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Each agency designated as a participating agency under the provisions of this section shall implement and administer a program of distribution of voter registration forms pursuant to the provisions of this section. The following offices are hereby designated as participating voter registration agencies: The administration for children's services, the business integrity commission, the city clerk, the civilian complaint review board, the commission on human rights, community boards, the department of small business services, the department for the aging, the department of citywide administrative services, the department of city planning, the department of consumer and worker protection, the department of correction, the department of cultural affairs, the department of environmental protection, the department of finance, the department of health and mental hygiene, the department of homeless services, the department of housing preservation and development, the department of parks and recreation, the department of probation, the department of records and information services, the taxi and limousine commission, the department of transportation, the department of youth and community development, the fire department, and the human resources administration. Participating agencies shall include a mandate in all new or renewed agreements with those subcontractors having regular contact with the public in the daily administration of their business to follow the guidelines of this section. Such participating agencies shall be required to offer voter registration forms to all persons together with written applications for services, renewal or recertification for services and change of address relating to such services, in the same language as such application, renewal, recertification or change of address form where practicable; provided however that this section shall not apply to services that must be provided to prevent actual or potential danger to the life, health, or safety of any individual or of the public. Such agencies shall provide assistance to applicants in completing voter registration forms, including the section of the form allowing for registration to become an organ donor, and in cases in which such an agency would provide assistance with its own form, such agency shall provide the same degree of assistance with regard to the voter registration and organ donor forms as is provided with regard to the completion of its own form, if so requested. As part of such assistance, such agencies shall also, upon request by an applicant who identifies himself or herself as being on parole and when practically feasible, check publicly available information to inform such applicant if a restoration of their right to vote has been granted, provided that such assistance may be provided by a person other than the person to whom the request was made and further provided that such assistance shall not be considered an endorsement of the accuracy of any publicly available information not maintained by the city. Such agencies shall also receive and transmit the completed application form from any applicants who request to have such form transmitted to the board of elections for the city of New York.
1. Participating agencies shall adopt such rules and regulations as may be necessary to implement this section. The campaign finance board shall prepare and distribute to participating agencies written advisory agency guidelines as to the implementation of this section and may establish training programs for employees of participating agencies; provided that any guidelines promulgated by the voter assistance commission prior to the effective date of this clause shall remain in effect unless further amended or repealed by the board. Participating agencies may consider such advisory agency guidelines in the promulgation of their rules and regulations.
2. Participating agencies shall provide and distribute voter registration forms to all persons together with written applications for services, renewal or recertification for services and change of address relating to such services, in the same language as such application, renewal, recertification or change of address form where practicable; provided however that this section shall not apply to services that must be provided to prevent actual or potential danger to life, health or safety of any individual or of the public. Participating agency staff shall provide assistance in completing these distributed voter registration forms, including the section of the form allowing for registration to become an organ donor, and in cases in which such an agency would provide assistance with its own form, such agency shall provide the same degree of assistance with regard to the voter registration and organ donor forms as is provided with regard to the completion of its own form, if so requested. Participating agencies shall also include a voter registration form with any agency communication sent through the United States mail for the purpose of supplying clients with application, renewal or recertification for services and change of address relating to such services materials. Participating agencies shall also incorporate an opportunity to request a voter registration application into any application for services, renewal or recertification for services and change of address relating to such services provided on computer terminals, the World Wide Web or the Internet. Any person indicating that they wish to be sent a voter registration form, via computer terminals, the World Wide Web or the Internet shall be provided with a link to the website and mobile application required pursuant to section 1057-f and, at the person's discretion, sent such a form by the participating agency, or directed to a bank on that system where such a form may be downloaded. Each participating agency shall also maintain on its website at least one link to the website and mobile application required pursuant to section 1057-f.
3. Participating agencies shall also:
a. by December 1, 2015, or at the next regularly scheduled printing of their forms, whichever is earlier, physically incorporate the voter registration forms with their own application forms in a manner that permits the voter registration portion to be detached therefrom. Until such time when the agency amends its form, each agency should affix or include a postage paid board of elections for the city of New York voter registration form to or with its application, renewal, recertification and change of address forms;
b. use voter registration forms that contain a code assigned by the board of elections of the city of New York which designate such forms as originating from participating agencies; and
c. transmit any completed forms collected by such agency to the board of elections of the city of New York within two weeks of the receipt of such completed forms at the participating agency. If a completed form is collected within five days before the last day for registration to vote in a citywide election, such completed form shall be transmitted by the participating agency to the board of elections of the city of New York not later than five days after the date of acceptance, provided, however, that notwithstanding any other provision of this section, any agency subject to the requirements of section 5-211 of the election law shall be governed only by the timeframes for transmission of such forms to the board of elections set forth in such section.
4. All persons seeking voter registration forms and information shall be advised in writing together with other written materials provided by agencies or by appropriate publicity that government services are not conditioned on being registered to vote. No statement shall be made nor any action taken by an agency employee to discourage the applicant from registering to vote or to enroll in any particular political party.
5. The completion of the voter registration form by an applicant is voluntary.
6. Employees of a participating agency who provide voter registration assistance shall not:
a. seek to influence an applicant's political preference or party designation;
b. display any political preference or party allegiance;
c. make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
d. make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.
7. Each participating agency, department, division and office that makes available voter registration forms shall prominently display promotional materials designed and approved by the board of elections for the city of New York or state board of elections for use in state agency programs.
8. Each participating agency, other than community boards and the city clerk, shall submit semi-annual reports on their implementation of this section to the mayor's office of operations. Such reports shall include the number of registration forms distributed, the number of registration forms completed at an agency office to the extent readily ascertainable, and the number of registration forms transmitted to the board of elections. Such reports shall be submitted to the mayor's office of operations by January 15 and July 15 of each year, with the first reports due by July 15, 2015. The mayor's office of operations shall compile such reports into a single report that disaggregates such data by agency, and shall deliver such compiled report to the speaker by February 15 and August 15 of each year, with the first such report due by August 15, 2015.
9. In addition to the other requirements of this section, the department of correction shall implement and administer a program of distribution and submission of early mail and absentee ballot applications, and subsequently received early mail or absentee ballots, for eligible incarcerated individuals. Such department shall offer, to all incarcerated individuals who are registered to vote, early mail and absentee ballot applications, and a means to complete them, during the period from sixty days prior to any primary, special, or general election in the city of New York until two weeks prior to any such election. Such department shall subsequently provide any early mail or absentee ballot received from the board of elections in response to any such application to the applicable incarcerated individual, as well as a means to complete it. Such department shall provide assistance to any such incarcerated individual in filling out such application or ballot upon request. Such department shall, not later than five days after receipt, transmit such completed applications and ballots from any incarcerated individual who wishes to have them transmitted to the board of elections for the city of New York. The provisions of this subdivision shall not apply in any specific instance in which the department deems it unsafe to comply therewith.
10.* The department of probation shall, in addition to the other requirements of this section for participating agencies, distribute during the intake process, to any person sentenced to probation, a written notice on the voting rights of persons sentenced to probation in the state of New York. Such written notice shall be developed in consultation with the voter assistance advisory committee.
10.* The department of correction shall, in addition to the other requirements of this section for participating agencies, distribute to every person upon release from custody of the department a written notice on the voting rights of formerly incarcerated persons in the state of New York, including information on when such persons are or may become eligible to vote, and offer to every such person a voter registration form. The department shall make verbal reference to the distributed written notice and voter registration form to such individuals upon distribution. Such notice shall only be required for those who are released from a department facility, from department custody within a courthouse, and from a department-operated area within a hospital or healthcare provider. Notice is not required for those who are released to the custody of another government agency or to the custody of a hospital or healthcare provider. Such written notice shall be developed in consultation with the voter assistance advisory committee.
* Editor's note: there are two subdivisions numbered as 10.
(Am. L.L. 2016/138, 11/16/2016, eff. 2/14/2017; Am. L.L. 2016/139, 11/16/2016, eff. 2/14/2017; Am. L.L. 2017/238, 12/16/2017, eff. 6/16/2019; Am. L.L. 2019/002, 12/29/2018, eff. 4/28/2019; Am. L.L. 2019/006, 12/29/2018, eff. 4/28/2019; Am. L.L. 2019/011, 12/29/2018, eff. 6/29/2019; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. 2023 N.Y. Laws Ch. 481, 9/20/2023, eff. 1/1/2024)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2000/029, L.L. 2003/052, L.L. 2014/063 and L.L. 2020/080.
a. The number of signatures required for any designating petition or independent nominating petition for the designation or nomination of a candidate for an elected office of the city shall be governed by applicable provisions of the New York state election law, except that in no event shall the number of signatures required exceed the following limits:
(1) for the offices of mayor, comptroller, or public advocate, three thousand seven hundred fifty signatures;
(2) for the office of borough president, two thousand signatures; and
(3) for the office of member of the city council, four hundred fifty signatures.
b. (1) The following provisions of the election law shall not apply to the extent that they govern the designation or independent nomination of mayor, comptroller, public advocate, member of the city council, and borough president: paragraphs (a), (b), and (c-1) of subdivision two of section 6-136 (designating petitions; number of signatures); and paragraphs (b), (c), and (d-1) of subdivision two of section 6-142 (independent nominations; number of signatures). Section 6-100 of the election law shall apply, except to the extent that provisions of article six of the election law are inapplicable in accordance with this section.
(2) Any other provisions that from time to time may be added to the election law and that relate to the matters covered by the provisions of the election law that are inapplicable in accordance with this section shall similarly not apply to the extent that they govern the designation or nomination of such officers.
(3) References to provisions of the election law in this section shall be deemed to refer to any successors to such provisions.
On the day of any primary, special, or general election, prior to the opening of the polls, the board of elections in the city of New York shall post a notice on or near the main entrance or entrances of each building that was used as a poll site in any primary, special, or general election in any of the prior four calendar years, but which is not being used as a poll site for the election being held on such day, unless the owner of such building objects to such notice being posted. Such notice shall only be required at former poll sites that covered one or more election districts in which an election is being held on such day. Such notice shall include, but not be limited to: (i) a statement that the building is not in use as a poll site for such election, (ii) the address or addresses of the poll site or sites that are being used for such election, accompanied by a list of the election districts being served at each such poll site; (iii) the website for the official poll site locator of the board of elections in the city of New York; and (iv) a phone number of the board of elections in the city of New York that may be called for poll site information.
(L.L. 2016/062, 6/5/2016, eff. 1/1/2017)
a. The board of elections in the city of New York shall send e-mail and text message notifications related to voting for local, state, and federal elections to registered New York city voters who provide the board with an e-mail address or mobile phone number for this purpose. The board shall provide opportunities for city residents to provide an e-mail address or mobile phone number to the board for this purpose and shall maintain a database of all such e-mail addresses and mobile phone numbers. Such e-mail and text message notifications shall be sent for primary elections, general elections and special elections for which each such voter is eligible to vote, for the following purposes and at the following times:
(1) notification of the dates and hours of such election, as well as the applicable poll site location, and any changes thereto, for such voter, sent ten business days prior to such date, and on election day;
(2) notification of the dates, hours, locations, and eligibility requirements for casting an in-person absentee ballot sent on the first day of in-person absentee voting for such election;
(3) notification of the deadline for submission of an early mail voting application or a mailed absentee voting application for such election, sent ten business days prior to such deadline; and
(4) for e-mailed notifications only, distribution to such voter of an applicable sample ballot, or a link to such sample ballot, for such election, sent within two business days of such sample ballot being posted online.
b. E-mail and text message notifications sent pursuant to this section shall include links to the board's website to access relevant forms, materials and other additional information, as determined by the board, and shall be available in the languages in which the board publishes the election notices sent to such voter by mail.
c. The board shall provide opportunities for city residents to provide an e-mail address or mobile phone number through the following means:
(1) on voter registration forms;
(2) on the board's website;
(3) by collecting e-mail addresses at events promoting voter registration, voter participation, and any other events or meetings the board deems appropriate;
(4) in all mailings to registered voters by directing recipients of such mailings to the board's website; and
(5) by any other means that the board determines would facilitate the collection of e-mail addresses of registered or prospective New York city voters.
d. The board shall provide all e-mail and text message recipients under this section the option to unsubscribe from receiving such e-mail or text message notifications or to update an e-mail address or mobile phone number previously provided to the board. The board shall not remove any e-mail address or mobile phone number from its database unless an e-mail or text message recipient unsubscribes or provides an updated e-mail address or mobile phone number, or if e-mails or text messages sent to such e-mail address or mobile phone number are not successfully transmitted for a period of one year.
e. The board shall not share, sell or otherwise disclose e-mail addresses or mobile phone numbers collected pursuant to this section, except as otherwise required by law, without acquiring advance written permission from individuals providing such information, or unless ordered by a court of law.
(L.L. 2016/064, 6/5/2016, eff. 1/1/2017; Am. 2023 N.Y. Laws Ch. 481, 9/20/2023, eff. 1/1/2024)
The board of elections in the city of New York shall provide a secure website and mobile application that shall not require the user to create an account, but shall, through methods determined by the board, require verification that the user is accessing his or her own record. The information presented in such website and mobile application shall be updated with any applicable changes no less frequently than daily. Such website and mobile application shall include, but not be limited to, the following functionality:
a. allowing any registered voter who has submitted an application for an early mail or absentee ballot, or who otherwise has a right to receive an early mail or absentee ballot, for an upcoming election pursuant to the election law to view the current status of their early mail or absentee application and early mail or absentee ballot. Such website and mobile application shall indicate for each such voter whether the board of elections in the city of New York has:
(1) received such voter's request for an early mail or absentee ballot, if applicable;
(2) approved or rejected such request, if applicable, and, if rejected, a brief statement of the reason for rejection;
(3) mailed or delivered an early mail or absentee ballot to such voter for such upcoming election, and shall include the ability for such voter to see the status of a mailed early mail or absentee ballot by United States postal service intelligent mail barcode or successor technology;
(4) received such voter's completed early mail or absentee ballot for such upcoming election; and
(5) determined that such voter's completed early mail or absentee ballot was invalid, and, if such a finding was made, a brief statement of the reason.
b. allowing the user to view his or her registration status, including but not limited to:
(1) active status, with the inclusion of the date on which the user's status became active;
(2) inactive status, with a brief explanation of what this status means and why the user is categorized as such; and
(3) purged, with a brief explanation of what this status means and why the user is categorized as such.
c. allowing any registered voter to view the party for which they are a registered member, if any.
d. allowing the user to view the federal, state, and local election districts in which such user resides.
e. informing any registered voter whether they are required to bring any form of identification to vote and, if so, which form of identification.
f. allowing the user to view which elections held over, at a minimum, the previous four calendar years for which the records of the board of elections in the city of New York indicate:
(1) that such user was registered to vote; and
(2) for such elections, whether such user voted and whether such user did not vote.
g. allowing the user to view, if applicable, the address at which the user was previously registered to vote.
h. through such communication methods as determined by the board of elections in the city of New York, providing any registered voter with the option to receive alerts including, but not limited to, a change in their registration status.
i. allowing the user to access existing online resources including, but not limited to, resources allowing such user to:
(1) register to vote;
(2) update registration information;
(3) view sample ballots;
(4) look up polling place locations;
(5) look up voting hours;
(6) sign up as a poll worker; and
(7) view the voter guide.
(L.L. 2016/065, 6/5/2016, eff. 1/1/2017; Am. 2023 N.Y. Laws Ch. 481, 9/20/2023, eff. 1/1/2024)
a. The campaign finance board shall provide a secure website and mobile application that allows any individual qualified to vote in the city of New York to confidentially submit to such board through such website and mobile application the information collected on a voter registration application form pursuant to section 5-210 of the election law for the purpose of registering to vote or updating such individual's voter registration. Such website and mobile application shall allow such individual to electronically provide a signature of a quality and likeness comparable to a signature written with ink, consistent with subdivision c of this section. The website and mobile application shall also allow such individual to view the notices contained on or accompanying a printed voter registration application form. Upon receipt of such information and signature, the campaign finance board shall print such information onto a voter registration application form, electronically-affix such signature, and transmit such printed application to the New York city board of elections, consistent with section 5-210 of the election law, or transmit such information and signature though any other method consistent with section 5-210 of the election law.
b. Such website and mobile application shall also conspicuously set forth information concerning the timeframes and deadlines for applying to register to vote or updating registration, to assist such individual in ascertaining whether the registration or update will take effect for the next election. Such website and mobile application shall also conspicuously set forth information concerning how a voter may confirm their registration information.
c. The website and mobile application provided pursuant to this section shall permit the submission of an individual's signature through one or more methods determined by the campaign finance board to result in a signature of a quality and likeness comparable to a signature written with ink. Methods to be considered by the campaign finance board shall include, but not be limited to: (i) the uploading of an electronic file; and (ii) direct input through a touch or stylus interface. In addition to any other method or methods utilized pursuant to this subdivision, the campaign finance board may, with the consent of an individual, utilize a signature previously provided by such individual to an agency or pursuant to the New York city identity card program, established by section 3-115 of the administrative code, if such board determines that such signature otherwise meets the requirements of this section and may be used consistent with the applicable law governing the program for which the signature was provided.
d. To the extent practicable and consistent with the privacy of users, data security and applicable law, the campaign finance board shall make available to the public a web application program interface that permits programs approved by such board to directly transmit voter registration application form information to such board in a manner equivalent to the submission authorized by subdivision a of this section.
e. The campaign finance board shall transmit voter registration application forms completed pursuant to this section to the New York city board of elections within two weeks of receipt of complete information, including a signature provided in accordance with subdivision c, provided that if such information is received within two weeks before the last day for registration to vote in a citywide election, such completed forms shall be transmitted as soon as is practicable to the New York city board of elections and if such information is received within five days before the last day for registration to vote in a citywide election, such completed forms shall be transmitted to the New York city board of elections not later than five days after the date of acceptance.
f. In implementing the provisions of this section, the campaign finance board may receive advice and assistance from the voter assistance advisory committee and the coordinator of voter assistance. In addition, in implementing such provisions, such board may, with the consent of the mayor, receive advice and assistance from and delegate any powers and duties set forth in this section to any office of the mayor or agency the head of which is appointed by the mayor.
(L.L. 2017/238, 12/16/2017, eff. 6/16/2019)
a. For the purposes of this section, the following terms have the following meanings:
Batch elimination. The term "batch elimination" means the simultaneous elimination of multiple candidates whose election is mathematically impossible.
Continuing ballot. The term "continuing ballot" means a ballot that is not an exhausted ballot.
Continuing candidate. The term "continuing candidate" means any candidate who has not been eliminated.
Election is mathematically impossible. The term "election is mathematically impossible" applies to a candidate who cannot be elected because such candidate's vote total in a round, plus all votes that could possibly be transferred to such candidate in future rounds from candidates who received a fewer or an equal number of votes, would not be enough to surpass that of the candidate with the next highest vote total in such round.
Exhausted ballot. The term "exhausted ballot" means a ballot in which all ranked candidates have been eliminated, or a ballot that assigns equal rank to two or more candidates and all candidates with higher ranks than the rank assigned to two or more candidates are eliminated.
Highest rank. The term "highest rank" refers to the highest rank whether that be rank number 1, rank number 2, rank number 3, rank number 4, or rank number 5.
Last place candidate. The term "last place candidate" means a continuing candidate with the fewest votes in a round.
Rank. The term "rank" means the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Rank number 1 is the highest ranking, rank number 2 is the next highest ranking, and so on.
Ranked choice election. The term "ranked choice election" means any primary election for a ranked choice office, and any election for a ranked choice office in which all candidates are nominated by independent nominating petition.
Ranked choice office. The term "ranked choice office" means the offices of mayor, public advocate, comptroller, borough president, and council member.
Ranked choice voting. The term "ranked choice voting" means the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in rounds in which last place candidates are eliminated, and the candidate with the most votes in the final round is elected.
b. The provisions of this section shall apply to ranked choice elections. No run-off election shall be held for any ranked choice office.
c. Ranked choice elections shall be governed by applicable provisions of the election law, except that the following provisions of the election law, as amended from time to time, and any successor provisions, shall apply as modified herein. References to the sections modified herein shall be deemed to refer to such sections as they are so modified when and to the extent that they apply to ranked choice elections. References to provisions of the election law in this section shall be deemed to refer to any successor provisions. Provisions of the election law not specified in this subdivision here shall apply to ranked choice elections, provided however that such provisions shall not be construed to prevent or impede the application of this section.
1. Sections 6-150 and 6-152 shall apply to ranked choice elections, except that where such sections refer to a candidate's receipt of a plurality of votes cast, such sections shall be deemed to refer instead to a candidate's election, or nomination, respectively, pursuant to this section.
2. Section 6-162 shall not apply to ranked choice elections.
3. Either subparagraph (a) or (b) shall apply depending on the conditions described in each such subparagraph.
(a) In the event that A. 2682-A / S. 2300-A from the 2019-2020 New York state legislative session that would enact the voter friendly ballot act does not become law, paragraph (c) of subdivision 3 of section 7-104; subdivisions 5 and 8 of section 7-106; paragraph (c) of subdivision 2 of section 7-114; and paragraph (d) of subdivision 1, and paragraph (c) of subdivision 2 of section 7-122 are superseded with respect to ranked choice elections, and ballots to which these provisions would otherwise apply shall be designed pursuant to subdivision d of this section.
(b) In the event A. 2682-A / S. 2300-A from the 2019-2020 New York state legislative session that would enact the voter friendly ballot act becomes law, thus amending the election law, paragraph (d) of subdivision 3, and subdivisions 13, 17 and 20 of section 7-104; and paragraph (b) of subdivision 1 of section 7-122 are superseded with respect to ranked choice elections, and ballots to which these provisions would otherwise apply shall be designed pursuant to subdivision d of this section.
4. Paragraph b of subdivision 1 of section 8-100 shall not apply to ranked choice elections.
5. Section 9-100 shall apply to ranked choice elections, except that the requirement that canvass be completed shall be deemed to be a canvass completed under Article 9 of the Election Law as modified by this section.
6. Section 9-102 shall apply to ranked choice elections, except that the requirement that ballots be hand counted pursuant to subdivisions 1 or 1-a, as applicable, 2, and 3 of such section is superseded to the extent that it is not required pursuant to the rules promulgated by the board of elections in the city of New York pursuant to subdivision g of this section of the charter; and except that with respect to reading, announcing, or making a proclamation of results, and with respect to the hand tallying of votes, such requirements shall be deemed to mean reading, announcing, or proclaiming the results of the tally of the number of ballots that marked each candidate as rank number 1 for that ranked choice office; and except that reference to "total of the votes cast" on portable memory devices shall mean the record of how each ballot ranked each candidate for a ranked choice office in a ranked choice election.
7. Subdivision 2 of section 9-110 is superseded with respect to ranked choice elections, and ballots to which it would otherwise apply shall be hand counted in accordance with the rules promulgated by the board of elections in the city of New York pursuant to subdivision g of this section of the charter.
8. Section 9-112 shall apply to ranked choice elections, except that references to votes for candidates or other persons shall be deemed to be references to a vote, or the counting of a vote, in a round of tabulation pursuant to this section of the charter if the applicable election is a ranked choice election; and except that subdivisions 4 and 6 of section 9-112 are superseded to the extent that voters are permitted to rank multiple candidates as provided by this section of the charter.
9. Section 9-114 shall apply to ranked choice elections, except that, to the extent a ballot subject to an objection has been counted under such section, the memorandum of the ruling shall indicate "Counted for (naming the candidate who is ranked as the highest rank on such ballot)."
10. Section 9-116 shall apply to ranked choice elections, except that, with respect to tallying and the total number of votes for a ranked choice office, the requirements of section 9-116 shall be deemed to refer to the number of ballots that marked each candidate as rank number 1 for that ranked choice office.
11. Section 9-120 shall apply to ranked choice elections, except that references to the number of votes for candidates shall be deemed in ranked choice elections to be references to the total number of ballots that marked a candidate in such an election as rank number 1 for that ranked choice office.
12. Section 9-122 shall apply to ranked choice elections, except that references to the number of votes or party votes for candidates shall be deemed in ranked choice elections to be references to the total number of ballots that marked each such candidate as rank number 1 for that ranked choice office.
13. Section 9-126 shall apply to ranked choice elections, except that the reference in paragraph (a) of subdivision 2 to the number of votes received by each person voted for shall be deemed in ranked choice elections to be a reference to the total number of ballots that marked each such person as rank number 1 for that ranked choice office; and except that, for ranked choice elections, the tabulation of results as they are received pursuant to paragraph (b) of subdivision 2 shall be deemed to refer to either, as determined by the board of elections of the city of New York pursuant to paragraph 1 of subdivision f of this section of the charter, (i) a tabulation of the number of ballots assigning rank number 1 for each candidate for each ranked choice office, or (ii) the number of votes cast for each such candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter.
14. Section 9-200 shall apply to ranked choice elections, except that the tabulated statements referred to in subdivision 1 of section 9-200 shall be deemed to mean, for ranked choice elections, the number of votes cast for all candidates for a ranked choice office as tabulated pursuant to this section of the charter, and the results for each round of such tabulation for such office; and except that the nominee of his or her party for a ranked choice office shall be determined in accordance with this section of the charter.
15. Section 9-202 shall apply to ranked choice elections, except that the tabulated statements referred to in section 9-202 shall be deemed to mean, for ranked choice offices, the number of votes cast for all candidates for a ranked choice office as tabulated pursuant to this section of the charter, the number of votes cast for each such candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter; and except that the nominee of his or her party for a ranked choice office shall be determined in accordance with this section of the charter.
16. Section 9-206 shall apply to ranked choice elections, except that votes cast for all candidates for a ranked choice office shall be tabulated pursuant to this section of the charter.
17. Subdivision 3 of section 9-208 shall apply to ranked choice elections, except that the reference to the "number of votes recorded on the tabulated results tape" shall, with respect to ranked choice offices, be deemed to be a reference to the total number of ballots recorded on the tabulated results tape.
18. Section 9-209 shall apply to ranked choice elections, except that subparagraph (ii) of paragraph (c) of subdivision 2 of section 9-209 shall be deemed to refer to manual counting subject to this section of the charter, and the provisions of the election law as superseded or modified herein where not inconsistent with the provisions of this section of the charter; and except that, for ranked choice elections, the requirement in subdivision (e) that ballots be tallied, and that such tally be added to a previous tally, and that the result be announced, are superseded and inapplicable, but that such ballots in ranked choice elections be included in the tabulation undertaken pursuant to sections 9-200, 9-210 and 9-212 as applicable, as superseded or modified herein.
19. Section 9-210 shall apply to ranked choice elections, except that for ranked choice elections the requirement that a statement set forth the number of votes cast for each candidate shall be deemed to require that the statement set forth the number of votes cast for each candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter; and except that for ranked choice elections an electronic record of how each ballot ranked each candidate for a ranked choice office from which such statements were made, including, to the extent practicable, such information broken down by election district, instead of any tabulation sheets showing the vote by election districts, shall be filed in the office of the board of elections in the city of New York.
20. Section 9-212 shall apply to ranked choice elections, except that each person elected to a ranked choice office in a ranked choice election shall be determined in accordance with this section of the charter.
d. The board of elections in the city of New York shall determine the design of the ballot and content of ballot instructions for ranked choice elections, subject to the requirements of this subdivision and any election law requirements not superseded under this section, in furtherance of the purposes of this section. For all ranked choice elections, the following requirements for all ballots, including ballots for absentee voters and ballots for military voters, shall apply:
1. All candidates in a ranked choice election shall be listed on the ballot. The ballot shall permit a voter to rank five candidates, inclusive of any write-in candidate permitted by law, in order of preference for a ranked choice office, unless there are fewer than five candidates on the ballot for such office, in which case the ballot shall permit a voter to rank the total number of such candidates for such office inclusive of any write-in candidate permitted by law.
2. The sections of the ballot containing ranked choice elections shall be organized in the form of a grid, with dimensions and spacing sufficient to facilitate a ranked choice election pursuant to the requirements set forth in this subdivision. The title of the office shall be arranged horizontally in a row at the top of such grid, with columns underneath. The leftmost column shall contain the names of the candidates for such office and the slot or device for write-in candidates for such office, arranged vertically. For any election for a ranked choice office in which all candidates are nominated by independent nominating petition, the names selected for the independent bodies making the nomination of the candidates shall be included on the ballot in accordance with the election law. The subsequent columns shall contain ovals or squares, with one oval or square per each column and row. Each column containing ovals or squares shall be labeled with a consecutive numeral, starting from "1" and going up to a maximum of "5", representing the ranking for that column. The word "choice" shall appear once above the set of ranking columns.
3. (a) The ballot shall, in plain language, set forth instructions that indicate how to mark a ballot so as to be read by the voting equipment used to tabulate results or manually, as applicable, and how to rank candidates in order of the voter's preference, and any other information deemed necessary by the board of elections in the city of New York. Such instructions shall be presented above or next to the first ranked choice election on such ballot. The board shall also provide line drawing illustrations to supplement such instructions. At a minimum, such ballot instructions and supplemental illustrations shall be substantially as follows so that they accurately reflect the ballot layout:
INSTRUCTIONS
(The board shall provide an illustration here of correctly marked voting positions with multiple candidates ranked.)
Rank candidates in the order of your choice.
Use the (insert "ovals" or "squares") in the columns marked 1, 2, 3, and so on.
Rank candidates in the order of your choice.
Use the (insert "ovals" or "squares") in the columns marked 1, 2, 3, and so on.
(The board may, in its discretion, provide an illustration here of incorrectly marked voting positions with more than one oval or square marked in the same column . Such illustration, if included, shall be overlaid with a large "X" or similar symbol to indicate that the depicted marking is incorrect.)
DO NOT mark more than one (insert "oval" or "square") in any column.
You may rank as many or as few candidates as the columns allow.
DO NOT mark more than one (insert "oval" or "square") in any column.
You may rank as many or as few candidates as the columns allow.
(The board may, in its discretion, provide an illustration here of incorrectly marked voting positions with more than one oval or square marked for the same candidate. Such illustration, if included, shall be overlaid with a large "X" or similar symbol to indicate that the depicted marking is incorrect.)
DO NOT mark more than one (insert "oval" or "square") for the same candidate.
Ranking more candidates will not hurt your first-choice candidate.
DO NOT mark more than one (insert "oval" or "square") for the same candidate.
Ranking more candidates will not hurt your first-choice candidate.
Any mark or writing outside the (insert "ovals" or "squares") for voting may void your ballot.
You have a right to a replacement ballot. If you make a mistake, or want to change your vote, (insert "ask a poll worker for a new ballot" or, for early mail or absentee ballots, "call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot").
You have a right to a replacement ballot. If you make a mistake, or want to change your vote, (insert "ask a poll worker for a new ballot" or, for early mail or absentee ballots, "call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot").
(b) In addition to the instructions included pursuant to subparagraph (a) of this paragraph, the ballot shall also include brief instructions within the area for each ranked choice election. Such instructions shall be substantially as follows so that they accurately reflect the ballot layout for the relevant ranked choice election:
Rank up to (insert "5" or, if there are fewer than five candidates, the number of permitted rankings) candidates. Mark only one oval in each column.
(c) Nothing in this section shall be construed to prevent the board from providing additional instructions or illustrations as may be necessary to further the purposes of this section.
4. To the greatest extent practicable, the ballot design shall allow for electronic tabulation of all rankings and electronic detection of ballot marking in order to allow a voter to correct a ballot that assigns equal rank to two or more candidates.
5. If a ranked choice election is on the ballot with one or more elections using other methods of voting, to the extent practicable, the ranked choice elections shall be grouped together and presented either on a separate ballot page from the non-ranked choice elections, or on one side of a combined ranked choice and non-ranked choice ballot page.
6. If a ballot page includes multiple ranked choice elections, each ranked choice election on such page shall be separated by a bold black line.
7. If the ballot includes text in multiple languages, any text included pursuant to this section shall be arranged, to the extent practicable, to ensure that non-English text can be easily compared to the corresponding English text and that each language is clearly separated and visually distinct.
8. To the extent practicable:
(a) The text of any instructions included pursuant to this section shall be in black font set against a white background; and
(b) In the case of a primary ballot that uses coloring to indicate the relevant party, such coloring shall not cover the area of any instructions included pursuant to this section.
9. The final ballot design shall be based on the space and design limitations of the ballot design software, while following the best practices for ballot design to the greatest extent possible.
e. For all ranked choice elections, the following tabulation procedures apply:
1. If a candidate receives a majority of highest rank votes, that candidate shall be declared the nominee of his or her party for a primary election, or declared the elected winner for an election for which nominations were made by independent nominating petitions.
2. If no candidate receives a majority of highest rank votes, tabulation shall proceed in rounds. In each round, the number of votes for each continuing candidate shall be counted; each continuing ballot shall count as one vote for its highest ranked continuing candidate for that round; and exhausted ballots shall not be counted for any continuing candidate. A round ends with one of the following outcomes:
(a) If there are two continuing candidates, the candidate with the most votes shall be declared the nominee of his or her party for a primary election, or elected winner for an election for which nominations were made by independent nominating petitions.
(b) If there are more than two continuing candidates, the last place candidate shall be eliminated and a new round shall begin; provided, however, that batch elimination shall occur at the same time as such elimination of the last place candidate, unless such batch elimination would result in only one continuing candidate, in which case no such batch elimination shall occur.
3. A tie between two or more candidates shall be resolved in accordance with the election law.
f. 1. When making public the results of a ranked choice election pursuant to section 9-126 of the election law, the board of elections in the city of New York shall release as the unofficial tally either, as determined by the board, (i) the total number of ballots that marked a candidate in such an election as rank number 1 that ranked choice office, or (ii) the number of votes cast for each candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter.
2. When making the statement of results of a ranked choice election pursuant to section 9-210 of the election law, such statement shall set forth the number of votes cast for each candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter, in addition to any other requirements provided by section 9-210 of the election law.
g. The board of elections in the city of New York shall promulgate rules for the hand counting of any ballot in a ranked choice election that is required to be hand counted pursuant to article 9 of the election law, as superseded by this section. Such rules shall ensure that all ranks on a hand counted ballot for candidates in a ranked choice election are tabulated with all machine-counted ballots in a ranked choice election pursuant to the tabulation procedure established in subdivision e of this section.
h. The campaign finance board shall conduct a voter education campaign to familiarize voters with ranked choice voting.
i. The board of elections in the city of New York shall take all necessary steps to ensure timely implementation of ranked choice voting pursuant to this section. No later than June 1, 2020, such board shall submit to the mayor and speaker of the council a report containing a plan for achieving timely implementation of ranked choice voting for applicable elections held on or after January 1, 2021. Failure by such board to submit such a report within 30 days of June 1, 2020 shall create a rebuttable presumption that such board is declining to implement ranked choice voting as required by this section.
j. This section applies to elections held on or after January 1, 2021, if the applicable election is a ranked choice election.
k. 1. Any person who knowingly and willfully violates any provision of this section of the charter which violation is not specifically covered by section 17-168 or any other provision of article seventeen of the election law is guilty of a misdemeanor.
2. Any person convicted of a misdemeanor under this subdivision shall be punished by imprisonment for not more than one year or by a fine of not less than one hundred dollars nor more than five hundred dollars or by both such fine and imprisonment.
(L.L. 2019/215, 12/11/2019, eff. 12/11/2019; Am. L.L. 2023/003, 1/7/2023, eff. 1/7/2023; Am. 2023 N.Y. Laws Ch. 481, 9/20/2023, eff. 1/1/2024)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2023/003.