HSB 183 (LSB 2130YC (2) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE)

A BILL FOR

An Act allowing for the use of ranked choice voting in city elections, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 39.3, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  10A.  “Ranked choice voting” means an election method in which voters rank candidates for an office in order of the voter’s preference and the ballots are counted in rounds, and votes, or fractions thereof, are distributed to candidates according to the preferences marked on each ballot as described in section 376.12.
    Sec. 2.  NEW SECTION.  43.113  Special charter cities —— ranked choice voting.
   In a special charter city holding a city primary election pursuant to section 43.112, the city may choose to conduct the primary election by ranked choice voting as provided in section 376.12.
    Sec. 3.  Section 43.117, Code 2023, is amended to read as follows:
   43.117  Plurality vote nominates and elects.
   A plurality shall nominate the party candidate for all offices filled by elections authorized by section 43.112, and a plurality shall elect the precinct committee members.  In a special charter city that uses ranked choice voting for the nomination of party candidates and precinct committee members, the candidate having the greatest number of votes under section 376.12, subsection 4, or designated as elected under section 376.12, subsection 5, shall be considered to have obtained a plurality of votes.
    Sec. 4.  Section 49.31, subsection 4, Code 2023, is amended to read as follows:
   4.  The Except for an office elected by ranked choice voting, the heading for each office on the ballot shall be immediately followed by a notation stating, “Vote for no more than ...”, and indicating the maximum number of nominees or candidates for that office for whom each elector may vote.
    Sec. 5.  Section 50.1A, Code 2023, is amended to read as follows:
   50.1A  Canvass by officials.
   1.  At every election conducted under chapter 49, except the primary election provided for by chapter 43, and at every other election unless the law authorizing the election otherwise requires, the vote shall be canvassed at each polling place by the election board in the manner prescribed by this chapter. When the poll is closed, the precinct election officials shall forthwith, and without adjournment:
   1.  a.  Publicly canvass the vote, and credit each candidate with the number of votes counted for the candidate.
   2.  b.  Ascertain the result of the vote.
   3.  c.  Prepare in writing a list of any apparently or possibly erroneous information appearing in the precinct election register.
   4.  d.  Designate two election board members, not members of the same political party, who shall each separately keep a tally list of the count.
   2.  The precinct election officials shall canvass the vote for an office elected by ranked choice voting according to rules adopted by the state commissioner pursuant to section 50.36A.
    Sec. 6.  Section 50.22, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The special precinct board shall canvass the vote for an office elected by ranked choice voting according to rules adopted by the state commissioner pursuant to section 50.36A.
    Sec. 7.  Section 50.24, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The board of supervisors shall canvass the vote for an office elected by ranked choice voting according to rules adopted by the state commissioner.
    Sec. 8.  NEW SECTION.  50.36A  Offices elected by ranked choice voting —— determination of winner.
   The winner of an election for an office elected by ranked choice voting shall be determined as provided in section 376.12. The state commissioner shall adopt rules pursuant to chapter 17A to provide for the tallying, canvassing, and tabulation of ballots for an office elected by ranked choice voting.
    Sec. 9.  Section 376.6, subsection 1, paragraphs a and b, Code 2023, are amended to read as follows:
   a.  The council may by ordinance choose to have a runoff election, as provided in section 376.9, or a ranked choice voting election, as provided in section 376.12, in lieu of a primary election.
   b.  If the council has by ordinance chosen to have nominations made in the manner provided by chapter 44 or 45, or a ranked choice voting election, as provided in section 376.12, neither a primary election nor a runoff election nor a ranked choice voting election is required.
    Sec. 10.  Section 376.6, subsection 2, Code 2023, is amended to read as follows:
   2.  Each city clerk shall certify to the city’s controlling commissioner of elections under section 47.2 the type of nomination process to be used for the city no later than ninety days before the date of the regular city election. If the city has by ordinance chosen a runoff election, has chosen a ranked choice voting election, or has chosen to have nominations made in the manner provided by chapter 44 or 45, or has repealed nomination provisions under those sections in preference for the primary election method, a copy of the city ordinance shall be attached. No changes in the method of nomination to be used in a city shall be made after the clerk has filed the certification with the commissioner, unless the change will not take effect until after the next regular city election.
    Sec. 11.  NEW SECTION.  376.12  Ranked choice voting election.
   1.  For the purposes of this section:
   a.  “Active candidate” means a candidate that has not been defeated or elected.
   b.  “Election threshold” means the number of votes sufficient for a candidate to be elected in a multi-winner election. The election threshold equals the total votes counted for active candidates in the first round of tabulation, divided by the sum of one plus the number of offices to be filled, then adding one, disregarding any fractions.
   c.  “Highest-ranked active candidate” means the active candidate assigned to a higher ranking than any other active candidate.
   d.  “Inactive ballot” means a ballot that does not count for any candidate as specified in subsection 6.
   e.  “Overvote” means an instance in which a voter has ranked more than one candidate at the same ranking.
   f.  “Ranking” means the number available to be assigned by a voter to a candidate to express the voter’s choice for that candidate, with ranking number one being the highest ranking.
   g.  “Round” means an instance of the sequence of voting tabulation steps established in subsection 4 or 5.
   h.  “Skipped ranking” means a circumstance in which a voter omits a ranking number and subsequently ranks a candidate using a lower ranking number than the ranking number omitted.
   i.  “Surplus fraction” means a number equal to the quotient of the difference between an elected candidate’s vote total and the election threshold, divided by the candidate’s vote total, truncated after four decimal places.
   j.  “Transfer value” means the proportion of a vote that a ballot will contribute to its highest-ranked active candidate, which starts at one.
   k.  “Undervote” means a ballot that does not contain any candidates at any ranking in a particular election.
   2.  A city that has chosen by ordinance to conduct city elections using ranked choice voting shall not hold a separate primary or runoff election, unless the city holds partisan elections as provided in sections 43.112 through 43.118 and sections 420.126 through 420.137.
   3.  a.  In an election conducted by ranked choice voting, the ballot shall allow a voter to rank candidates in order of choice, and ranking candidates shall not constitute voting for more than one candidate or for more than the number of persons to be elected as provided in section 49.93, unless the ballot includes an overvote.
   b.  The ballot shall allow a voter to rank as many choices as there are qualified candidates, including qualified write-in candidates, except as provided in this section. If voting equipment cannot accommodate a number of rankings on the ballot equal to the number of qualified candidates, the controlling commissioner of elections may limit the number of choices a voter may rank on a ballot to the maximum number allowed by the equipment. If multiple types of voting equipment are used in an election for the same office, the controlling commissioner of elections shall ensure that every ballot allows voters to rank the same number of candidates.
   4.  In an election for one office conducted by ranked choice voting, each ballot shall count as one vote for the highest-ranked active candidate on that ballot. Tabulation shall proceed in rounds with each round proceeding sequentially as follows:
   a.  If two or fewer active candidates remain, the candidate with the greatest number of votes is elected and tabulation is complete.
   b.  If more than two active candidates remain, the active candidate with the fewest votes is defeated, votes for the defeated candidate are transferred to each ballot’s next-ranked active candidate, and a new round begins as provided in paragraph “a”.
   5.  a.  In an election for more than one office conducted by ranked choice voting, each ballot shall count, at its current transfer value, for the highest-ranked active candidate on that ballot. Tabulation shall proceed in rounds with each round proceeding sequentially as follows:
   (1)  If the sum of the number of elected candidates and the number of active candidates is less than or equal to the number of seats to be filled, then all active candidates are designated as elected, and tabulation is complete.
   (2)  If an active candidate has a number of votes greater than or equal to the election threshold for the election, that candidate shall be designated as elected. If the number of elected candidates is equal to the number of seats to be filled, tabulation is complete. Otherwise, each ballot counting for an elected candidate is assigned a new transfer value by multiplying the ballot’s current transfer value by the surplus fraction for the elected candidate, truncated after the fourth decimal place. Each candidate elected under this subparagraph is deemed to have a number of votes equal to the election threshold for the election in all future rounds and a new round begins pursuant to subparagraph (1).
   (3)  If no candidate is elected pursuant to subparagraph (2), the candidate with the fewest votes is defeated and votes for the defeated candidates shall be transferred at their current transfer value to each ballot’s next-ranked active candidate and a new round begins pursuant to subparagraph (1).
   b.  If, in a round of counting conducted pursuant to this subsection, two or more candidates have a number of surplus votes greater than the election threshold for the election, the surpluses shall be distributed in rounds in which the largest surplus is distributed first, with any ties resolved by lot. The controlling commissioner of elections may modify the procedure to distribute surpluses simultaneously in the same round, provided that such modification is made prior to the election.
   6.  a.  In any round of tabulation conducted pursuant to subsection 4 or 5, an inactive ballot does not count for any candidate. A ballot is inactive if any of the following are true:
   (1)  It does not contain any active candidates and is not an undervote.
   (2)  It has reached an overvote.
   (3)  It has reached two consecutive skipped rankings.
   b.  An undervote does not count as an active or inactive ballot in any round of tabulation.
   7.  In an election conducted by ranked choice voting, the controlling commissioner of elections may modify the tabulation to include batch elimination. In a tabulation including batch elimination, when the active candidate with the fewest votes would be defeated, all active candidates in the elimination batch are simultaneously defeated. An active candidate is in the elimination batch if the number of elected and active candidates with more votes than that candidate is greater than the number of offices to be elected, and it is mathematically impossible for that candidate to be elected for any of the following reasons:
   a.  The candidate could never win because the candidate’s current vote total plus all votes that could possibly be transferred to the candidate in future rounds would not be enough to equal or surpass the active candidate with the next-higher current vote total. The number of votes that could possibly be transferred to the candidate in future rounds includes the number of votes for candidates with equal or fewer votes than that candidate, regardless of whether the candidate is ranked at a lower ranking on ballots counting for other candidates.
   b.  The candidate has a lower current vote total than an active candidate described in paragraph “a”.
   8.  If two or more candidates are tied with the fewest votes and tabulation cannot continue until the candidate with the fewest votes is defeated, then the candidate to be defeated shall be determined by lot. The controlling commissioner may resolve prospective ties between candidates prior to tabulation but after all votes are cast. The result of any tie resolution shall be recorded and reused in the event of a recount.
   9.  a.  The state commissioner of elections shall, after consultation with county commissioners of elections, adopt rules pursuant to chapter 17A for the release of unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon as feasible after the polls close and at regular intervals thereafter until the counting of ballots is complete.
   b.  Unofficial preliminary round-by-round results shall be clearly labeled as preliminary and shall, to the extent feasible, include the percent of ballots counted to date.
   c.  Unofficial preliminary cast vote records shall be all of the following:
   (1)  Clearly labeled as preliminary and, to the extent feasible, include the percent of ballots counted to date.
   (2)  Published online in a publicly accessible, electronic format.
   (3)  Identifiable by precinct to the extent such identification can be provided consistent with voter privacy.
   10.  In addition to any other information required by law to be reported with final results, the commissioner shall make public all of the following:
   a.  The total number of votes each candidate received in each round of the official tabulation, including votes for withdrawn candidates.
   b.  The total number of ballots that became inactive in each round because they did not contain any active candidates, reached an overvote, or reached two consecutive skipped rankings, reported as separate figures.
   c.  The cast vote records in a publicly accessible, electronic format that is identifiable by precinct to the extent such identification can be provided consistent with voter privacy.
    Sec. 12.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 13.  APPLICABILITY.  This Act applies to city elections that are held on or after January 1, 2024, and that are also held ninety or more days after the adoption of a city ordinance to use ranked choice voting, as specified in the ordinance.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for ranked choice voting for city elections. The bill allows a city to adopt ranked choice voting by ordinance for city elections. Ranked choice voting is a method of casting and tabulating votes in which voters rank candidates in order of preference and tabulation proceeds in rounds in which candidates are eliminated and votes redistributed until the number of candidates remaining is equal to or less than the number of offices to be filled. The bill includes procedures for the tabulation of ballots and redistribution of votes and requires the state commissioner of elections to adopt rules to provide for the tallying, canvassing, and tabulation of ballots for an office elected by ranked choice voting. The bill also requires the state commissioner of elections, after consultation with county commissioners of elections, to adopt rules for the release of preliminary round-by-round results and cast vote records in ranked choice voting elections.
   In addition to information currently required by law, the bill requires a report of the final results of a ranked choice voting election to include the total number of votes each candidate received in each round of the official tabulation, including votes for withdrawn candidates, the total number of ballots that became inactive in each round because they did not contain any active candidates, reached an overvote, or reached two consecutive skipped rankings, reported as separate figures, and the cast vote records in a publicly accessible, electronic format that is identifiable by precinct to the extent such identification can be provided consistent with voter privacy.
   The bill takes effect upon enactment and applies to city elections that are held on or after January 1, 2024, that are also held 90 or more days after adoption of an ordinance to use ranked choice voting, as specified in the ordinance.