness to implement instant runoff voting as 
  8.10  described in sections 204C.331 to 204C.339 at the following 
  8.11  state primary and general election, the secretary of state shall 
  8.12  declare that fact. 
  8.13     Sec. 13.  Minnesota Statutes 2002, section 204D.10, 
  8.14  subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [PARTISAN OFFICES; NOMINEES.] The candidate 
  8.16  for nomination of a major political party for a partisan office 
  8.17  on the state partisan primary ballot who receives the highest 
  8.18  number of votes for a legislative office, or who receives a 
  8.19  majority of votes or is the last candidate remaining under the 
  8.20  system of instant runoff voting prescribed by sections 204C.331 
  8.21  to 204C.339, shall be the nominee of that political party for 
  8.22  that office, except as otherwise provided in subdivision 2.  
  8.23     Sec. 14.  Minnesota Statutes 2002, section 206.80, is 
  8.24  amended to read: 
  8.25     206.80 [ELECTRONIC VOTING SYSTEMS.] 
  8.26     An electronic voting system may not be employed unless it: 
  8.27     (1) permits every voter to vote in secret; 
  8.28     (2) permits every voter to vote for all candidates and 
  8.29  questions for whom or upon which the voter is legally entitled 
  8.30  to vote; 
  8.31     (3) permits the use of instant runoff voting and cumulative 
  8.32  voting; 
  8.33     (4) provides for write-in voting when authorized; 
  8.34     (4) (5) rejects by means of the automatic tabulating 
  8.35  equipment, except as provided in section 206.84 with respect to 
  8.36  write-in votes, all votes for an office or question when the 
  9.1   number of votes cast on it exceeds the number which the voter is 
  9.2   entitled to cast; 
  9.3      (5) (6) permits a voter at a primary election to select 
  9.4   secretly the party for which the voter wishes to vote; and 
  9.5      (6) (7) rejects, by means of the automatic tabulating 
  9.6   equipment, all votes cast in a primary election by a voter when 
  9.7   the voter votes for candidates of more than one party.  
  9.8      Sec. 15.  [EFFECTIVE DATE.] 
  9.9      This act is effective July 1 following final enactment, 
  9.10  except that sections 8, 12, and 13 are effective beginning with 
  9.11  the first state primary and general election following the 
  9.12  declaration of readiness under section 12.