ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2378: ranked choice voting; presidential preference

Sponsor:  Representative Dunn, LD 13

Committee on Government & Elections

Overview

Establishes regulations relating to ranked choice voting (RCV) when three or more presidential preference candidates qualify for a political party's ballot. Outlines systems for tabulation of votes, ballot processing and reporting of results when using RCV.

History

A presidential preference election (PPE) must be held on the Tuesday immediately following March 15 of each year in which the President of the United States is elected to give qualified electors the opportunity to express their preference for the presidential candidate of the political party indicated as their preference by the record of their registration (A.R.S. § 16-241).

At the political party national convention, each delegate to the national convention must vote for the party's presidential nominee candidate who received the greatest number of votes in the presidential preference election until:

1)   The candidate is nominated for the office of President of the United States;

2)   The candidate releases the delegate from the delegate's obligation;

3)   The candidate withdraws from the race; or

4)   One convention nominating ballot has been taken.

If any of those apply, each delegate is free to vote as the delegate chooses, and no rule may be adopted by a delegation requiring the delegation to vote as a body or causing the vote of any delegate to go uncounted or unreported (A.R.S. § 16-243).

Provisions

Secretary of State (SOS) Requirements

1.   Requires the PPE to be conducted and canvassed using RCV when three or more candidates qualify for a political party's ballot. (Sec. 1, 4)

2.   Mandates that an explanation of RCV and instructions for electors that are approved by the SOS be included on or with each ballot. (Sec. 2)

3.   Directs the SOS to:

a)   Conduct a voter education and outreach campaign to familiarize electors with RCV in English and in every language in which the ballot is to be made available; and

b)   Ensure that an explanation of RCV and instructions in a form approved by SOS is posted at each polling place and included with each early ballot. (Sec. 4)

Tabulation of Ballots

4.   States that in any PPE in which RCV is used:

a)   An elector may rank as many choices as there are candidates on the ballot for a particular office; and

b)   A ballot must allow an elector to rank up to two write-in candidates. (Sec. 4)

5.   Specifies that a vote for an unqualified write-in candidate is not considered a vote for a candidate. (Sec. 4)

6.   Stipulates that in an election in which one candidate is to be elected to office, each ballot must count as one vote for the highest-ranked active candidate on that ballot and tabulation must proceed in sequential rounds as follows:

a)   If two or fewer active candidates remain, the candidate with the greatest number of votes is elected and tabulation is complete; or

b)   If more than two active candidates remain, the active candidate with the fewest votes is defeated and the votes for the defeated candidate are transferred to each ballot's next ranked active candidate and a new round begins. (Sec. 4)

7.   Specifies that an election in which two or more candidates are to be elected to an office in a multiple-seat district or a governing body that includes multiple at-large seats, each ballot  must count at its current transfer value for the highest-ranked active candidate on that ballot and vote tabulation must proceed in sequential rounds as follows:

a)   If the number of elected candidates or 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, all active candidates are designated as elected;

b)   If any active candidate has a number of votes greater than or equal to the election threshold for the contest, that candidate must be designated as elected and each ballot counting for an elected candidate is assigned a new transfer value as outlined in this Act; or

c)   If no candidate is elected, the candidate with the fewest votes is defeated and votes for the defeated candidate must be transferred at their current transfer value to each ballot's next-ranked active candidate and a new round begins. (Sec. 4)

8.   Mandates that if two or more candidates have a number of surplus votes greater than the election threshold for the contest, the surplus must be distributed in rounds in which the largest surplus is distributed first, with any ties resolved by lot. (Sec. 4)

9.   Allows the officer in charge of election's to modify the procedure to distribute surpluses simultaneously in the same round provided that the modification is made before the election. (Sec. 4)

10.  Specifies that an inactive ballot does not count for any candidate in any round of tabulation in an RCV contest. (Sec. 4) 

11.  States that a ballot is inactive if:

a)   It does not contain any active candidates and is not an undervote;

b)   It has reached an overvote;

c)   It has reached two consecutive skipped rankings; and

d)   An undervote does not count as an active or inactive ballot in any round of tabulation. (Sec. 4)

12.  Stipulates that if two or more candidates are tied with the fewest votes and tabulation cannot continue until the candidate with the fewest votes is defeated, the candidate to be defeated must be determined by lot. (Sec. 4)

13.  Directs election officials to resolve prospective ties between candidates before tabulation after all votes are cast. (Sec. 4)

Reporting Results

14.  Requires the officer in charge of an RCV election to report the total number of ballots that became inactive in each round due to:

a)   The ballots not containing any active candidates;

b)   Reaching an overvote; and

c)   Two consecutive skipped rankings as separate totals. (Sec. 4)

15.  Directs the officer in charge of elections, if feasible, to publish final results data by precinct. (Sec. 4)

Miscellaneous

16.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines the following terms:

a)   active candidate;

b)   election threshold;

c)   highest-ranked active candidate;

d)   inactive ballot;

e)   overvote;

f) ranking;

g)   round;

h)   skipped ranking;

i)   surplus fraction;

j)   transfer value; and

k)   undervote. (Sec. 4)

17.  Makes technical and conforming changes. (Sec. 1, 3)

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21.                    HB 2378

22.  Initials SJ/AG        Page 0 Government & Elections

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