[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5048 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 5048

   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 SENATE OF THE UNITED STATES

                           September 12, 2024

   Mr. Welch introduced the following bill; which was read twice and 
         referred to the Committee on Rules and 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 Senators and 
Representatives in Congress because the authority granted to Congress 
under section 4 of article I 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 ranked choice voting, a system under which each voter may rank 
the candidates for the office in the order of the voter's preference, 
and ballots are tabulated, in accordance with this title.
    ``(b) Ballot Design.--
            ``(1) In general.--Each State shall ensure that the ballot 
        used in a ranked choice voting election under this subtitle 
        meets each of the following requirements:
                    ``(A) The ballot shall allow voters to rank 
                candidates in order of choice.
                    ``(B) The number of candidates whom a voter may 
                rank in the election, as determined under paragraph 
                (2), shall be uniform for all voters in the election 
                within the State.
                    ``(C) 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.
                    ``(D) The ballot shall include such instructions as 
                necessary to accurately inform the voter how to 
                properly rank candidates and successfully cast the 
                ballot under the system.
            ``(2) Determination of number of candidates voter may 
        rank.--The ballot shall permit voters to rank at least five 
        candidates or the number of candidates in the election, 
        including write-in candidates (to the extent permitted under 
        State law), whichever is fewer.

``SEC. 322. PROHIBITING ADDITIONAL RUNOFF ELECTIONS.

    ``(a) Primary Elections.--No State may hold a separate 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 separate 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 separate runoff 
special election for the office of Senator or the office of 
Representative in Congress after the date established 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.
    ``(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.

    ``Except as provided in section 332, tabulation shall proceed in 
the following manner:
            ``(1) Process for tabulation.--Each ballot cast in the 
        election shall count as one vote for the highest-ranked active 
        candidate on the ballot. Tabulation shall proceed in rounds as 
        described in paragraphs (2) and (3).
            ``(2) Elimination of candidates during tabulation.--If 
        there are more than 2 active candidates in a round of 
        tabulation, the active candidate with the fewest votes is 
        eliminated, each vote cast on a ballot for the eliminated 
        candidate shall be counted for the next-ranked active candidate 
        on the ballot, and a new round shall begin.
            ``(3) Completion of tabulation; election of candidate.--
        When there are two or fewer active candidates--
                    ``(A) tabulation is complete; and
                    ``(B) the candidate receiving the greatest number 
                of votes shall be elected to the office of Senator or 
                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).
            ``(4) Treatment of certain ballots.--
                    ``(A) Treatment of undervotes.--
                            ``(i) In general.--A ballot which is an 
                        undervote shall not be counted in any round of 
                        tabulation of ballots in an election under this 
                        section.
                            ``(ii) Undervote defined.--For purposes of 
                        this subparagraph, an `undervote' is a ballot 
                        for which the voter does not rank any of the 
                        candidates in the election.
                    ``(B) Treatment of inactive ballots.--
                            ``(i) In general.--A ballot which becomes 
                        an inactive ballot shall no longer count for 
                        any candidate for the remainder of the 
                        tabulation of ballots in an election under this 
                        section after the ballot becomes inactive.
                            ``(ii) Inactive ballot defined.--For 
                        purposes of this paragraph, an `inactive 
                        ballot' is a ballot on which--
                                    ``(I) all of the ranked candidates 
                                on the ballot have become inactive; or
                                    ``(II) the voter ranks more than 
                                one candidate at the same ranking and 
                                all candidates at a higher ranking have 
                                become inactive.
                    ``(C) Treatment of skipped or repeated rankings.--
                            ``(i) In general.--A ballot which includes 
                        any skipped or repeated ranking shall remain 
                        active and continue to be counted for the 
                        highest ranked active candidate in an election 
                        under this section.
                            ``(ii) Skipped and repeated rankings 
                        defined.--For purposes of this paragraph--
                                    ``(I) a `skipped ranking' is a 
                                ranking a voter does not assign to any 
                                candidate while assigning a subsequent 
                                ranking to a candidate; and
                                    ``(II) a `repeated ranking' is a 
                                ranking for which the voter has 
                                assigned the same candidate that the 
                                voter assigned to another ranking.

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

    ``In the case of a nonpartisan blanket primary election, tabulation 
shall proceed in the following manner:
            ``(1) Process for tabulation.--In the case of a nonpartisan 
        primary election--
                    ``(A) each ballot cast in the election shall count 
                as one vote for the highest ranked active candidate on 
                that ballot; and
                    ``(B) tabulation shall proceed in rounds as 
                described in paragraphs (2) and (3).
            ``(2) Elimination of candidates during tabulation.--If the 
        number of active candidates is greater than the number of 
        candidates to be advanced to the general election, as provided 
        under the law of the State involved, the active candidate with 
        the fewest votes is eliminated, and votes for the eliminated 
        candidate are counted for each ballot's next-ranked active 
        candidate.
            ``(3) Completion of tabulation; advancing of candidates.--
        When the total number of active candidates is equal to or less 
        than the number of candidates to be advanced to the general 
        election, as provided under the law of the State involved--
                    ``(A) tabulation is complete; and
                    ``(B) all active candidates shall advance to the 
                general election for such office.

``SEC. 333. TREATMENT OF TIES BETWEEN CANDIDATES.

    ``(a) Resolution by Lot.--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 by lot or 
by such other method as may be provided under State law, provided that 
any tie between candidates with the fewest number of votes shall be 
resolved on the same day as tabulation.
    ``(b) Resolution Prior to Tabulation.--Prior to tabulation, the 
chief election official of the State may resolve prospective ties 
between candidates by lot or according to the method provided under 
State law, as described in subsection (a).
    ``(c) Use During Recount.--The result of the resolution of any tie 
shall be recorded and reused for purposes of any recount under State 
law.

``SEC. 334. 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 on the basis of 
whichever round of tabulation of ballots in the election under section 
331 or section 332 contained the highest number of votes for that 
candidate.

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

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

    ``(a) Payments Described.--
            ``(1) Payments.--Not later than June 1, 2025, the 
        Commission shall make a payment to each State in the amount 
        determined with respect to the State under paragraph (2).
            ``(2) Amount determined on basis of number of registered 
        voters.--
                    ``(A) In general.--The amount determined under this 
                paragraph is the product of--
                            ``(i) the number of individuals registered 
                        to vote in elections for Federal office in the 
                        State, based on the most recently available 
                        information on voter registration in the State, 
                        as provided to the Commission by the State; and
                            ``(ii) the per capita amount established by 
                        the Commission under subparagraph (B).
                    ``(B) Per capita amount.--For purposes of this 
                paragraph, the Commission shall establish a separate, 
                appropriate per capita payment amount for each State 
                that may be not less than $4 and not more than $8, 
                taking into account any reasonable demonstrated or 
                estimated costs associated with the use of ranked 
                choice voting, including costs related to--
                            ``(i) voting equipment updates;
                            ``(ii) election software updates or 
                        licenses;
                            ``(iii) voting system programming;
                            ``(iv) ballot design and printing;
                            ``(v) election official and poll worker 
                        training;
                            ``(vi) processing, canvassing, 
                        centralization, and tabulation;
                            ``(vii) reporting and displaying 
                        preliminary and final election results;
                            ``(viii) post-election audits and recounts; 
                        and
                            ``(ix) voter information, education, and 
                        engagement.
    ``(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.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

                      ``PART 4--CIVIL ENFORCEMENT

``SEC. 351. CIVIL ENFORCEMENT.

    ``(a) Civil Enforcement.--
            ``(1) Actions by attorney general.--The Attorney General 
        may bring a civil action for such relief as may be appropriate 
        to carry out this subtitle.
            ``(2) Availability of private right of action.--
                    ``(A) In general.--Any person residing or domiciled 
                in a State who is aggrieved by the failure of the State 
                to meet the requirements of this subtitle may bring a 
                civil action in the United States district court for 
                the applicable venue for such relief as may be 
                appropriate to remedy the failure.
                    ``(B) No awarding of damages to prevailing party.--
                Except for an award of attorney's fees under subsection 
                (d), a court in a civil action under this subtitle 
                shall not award the prevailing party any monetary 
                damages, compensatory, punitive, or otherwise.
            ``(3) Delivery of complaint to house and senate.--In any 
        action brought under this subtitle, a copy of the complaint 
        shall be delivered promptly to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            ``(4) Exclusive jurisdiction and applicable venue.--The 
        district courts of the United States shall have exclusive 
        jurisdiction to hear and determine claims arising under this 
        subtitle. The applicable venue for such an action shall be the 
        United States District Court for the District of Columbia or 
        the judicial district in which the capital of the State is 
        located, as selected by the person bringing the action. In a 
        civil action that includes a claim under this subtitle, with 
        respect to an election for the office of Senator or the office 
        of Representative in Congress held in a State, the United 
        States District Court for the District of Columbia shall have 
        jurisdiction over any defendant who has been served in any 
        United States judicial district in which the defendant resides, 
        is found, or has an agent, or in the United States judicial 
        district in which the capital of the State is located. Process 
        may be served in any United States judicial district where a 
        defendant resides, is found, or has an agent, or in the United 
        States judicial district in which the capital of the State is 
        located.
            ``(5) Use of 3-judge court.--Any action arising under this 
        subtitle shall be heard by a 3-judge district court convened 
        pursuant to section 2284 of title 28, United States Code.
            ``(6) Review of final decision.--A final decision in an 
        action brought under this section shall be reviewable on appeal 
        by the United States Court of Appeals for the District of 
        Columbia Circuit, which shall hear the matter sitting en banc. 
        There shall be no right of appeal in such proceedings to any 
        other court of appeals. Such appeal shall be taken by the 
        filing of a notice of appeal within 10 days of the entry of the 
        final decision. A final decision by the Court of Appeals may be 
        reviewed by the Supreme Court of the United States by writ of 
        certiorari.
    ``(b) Expedited Consideration.--In any action brought under this 
section, it shall be the duty of the district court, the United States 
Court of Appeals for the District of Columbia Circuit, and the Supreme 
Court of the United States (if it chooses to hear the action) to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of the action and appeal.
    ``(c) Special Rule in Case Final Adjudication Not Expected Within 3 
Months of Election.--
            ``(1) Duty of court.--If final adjudication of an action 
        under this subtitle is not reasonably expected to be completed 
        at least 3 months prior to the next regularly scheduled primary 
        election for the office of Senator or the office of 
        Representative in Congress in the State, the district court 
        shall order adjustments to the timing of the primary election 
        and other related deadlines, as needed, to allow sufficient 
        opportunity for adjudication of the matter in time for the next 
        regularly scheduled general election for such office in the 
        State.
            ``(2) Prohibiting failure to act on grounds of pendency of 
        election.--The court may not refuse to take any action 
        described in paragraph (1) on the grounds of the pendency of 
        the next election held in the State or the potential for 
        disruption, confusion, or additional burdens with respect to 
        the administration of the election in the State.
    ``(d) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.
    ``(e) Relation to Other Laws.--
            ``(1) Rights and remedies additional to other rights and 
        remedies.--The rights and remedies established by this section 
        are in addition to all other rights and remedies provided by 
        law, and neither the rights and remedies established by this 
        section nor any other provision of this title shall supersede, 
        restrict, or limit the application of the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.).
            ``(2) Voting rights act of 1965.--Nothing in this title 
        authorizes or requires conduct that is prohibited by the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.).
    ``(f) Legislative Privilege.--No person, legislature, or State may 
claim legislative privilege under either State or Federal law in a 
civil action brought under this section or in any other legal 
challenge, under either State or Federal law, to laws and procedures 
enacted under this subtitle.
    ``(g) Removal.--
            ``(1) In general.--At any time, a civil action brought in a 
        State court which asserts a claim for which the district courts 
        of the United States have exclusive jurisdiction under this 
        subtitle may be removed by any party in the case, including an 
        intervenor, by filing, in the district court for an applicable 
        venue under this section, a notice of removal signed pursuant 
        to Rule 11 of the Federal Rules of Civil Procedure containing a 
        short and plain statement of the grounds for removal. Consent 
        of parties shall not be required for removal.
            ``(2) Claims not within the original or supplemental 
        jurisdiction.--If a civil action removed in accordance with 
        paragraph (1) contains claims not within the original or 
        supplemental jurisdiction of the district court, the district 
        court shall sever all such claims and remand them to the State 
        court from which the action was removed.

                         ``PART 5--DEFINITIONS

``SEC. 361. DEFINITIONS.

    ``In this subtitle, the following definitions apply:
            ``(1) Active candidate.--The term `active candidate' means, 
        with respect to any round of tabulation under this subtitle, a 
        candidate who has not been eliminated, and who is not a 
        withdrawn candidate.
            ``(2) Highest-ranked active candidate.--The term `highest-
        ranked active candidate' means the active candidate assigned to 
        a higher ranking than any other active candidate.
            ``(3) Nonpartisan blanket primary election.--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) Ranking.--The term `ranking' means the number 
        available to be assigned by a voter to a candidate to express 
        the voter's choice for that candidate, with `1' as the highest 
        ranking and each succeeding positive number as the next highest 
        ranking.
            ``(5) Withdrawn candidate.--The term `withdrawn candidate' 
        means a candidate who, prior to the date of the election, files 
        or has an authorized designee file a signed letter of 
        withdrawal from the election, in accordance with such rules as 
        the chief election official of the State may establish.''.
    (b) Conforming Amendment Relating to Applicability of Enforcement 
Provisions.--Section 401 of the Help America Vote Act of 2002 (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. Treatment of ties between candidates.
``Sec. 334. 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--Civil Enforcement

``Sec. 351. Civil enforcement.
                         ``PART 5--Definitions

``Sec. 361. 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, 
2027.
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