Provides for ranked choice voting in all state and county elections; establishes the process and procedures for counting votes and certifying election results using the ranked choice methodology.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the current plurality voting system suffers from two serious flaws. The first is a lack of majority rule. Under plurality voting, a candidate can win the election with less than a majority of the vote, especially when there are more than two candidates running for the same office. The second is the "spoiler" problem in which voters have an incentive not to vote for their favorite candidate because doing so might lead to the election of their least favorite candidate. As a result, many voters make conscious decisions not to vote for their favorite candidate and instead choose to vote for the less preferred candidate who has a better chance of winning.

In contrast, ranked choice voting is a method of voting that allows voters to rank candidates in order of preference, as first choice, second choice, or third choice. If no candidate receives a majority of the first choice votes, a process of eliminating candidates and transferring votes begins. A candidate who receives the fewest number of first choice votes is eliminated and the votes cast for the eliminated candidate are transferred to the voter's next highest ranked choice candidate. The votes are then recalculated. If no candidate receives a majority, the process of eliminating candidates and transferring votes is repeated, until one candidate receives a majority. This method of voting ensures that a winning candidate is the person most preferred by a majority of voters. Moreover, ranked choice voting elects a majority candidate while still allowing voters to support a candidate who is not a front-runner.

The legislature finds that ranked choice voting has been used effectively around the world, including in Ireland to elect its president and in London's 2000 election for mayor. In 2002, San Francisco became the first major American city to use ranked choice voting. Moreover, states such as Vermont, Washington, Alaska, and New Mexico have also begun exploring the possibility of using ranked choice voting.

The purpose of this Act is to allow for ranked choice voting for all general elections and thus require a true majority vote to win, unless no candidate achieves a majority after the fourth tabulation under the ranked choice methodology, in which case the candidate with the highest vote count shall be declared the winner.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding three new sections to part X to be appropriately designated and to read as follows:

"§11-A Ranked choice voting; application; requirements. (a) The ranked choice voting method shall be used in all general election contests for the offices of governor, lieutenant governor, state house of representatives, state senate, office of Hawaiian affairs, and county offices if authorized by county ordinance.

(b) The chief election officer shall adopt rules under chapter 91 to allow for the mechanical, electronic, or other means of marking, sorting, and counting the ballots and tabulating and transferring votes under the ranked choice voting method.

(c) Ranked choice ballots shall allow a voter to rank each candidate for an office in order of preference from first to fourth. Instructions on the ballot shall include the following statement: "You may mark as many or as few alternate choices as you wish from first to fourth. Marking a second choice cannot help defeat your first choice. Marking a subsequent choice cannot help defeat your higher ranked choices." Sample ballots illustrating voting procedures shall be posted in or near the voting booth and included in the instruction materials for absentee ballots.

§11-B Ranked choice voting; elimination of candidates; exhaustion of ballot. (a) At the outset, the ranked choice voting method may be accelerated at the option of the chief election officer by eliminating all candidates with fewer than one per cent of the first choice votes cast for the elective office. The first choice vote on ballots cast for eliminated candidates shall be transferred to the candidates who are still in the race and received the voters' next highest ranking on those ballots.

(b) If a ballot has no more available choices ranked on it, the ballot is exhausted.

(c) If a ballot skips an available choice, the ballot is exhausted. A ballot that gives two or more candidates the same ranking is exhausted when that ranking is reached unless only one of the candidates ranked is still in the race when the vote is due to be transferred.

(d) In the case of a tie between candidates for last place, occurring at any stage in the tabulation, the tie shall be resolved so as to eliminate the candidate who received the fewest number of first choice and transferred votes combined at the previous stage of tabulation. In the case of a tie to which a previous stage does not apply, or if the previous stage was also a tie, the tie shall be resolved by drawing lots. However, if the tie occurs when there are only two candidates remaining, the tie shall be resolved as set forth in section 11-157.

§11-C Ranked choice voting; counting votes; certification of results. (a) To determine the winners in elections conducted by the ranked choice voting method, ballots shall be counted by election officials according to the first choice marked on each ballot. If one candidate receives a majority of the first choice votes cast, that candidate shall be declared the winner for that office.

(b) If at the end of the initial count, no candidate receives a majority of the first choice votes cast, the chief election officer shall declare the candidate with the fewest first choice votes defeated and transfer that candidate's first choice votes to the candidates who received the next highest ranking on each ballot containing votes to be transferred. If after the first round of transferring votes, no candidate receives a majority of votes cast for the office, this process of eliminating candidates, transferring first choice and previously transferred votes to candidates still in the race and tabulating results shall continue until one candidate receives a majority of the votes cast, excluding blank and spoiled votes, or if there is only one candidate remaining.

(c) If at any point a candidate receives a majority, a certificate of election or certificate of results declaring the results shall be issued pursuant to section 11-156.

(d) If after the fourth round of counting, no candidate receives a majority of votes cast, excluding blank and spoiled votes, the requirement for a majority of votes shall not apply and the candidate having the most votes for the first choice shall be declared by the chief election officer to be the winner."

SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Ranked choice voting" means a method of casting and tabulating ballots where the voters are allowed to rank candidates in order of preference from first-choice to fourth-choice. If no candidate obtains a majority of first-choice votes, votes are transferred according to voters' preferences, pursuant to sections 11-A to 11-C. Each voter shall have only one vote for each office but if no candidate receives a majority that vote shall be transferred according to each voter's indicated preferences in the manner provided by sections 11-B and 11-C."

SECTION 4. Section 11-151, Hawaii Revised Statutes, is amended to read as follows:

"§11-151 Vote count. [Each] Except for contests where the ranked choice voting method is applied, each contest or question on a ballot shall be counted independently as follows:

SECTION 5. Section 11-152, Hawaii Revised Statutes, is amended to read as follows:

"§11-152 Method of counting. (a) In an election using the paper ballot voting system, immediately after the close of the polls, the chairperson of the precinct officials shall open the ballot box. The precinct officials at the precinct shall proceed to count the votes as follows:

(b) In those precincts using the electronic voting system, the ballots shall be taken in the sealed ballot boxes to the counting center according to the procedure and schedule promulgated by the chief election officer to promote the security of the ballots. In the presence of official observers, counting center employees may start to count the ballots prior to the closing of the polls provided there shall be no printout by the computer or other disclosure of the number of votes cast for a candidate or on a question prior to the closing of the polls. For the purposes of this section, the closing of the polls is that time identified in section 11-131 as the closing hour of voting.

(c) In the ranked choice method of voting, vote counting shall be as provided in section 11-C."

SECTION 6. Section 11-155, Hawaii Revised Statutes, is amended to read as follows:

"§11-155 Certification of results of election. On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and release the election results after the expiration of the time for bringing an election contest. The certification shall be based on a comparison and reconciliation of the following:

A certificate of election or a certificate of results declaring the results of the election as of election day shall be issued pursuant to section 11-156; provided that in the event of an overage or underage, a list of all precincts in which an overage or underage occurred shall be attached to the certificate. The number of candidates to be elected receiving the highest number of votes in any election district, other than candidates for the offices of governor, lieutenant governor, state house of representatives, state senate, office of Hawaiian affairs, and county offices as authorized by ordinance, subject to the ranked choice voting method and certified pursuant to section 11-C, shall be declared to be elected. Unless otherwise provided, the term of office shall begin or end as of the close of polls on election day. The position on the question receiving the appropriate majority of the votes cast shall be reflected in a certificate of results issued pursuant to section 11-156."

SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.