[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4464 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 4464

   To establish the use of ranked choice voting in elections for the 
   offices of Senator and Representative in Congress, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2019

Mr. Raskin (for himself, Mr. Beyer, Mr. Cohen, Mr. Cooper, Mr. Kennedy, 
 Mr. Khanna, Mr. McGovern, Mr. Moulton, Mr. Peters, Ms. Pingree, Miss 
  Rice of New York, and Ms. Pressley) introduced the following bill; 
      which was referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
   To establish the use of ranked choice voting in elections for the 
   offices of Senator and Representative in Congress, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.

    (a) Short Title.--This Act may be cited as the ``Ranked Choice 
Voting Act''.
    (b) Finding of Constitutional Authority.--Congress finds that it 
has the authority to establish the terms and conditions States must 
follow in administering elections for the offices of Senator and 
Representative in Congress because the authority granted to Congress 
under article I, section 4 of the Constitution of the United States 
gives Congress the power to enact laws governing the time, place, and 
manner of elections for such offices.

SEC. 2. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
              REPRESENTATIVES.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.) is amended by adding at the end the following new 
subtitle:

                   ``Subtitle C--Ranked Choice Voting

 ``PART 1--REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
                            REPRESENTATIVES

``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
              REPRESENTATIVES.

    ``(a) Ranked Choice Voting.--Each State shall carry out elections 
for the office of Senator and the office of Representative in Congress, 
including primary, special, and general elections for such office, 
using a system of ranked choice voting (also known as instant runoff 
voting) under which each voter shall rank the candidates for the office 
in the order of the voter's preference, in accordance with this title.
    ``(b) Ballot Design.--Each State shall ensure that the ballot used 
in an election carried out using a system of ranked choice voting under 
this title meets each of the following requirements:
            ``(1) The ballot shall be simple and easy to understand.
            ``(2) The ballot shall include all qualified candidates for 
        the election and (to the extent permitted under State law) 
        options for voters to select write-in candidates. If feasible, 
        the ballot shall permit voters to rank every candidate in the 
        election. If it is not feasible for the ballot to permit voters 
        to rank every candidate, the State may limit the number of 
        candidates who may be ranked on the ballot to not fewer than 6.
            ``(3) The ballot shall include such instructions as the 
        State considers necessary to enable the voter to rank 
        candidates and successfully cast the ballot under the system.

``SEC. 322. PROHIBITING ADDITIONAL RUNOFF ELECTIONS.

    ``(a) Primary Elections.--No State may hold a runoff primary 
election for the office of Senator or the office of Representative in 
Congress after the date established under State law for the primary 
election for such office.
    ``(b) General Elections.--No State may hold a runoff general 
election for the office of Senator or the office of Representative in 
Congress after the date established under section 25 of the Revised 
Statutes of the United States (2 U.S.C. 7) for the regularly scheduled 
general election for such office.
    ``(c) Special Elections.--No State may hold a runoff special 
election for the office of Senator or the office of Representative in 
Congress after the date established by the State under State law for 
such special election for such office.

``SEC. 323. TREATMENT OF PRIMARY ELECTIONS.

    ``(a) Conditions for Holding Nonpartisan Blanket Primary 
Elections.--A State may hold a nonpartisan blanket primary election for 
the office of Senator or the office of Representative in Congress only 
if State law provides that at least 3 candidates advance to the 
subsequent general election, or, if write-in candidates are allowed in 
the general election, at least 2 candidates advance.
    ``(b) Rule of Construction.--Nothing in this title shall be 
construed to require a State to hold a primary election for the office 
of Senator or the office of Representative in Congress prior to the 
date established under section 25 of the Revised Statutes of the United 
States (2 U.S.C. 7) for the regularly scheduled general election for 
such office, so long as the determination of the candidates who are 
elected to such office is based solely on the votes cast with respect 
to the election held on such date, as determined in accordance with the 
system of ranked choice voting under this title.

``SEC. 324. APPLICATION TO DISTRICT OF COLUMBIA AND TERRITORIES.

    ``(a) Election of Delegates and Resident Commissioner.--In this 
subtitle, the term `Representative' includes a Delegate or Resident 
Commissioner to the Congress.
    ``(b) Application to Northern Mariana Islands.--This subtitle shall 
apply with respect to the Commonwealth of the Northern Mariana Islands 
in the same manner as this subtitle applies to a State.

                      ``PART 2--TABULATION PROCESS

``SEC. 331. TABULATION PROCESS.

    ``(a) In General.--
            ``(1) Determination of candidate's number of votes.--The 
        number of votes received by a candidate in either the initial 
        tabulation or in an additional round of tabulation shall be 
        equal to the number of ballots on which that candidate is the 
        highest ranked continuing candidate.
            ``(2) Criteria for election.--Except as provided in section 
        332, a candidate shall be elected to the office of Senator or 
        the office of Representative in Congress (or, in the case of a 
        primary election, shall advance to the general election for 
        such office as provided under the law of the State involved) 
        if--
                    ``(A) the candidate receives a number of votes 
                greater than 50 percent of the number of ballots cast 
                in the election; or
                    ``(B) if the election official carries out 
                additional rounds of tabulation under subsection (b), 
                the candidate receives the greatest number of votes of 
                the remaining continuing candidates (as described in 
                such subsection).
    ``(b) Process in Case No Candidate Elected Under Initial 
Tabulation.--
            ``(1) Additional rounds of tabulation.--If, under the 
        initial tabulation of ballots, no candidate is elected to 
        office (or, in the case of a primary election, no candidate 
        advances to the general election for such office) under the 
        criteria described in subsection (a)(2)(A), the election 
        official shall carry out additional rounds of tabulation in 
        accordance with paragraph (2) until only 2 continuing 
        candidates remain.
            ``(2) Treatment of ballots in additional rounds.--In each 
        additional round of tabulation carried out under this 
        subsection--
                    ``(A) the candidate receiving the fewest number of 
                votes among all candidates (or, in the case of a State 
                which applies batch elimination under section 334, each 
                candidate in the batch elimination group) shall be 
                treated as a defeated candidate;
                    ``(B) for each ballot cast for a defeated 
                candidate, the election official shall determine the 
                highest-ranked candidate on the ballot who is a 
                continuing candidate; and
                    ``(C) the vote cast on the ballot shall be 
                transferred to, and added to the total number of votes 
                received by, the highest-ranked continuing candidate 
                determined under subparagraph (B).

``SEC. 332. SPECIAL RULES FOR NONPARTISAN BLANKET PRIMARY ELECTIONS.

    ``(a) Determination of Winning Candidates.--In the case of a 
nonpartisan blanket primary election, a candidate for the office of 
Senator or the office of Representative in Congress shall be treated as 
a winning candidate and shall advance to the general election for such 
office if, during any round of tabulation carried out under this 
section, the candidate is a continuing candidate and the total number 
of winning and continuing candidates is equal to or less than the 
required number of winning candidates with respect to the election, as 
provided under the law of the State involved.
    ``(b) Tabulation Process.--
            ``(1) Additional rounds of tabulation.--After the initial 
        tabulation of ballots in a nonpartisan blanket primary 
        election, the election official shall carry out additional 
        rounds of tabulation in accordance with paragraph (2) until the 
        number of winning candidates is equal to the required number of 
        winning candidates with respect to the election, as provided 
        under the law of the State involved.
            ``(2) Treatment of ballots in additional rounds.--In each 
        additional round of tabulation carried out under this 
        subsection--
                    ``(A) the candidate receiving the fewest number of 
                votes among all candidates (or, in the case of a State 
                which applies batch elimination under section 334, each 
                candidate in the batch elimination group) shall be 
                treated as a defeated candidate;
                    ``(B) for each ballot cast for a defeated 
                candidate, the election official shall determine the 
                highest-ranked candidate on the ballot who is a 
                continuing candidate; and
                    ``(C) the vote cast on the ballot shall be 
                transferred to, and added to the total number of votes 
                received by, the highest-ranked continuing candidate 
                determined under subparagraph (B).

``SEC. 333. EXCLUSION OF INACTIVE BALLOTS.

    ``In any round of tabulation of ballots under this part, including 
the initial tabulation of ballots, a vote shall not be counted for any 
candidate if it is cast on an inactive ballot.

``SEC. 334. USE OF BATCH ELIMINATION.

    ``(a) Batch Elimination Described.--At the option of the State, 
with respect to any candidate elimination round carried out under this 
subsection, a State may use batch elimination to treat multiple 
candidates as defeated candidates for purposes of the additional rounds 
of tabulation described in section 331(b)(2) or section 332(b)(2). A 
continuing candidate is in the elimination batch if it is 
mathematically impossible for that candidate to be a winning candidate 
in the election for any of the following reasons:
            ``(1) The candidate's vote total in the initial tabulation 
        of ballots plus all of the votes that could possibly be 
        transferred to the candidate in the additional rounds of 
        tabulation would not be enough to equal or surpass the 
        continuing candidate with the next highest vote total in the 
        initial tabulation of ballots.
            ``(2) The candidate has a lower current vote total than a 
        continuing candidate described in paragraph (1).
    ``(b) Special Rule for Nonpartisan Blanket Primary Elections.--In 
the case of a nonpartisan blanket primary election for which tabulation 
is carried out in accordance with section 332, a candidate may not be 
in the elimination batch if the candidate's vote total is one of the 
top ___ vote totals among all continuing candidates, with the blank 
space filled in with the required number of winning candidates with 
respect to the election, as provided under the law of the State 
involved.

``SEC. 335. TREATMENT OF TIES BETWEEN CANDIDATES.

    ``If a tie occurs between candidates with the greatest number of 
votes or the fewest number of votes at any point in the tabulation of 
ballots under this part and the tabulation cannot proceed until the tie 
is resolved, the tie shall be resolved in accordance with State law.

``SEC. 336. DETERMINATION OF VOTES CAST FOR CANDIDATES OF POLITICAL 
              PARTIES FOR PURPOSES OF ACCESS TO BALLOT IN FEDERAL 
              ELECTIONS.

    ``To the extent that a State takes into account the number of votes 
cast in an election for candidates of a political party in determining 
the right of candidates of the party to appear on the ballot in 
subsequent elections for Federal office in the State, the State shall 
determine the number of votes cast for a candidate solely on the basis 
of the initial tabulation of ballots in the election, and shall not 
take into account any additional round of tabulation under section 
331(b) or section 332(b).

     ``PART 3--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING

``SEC. 341. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.

    ``(a) Payments.--Not later than June 1, 2021, the Commission shall 
make a payment to the State in an amount equal to--
            ``(1) in the case of the District of Columbia, the 
        Commonwealth of Puerto Rico, American Samoa, Guam, the United 
        States Virgin Islands, and the Commonwealth of the Northern 
        Mariana Islands, $1,000,000; or
            ``(2) in the case of any other State, the sum of $750,000 
        and the product of--
                    ``(A) the number of Representatives to which the 
                State is entitled under the reapportionment of 
                Representatives resulting from the regular decennial 
                census conducted during 2020; and
                    ``(B) $250,000.
    ``(b) Use of Funds.--A State shall use the payment made under 
subsection (a) to implement ranked choice voting under this subtitle, 
including educating voters about ranked choice voting, and to otherwise 
carry out elections for Federal office in the State.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

                         ``PART 4--DEFINITIONS

``SEC. 351. DEFINITIONS.

    ``In this subtitle, the following definitions apply:
            ``(1) The term `continuing candidate' means, with respect 
        to an additional round of tabulation conducted under section 
        331(b) or section 332(b), a candidate who is neither a winning 
        candidate nor a candidate who is treated as a defeated 
        candidate under such section during the tabulation of ballots 
        under such section.
            ``(2) The term `inactive ballot' means, with respect to a 
        round of tabulation under section 331 or section 332--
                    ``(A) a ballot on which the voter does not rank any 
                of the continuing candidates in order of preference;
                    ``(B) a ballot on which the voter ranked more than 
                one continuing candidate at the highest order of 
                preference; or
                    ``(C) a ballot on which the voter skips two or more 
                consecutive numerical rankings prior to the ranking for 
                the continuing candidate at the highest order of 
                preference.
            ``(3) The term `nonpartisan blanket primary election' means 
        a single, open primary election for the office of Senator or 
        the office of Representative in Congress in which all 
        candidates for the office are listed on the same primary 
        election ballot, regardless of political party affiliation.
            ``(4) The term `winning candidate' means a candidate who 
        was elected to office (or, in the case of a primary election, 
        who advanced to the general election for such office as 
        provided under the law of the State involved) under the 
        tabulation process applicable to the election under part 2 at 
        any time during the tabulation of ballots.''.
    (b) Conforming Amendment Relating to Applicability of Enforcement 
Provisions.--Section 401 of such Act (52 U.S.C. 21111) is amended by 
striking ``sections 301, 302, and 303'' and inserting ``title III''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the item relating to title III the 
following:

                   ``Subtitle C--Ranked Choice Voting

 ``Part 1--Requiring Ranked Choice Voting for Election of Senators and 
                            Representatives

``Sec. 321. Requiring ranked choice voting for election of Senators and 
                            Representatives.
``Sec. 322. Prohibiting additional runoff elections.
``Sec. 323. Treatment of primary elections.
``Sec. 324. Application to District of Columbia and Territories.
                      ``Part 2--Tabulation Process

``Sec. 331. Tabulation process.
``Sec. 332. Special rules for nonpartisan blanket primary elections.
``Sec. 333. Exclusion of inactive ballots.
``Sec. 334. Use of batch elimination.
``Sec. 335. Treatment of ties between candidates.
``Sec. 336. Determination of votes cast for candidates of political 
                            parties for purposes of access to ballot in 
                            Federal elections.
     ``Part 3--Payments to States To Implement Ranked Choice Voting

``Sec. 341. Payments to States to implement ranked choice voting.
                         ``Part 4--Definitions

``Sec. 351. Definitions.''.

SEC. 3. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

    Nothing in this Act or in any amendment made by this Act may be 
construed to affect the manner in which a State carries out elections 
for State or local office.

SEC. 4. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
the application of a provision of this Act or an amendment made by this 
Act to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provisions to any 
person or circumstance, shall not be affected by the holding.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to elections for Federal office held on or after January 1, 
2022.
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