RCV LEGISLATION
Ranked choice voting (RCV) elections start with an authorizing statute. Depending upon the jurisdiction, this may be done by a bill in the state’s legislature, by ballot initiative, by charter amendment, or by resolution. When developing the language for RCV legislation, initiatives, amendments, or resolutions, it is recommended that the language be written broadly to be flexible enough to change with the times. For example, having terminology in adopted language specific to a particular type of voting equipment or a set number of rankings would limit the ability for elections to be administered as the voting equipment evolves.
You can find example language from ballot initiatives, charter amendments, ordinances and bills, and resolutions below. Additionally, example laws from jurisdictions using RCV for their military and overseas voters are available under "Military and Overseas (UOCAVA) Voters." Finally, version 2.0 of the Voluntary Voting Systems Guidelines (VVSG), the standards used to test voting equipment for federal certification, is being developed now. You can find resources related to RCV's incorporation into those standards at the VVSG link at the end.
INITIATIVES & AMENDMENTS
Ballot Initiatives
Ballot initiatives occur when a question is added to a ballot by petition, which was signed by a requisite number of registered voters. Not all jurisdictions allow ballot initiatives; however, in 2016, ballot initiatives regarding RCV were passed in the State of Maine and Benton County, Oregon. Below are links to these two ballot initiatives.
IN PRACTICE: State of Maine Question 5
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Maine Question 5 RCV Petition
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Maine Citizen's Guide to the Referendum Election 2016 (Question 5 description begins on pg. 48)
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Maine RCV Statute
IN PRACTICE: Benton County, Oregon Measure 2-100
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Benton County RCV Ballot Measure
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Benton County Voter Pamphlet November 2016 (ballot measure description begins on pg. 16)
Charter Amendments
While some charter amendments may occur by initiative, governments may also change a charter by legislative action, referendum, or charter commission depending upon the jurisdiction. While some municipal or county governments must have state-level approval for changes to their governing documents, others do not have this requirement. The links below are examples of charter amendments to implement RCV:
IN PRACTICE: Hendersonville, NC 2009 Pilot Resolution (IRV)
IN PRACTICE: Memphis, TN Charter Amendment - Sec. 7 (IRV)
IN PRACTICE: Portland, ME Charter (see Art. II, Sec. 3 - RCV)
IN PRACTICE: San Francisco, CA Ballot Proposition A
- San Francisco Voter Information Pamphlet and Sample Ballot 2002 (Ballot Proposition A description begins on pg. 37)
IN PRACTICE: Santa Fe, NM Charter Amendment Resolution (RCV)
IN PRACTICE: Sarasota, FL Charter Amendment (IRV)
IN PRACTICE: Takoma Park, MD Ballot Question & Charter Resolution (IRV)
STATUTES
RCV elections start with an authorizing law. In many circumstances, state laws must be written or amended to implement RCV. The links below include implemented statutes and model statutes developed by the organization FairVote, a nonprofit advocating for the adoption of RCV. These links are broken down by how strictly the statutes available define RCV and how to count/adjudicate ranked choice ballots.
Also, we are creating a "what to include in RCV statutes guide" for lawmakers, so RCV elections across the country can be uniform and follow best practices for RCV.
The next version of the Voluntary Voting System Guidelines (VVSG) is anticipated to include model specifications for RCV voting methods. Future statutory authorizations may elect to reference these guidelines in order to ensure precise and consistent definitions and vote tabulation procedures.
Define RCV, Ballot Adjudication Rules:
These laws define what RCV is in the jurisdiction (if electing a single winner or multiple winners), how to count RCV elections, and how to adjudicate individual ballots. They cover as many issues as is reasonable in an RCV statute.
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Minneapolis, MN Statute - Ch. 167 (single-winner and proportional RCV)
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Model Statute (single-winner and proportional RCV)
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Maine Question 5 (single-winner RCV)
Define RCV broadly: no detailed rules
Here are some prime examples of a more basic RCV law: it only defines what RCV is and how that RCV election should be counted. It does not define how to adjudicate individual ballots.
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Basalt, CO Statute - Art. II, Sec. 2.8 (single-winner RCV)
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Model City Charter - National Civic League (added RCV; pgs. 43-45)
Permits RCV:
These are examples of the most basic RCV law possible: it only says that RCV is permitted and goes no further.
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Santa Clara County, CA - Sec. 208 (single-winner RCV)
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Model Charter Amendment (single-winner and/or proportional RCV)
MILITARY AND OVERSEAS (UOCAVA) VOTERS
Military and Overseas (UOCAVA) voters in Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, and Springfield, Illinois, use RCV ballots to participate in potential runoff elections. Each of these places holds runoffs for their primaries or general elections if no one receives a majority in the first round of the election. In order to ensure military and overseas voters can participate in these elections, voters are sent the ballot for the primary or general election and a ranked ballot to fill out if the election goes to a runoff. This ensures military and overseas voters can participate in each stage of an election without worrying that their runoff ballot might get delayed in the mail. To learn more, listen to our RCV Clips episode, Serving Military and Overseas Voters with RCV, about South Carolina's use of ranked ballots.
Alabama's RCV law for Military and Overseas voters is the best example of such RCV laws: it describes the RCV process used and how RCV ballots are to be sent to military and overseas voters. Like all other military and overseas voter RCV laws, it provides only basic instructions on ballot counting, how ballots should be designed, and how to adjudicate ballots. Mississippi's regulations cover similar ground.
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Alabama Statute - UOCAVA - Sec. 17-13-8.1 (single-winner RCV)
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Mississippi Regulations & Instructions - UOCAVA (single-winner RCV)