BILL NUMBER: SB 596	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2005
	AMENDED IN SENATE  MARCH 31, 2005

INTRODUCED BY   Senator Bowen
   (Coauthor: Assembly Member Hancock)

                        FEBRUARY 18, 2005

   An act to add Chapter 2 (commencing with Section 10050) to Part 1
of Division 10 of the Elections Code, relating to municipal
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 596, as amended, Bowen.  Municipal elections: voting methods.
   Existing law provides procedures for the nomination of candidates
for elective offices in general law cities. It specifies the
procedures for the conduct of the election, the canvass of ballots,
and certification of persons elected to office. Related provisions
require the holding of a runoff election if no candidate has been
elected at the municipal election. It provides that a vacancy in an
elective office may be filled by appointment, at a special election,
or at the next regular municipal election, as specified.
   This bill would provide that, notwithstanding any provision of
law, a city, county, or district may conduct a local election using
 a preference voting method   ranked voting
 . This bill would also describe the  preference
  ranked  voting method as it applies to both a
single-candidate election and a multiple-candidate election.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 2 (commencing with Section 10050) is added to
Part 1 of Division 10 of the Elections Code, to read:
      CHAPTER 2.   PREFERENCE VOTING METHODS  
RANKED VOTING 

   10050.
   (a) Any city, county, or district may conduct a local election
using  a preference voting method   ranked
voting  . The ballot shall allow voters to rank a number of
choices in order of preference equal to the total number of
candidates for each office. However, if the voting system, vote
tabulation system, or similar or related equipment used by the city,
county, or district cannot feasibly accommodate choices equal to the
total number of candidates running for each office, then the
elections official administering the election may limit the number of
choices a voter may rank to no fewer than three if using the voting
method enacted pursuant to Section 10051 and to two more than the
number of seats to be filled if using the voting method enacted
pursuant to Section 10052. The ballot shall in no way interfere with
a voter's ability to cast a vote for write-in candidates.
   (b) A voting method authorized by this section may be enacted by
any of the following ways:  
   (1) By ordinance enacted by the governing body of the city,
county, or district.  
   (2) 
    (1)    By approval of a ballot measure
submitted to the voters by the governing body of the city, county, or
district at an election pursuant to Division 9 (commencing with
Section 9000).  
   (3) 
    (2)    By initiative ordinance or charter
amendment adopted pursuant to Division 9 (commencing with Section
9000).
   (c) Any city, county, or district using a preference voting method
shall conduct a voter education campaign to familiarize voters with
this method of voting.
   10051.
   A voting method enacted pursuant to Section 10050 for an election
to elect a single candidate to office shall be  known as "instant
runoff voting" and shall be  conducted in the following manner:

   (a) For the purposes of this section: (1) a candidate shall be
deemed "continuing" if the candidate has not been eliminated, (2) a
ballot shall be deemed "continuing" if it is not exhausted, (3) a
ballot shall be deemed "exhausted," and not counted in further stages
of the tabulation, if all of the choices have been eliminated or
there are no more choices indicated on the ballot. If a ballot gives
equal rank to two or more candidates, the ballot shall be declared
exhausted when such multiple rankings are reached. If a voter casts a
ballot but skips a rank, the voter's vote shall be transferred to
that voter's next ranked choice.
   (b) If a candidate receives a majority of the first choices, that
candidate shall be declared elected. If no candidate receives a
majority, the candidate who received the fewest first choices shall
be eliminated and each vote cast for that candidate shall be
transferred to the next ranked candidate on that voter's ballot. If,
after this transfer of votes, any candidate has a majority of the
votes from the continuing ballots, that candidate shall be declared
elected.
   (c) If no candidate receives a majority of votes from the
continuing ballots after a candidate has been eliminated and his or
her votes have been transferred to the next ranked candidate, the
continuing candidate with the fewest votes from the continuing
ballots shall be eliminated.  All votes   Each
vote  cast for that candidate shall be transferred to the next
ranked continuing candidate on  each   that
 voter's ballot. This process of eliminating candidates and
transferring their votes to the next ranked continuing candidates
shall be repeated until a candidate receives a majority of the votes
from the continuing ballots.
   (d) If the total number of votes of the two or more candidates
credited with the lowest number of votes is less than the number of
votes credited to the candidate with the next highest number of
votes, those candidates with the lowest number of votes shall be
eliminated simultaneously and their votes transferred to the next
ranked continuing candidate on each ballot in a single counting
operation.
   (e) A tie between two or more candidates  for the fewest votes
as specified in subdivision (c)  shall be resolved in
accordance with Article 1 (commencing with Section 15650) of Chapter
10 of Division 15.   by lot with the candidate chosen by
lot being eliminated. 
   10052.
   A voting method enacted pursuant to Section 10050 for an election
to elect two or more candidates to office shall be  known as
"choice voting" and shall be  conducted in the following manner:

   (a) For the purposes of this section: (1) a candidate shall be
deemed "continuing" if the candidate has not been eliminated or
elected, (2) a ballot shall be deemed "continuing" if it is not
exhausted, and (3) a ballot shall be deemed "exhausted," and not
counted in further stages of the tabulation, if all of the choices
have been eliminated or elected or there are no more choices
indicated on the ballot. If a ballot gives equal rank to two or more
candidates, the ballot shall be declared exhausted when such multiple
rankings are reached. If a voter casts a ballot but skips a rank,
the voter's vote shall be transferred to that voter's next ranked
choice.
   (b) Each candidate that receives the minimum threshold of votes
necessary to be elected shall be declared elected. The minimum
threshold of votes necessary to be elected shall be determined by
dividing the total number of votes cast for that office by one more
than the number of offices to be filled and then adding one vote 
, and then ignoring any fraction,  as shown in the following
formula:  Total number of votes cast, divided by sum of one plus
number of offices to be filled, plus one, equals minimum threshold of
votes necessary to be elected
   If no candidate receives the minimum threshold of votes necessary
to be elected, the candidate who received the fewest first choices
shall be eliminated and each vote cast for that candidate shall be
transferred to the next ranked candidate on that voter's ballot. If,
after this transfer of votes, any candidate has the minimum threshold
of votes necessary to be elected from the continuing ballots, that
candidate shall be declared elected.
   If no candidate receives the minimum threshold of votes necessary
to be elected from the continuing ballots after a candidate has been
eliminated and his or her votes have been transferred to the next
ranked candidate, the continuing candidate with the fewest votes from
the continuing ballots shall be eliminated.  All votes
  Each vote  cast for that candidate shall be
transferred to the next ranked continuing candidate on  each
  that  voter's ballot. This process of eliminating
candidates and transferring their votes to the next ranked
continuing candidate shall be repeated until a candidate receives the
minimum threshold of votes necessary to be elected from the
continuing ballots.
   (c) Once a candidate receives the minimum threshold of votes
necessary to be elected, any votes that candidate has received in
excess of the minimum threshold of votes necessary to be elected
shall be redistributed among the other continuing candidates as
 follows: the second choices indicated on all of the ballots
where the first choice was the elected candidate shall be
redistributed   follows: each vote received by the
elected candidate shall be redistributed to the next available choice
on that ballot  according to a transfer value  for each
ballot  . The transfer value shall be determined by dividing the
surplus votes cast for the elected candidate by the total number of
votes received by the elected candidate as shown in the following
formula:  Surplus votes cast for the elected candidate, divided by
total number of votes received by the elected candidate, 
calculated out five decimal places and rounded to the fourth decimal
place  equals the transfer value
   (d) If two or more candidates on the first count receive more than
the minimum threshold of votes necessary to be elected,  all
  each  of those candidates shall be declared
elected. Among these  candidates, the second choices
indicated on all of the ballots of the candidate who receives the
largest number of first choice votes, or the next available choice if
the second preference candidate has already been elected, shall be
redistributed at the transfer value to continuing candidates. This
process shall be repeated for the ballots of any other elected
candidate in the order of the number of first-choice votes each
candidate received.   candidates each of the ballots of
the candidate who receives the largest number of first choice votes
shall be redistributed at its transfer value to the second choice
indicated on that ballot, or the next available choice if the second
preference candidate has already been elected. 
   (e) If a candidate receives more than the minimum threshold of
votes necessary to be elected as the consequence of a redistribution
of surplus votes from a previously elected candidate, the number of
votes in excess of the minimum threshold of votes necessary to be
elected shall be redistributed to the continuing candidates. This
redistribution shall be to the next available choice shown on each of
the elected candidate's ballots. The transfer value for the ballots
on which the candidate was the first choice shall be the same as the
transfer value defined in subdivision (c).  The transfer value for
each ballot transferred to the candidate from one or more previously
elected candidates shall be the surplus votes cast for the elected
candidate divided by the total number of votes received by the
elected candidate multiplied by the  transfer value of the
votes received pursuant to the redistribution of the surplus votes
from a previously elected candidate as shown in the following
  previous transfer value of that ballot as shown in the
following  formula:  Surplus votes cast for the elected
candidate, divided by total number of votes received by the elected
candidate, multiplied by  the transfer value of the votes
received from a previously elected candidate   the
previous transfer value of that ballot, calculated out five decimal
places and rounded to the fourth decimal place 
   (f) If no candidate receives more than the minimum threshold of
votes necessary to be elected as the consequence of a redistribution
of surplus votes from a previously elected candidate, the candidate
with the smallest number of votes shall be eliminated. All of that
eliminated candidate's votes--both first choice votes and any votes
received from a previously elected candidate's surplus at the
transfer value--shall be transferred to the continuing candidates
according to the next available choice shown on the eliminated
candidate's ballots. The eliminated candidate's first choice votes
shall be transferred to the second, or next available, choice at full
value. Votes received from previously elected or eliminated
candidates shall be transferred at the transfer value at which
 the votes were   each vote was  received.

   (g) Tabulation of votes shall continue in the following sequence:

   (1) The surplus votes of elected candidates shall be redistributed
until no more candidates receive the minimum threshold of votes
necessary to be elected.
   (2) The votes of eliminated candidates are redistributed until
another candidate receives the minimum threshold of votes necessary
to be elected.  
   (3) When all but one of the candidates to be elected has received
the minimum threshold of votes necessary to be elected, and only two
candidates are continuing, the candidate with the most votes is
declared elected, whether or not that candidate has received the
minimum threshold of votes necessary to be elected. 

   (h) A tie between two or more candidates shall be resolved in
accordance with Article 1 (commencing with Section 15650) of Chapter
10 of Division 15.  
   (3) When the number of continuing candidates plus the number of
elected candidates is equal to the number of candidates to be
elected, all of the continuing candidates shall be declared elected,
whether or not those candidates have received the minimum threshold
of votes necessary to be elected.  
   (h) A tie between two or more candidates for fewest votes, as
specified in subdivision (f), shall be resolved by lot and that
candidate chosen by lot shall be eliminated. A tie between two or
more candidates for the number of first choice votes received, as
specified in subdivision (d), or votes above the threshold, as
specified in subdivision (e), shall be resolved by lot and the
candidate chose by lot shall be the first to have his or her surplus
votes transferred.   
   10053.
   For each office elected by ranked voting, the statement of the
result shall show all of the following:
   (a) The number of votes cast at each precinct that are counted for
each continuing candidate in each official round of counting.
   (b) The number of exhausted ballots in each precinct in each
official round of counting.
   (c) The total number of votes cast that are counted for each
continuing candidate in each official round of counting.
   (d) The total number of exhausted ballots in each official round
of counting.