Sec. 4. Optional use of ranked choice voting by States opting to use multi-Member districts
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At its option, a State which establishes multi-Member districts for the election of Representatives in Congress in the State under section 3 may carry out such elections in the State under ranked choice voting as described in subsection (c). Each State shall ensure that the ballot used in an ranked choice voting election under this section meets each of the following requirements: The ballot shall allow voters to rank candidates in order of choice. 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.
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. The ballot shall include such instructions as the State considers necessary to enable the voter to rank candidates and successfully cast the ballot under the system. The number of candidates a voter may rank in a ranked choice voting election shall be determined as follows: If feasible, the ballot shall permit voters to rank a number of candidates in the election which is not fewer than the number of seats in the election plus 4.
If the number of candidates in the election is less than the number of ranking provided under subparagraph (A), the ballot shall permit voters to rank a number of candidates which is not fewer than the number of candidates in the election, including write-in candidates. If it is not feasible for the ballot to permit voters to rank as many candidates as required under subparagraph
(A)or (B), the State may limit the number of candidates who may be ranked for each election on the ballot to a maximum feasible number established by the State, except that such number may not be less than 5 for any election on the ballot. In a ranked choice voting election under this section, each ballot cast in the election shall count at its current transfer value for the highest-ranked active candidate on the ballot. Tabulation shall proceed as described in paragraphs (2), (3), and (4). If any active candidate has a number of votes greater than or equal to the election threshold, that candidate shall be designated as elected, and the surplus votes shall be transferred to other candidates as follows: Unless paragraph
(4)applies, each ballot counting for an elected candidate shall be assigned a new transfer value by multiplying the ballot’s current transfer value by the surplus fraction for the elected candidate, truncated after 4 decimal places. Each candidate elected under this paragraph shall be deemed to have a number of votes equal to the election threshold for the contest in all future rounds, each ballot counting towards the elected candidate shall be transferred at its new transfer value to its next-ranked active candidate, and a new round shall begin. If two or more candidates have a number of votes greater than the election threshold, the surpluses shall be distributed simultaneously in the same round. Unless paragraph
(2)or paragraph
(4)applies, 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. Tabulation in the election is complete if— the number of elected candidates is equal to the number of seats to be filled and any remaining votes in excess of the election threshold have been counted for each ballot’s next-ranked active candidate; or the sum of the number of elected candidates and the number of active candidates is less than or equal to the number of seats to be filled at any time. A ballot which is an undervote shall not be counted in any round of tabulation of ballots in an election under this section. For purposes of this paragraph, an undervote is a ballot for which the voter does not rank any of the candidates in the election. 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. For purposes of this paragraph, an inactive ballot is a ballot on which— all of the ranked candidates on the ballot have become inactive; or the voter ranks more than one candidate at the same ranking and all candidates at a higher ranking have become inactive. 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. For purposes of this paragraph— a skipped ranking is a ranking a voter does not assign to any candidate while assigning a subsequent ranking to a candidate; and a repeated ranking is a ranking for which the voter has assigned the same candidate that the voter assigned to another ranking. 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. 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). The result of the resolution of any tie shall be recorded and reused for purposes of any recount under State law. In this section, the following definitions apply: The term active candidate means, with respect to any round of tabulation under this part, a candidate who has not been elected or eliminated, and who is not a withdrawn candidate. The term election threshold means the number of votes sufficient for a candidate to be elected in a multi-seat election. Such number is equal to the total votes counted for active candidates in the first round of tabulation, divided by the sum of one plus the number of seats to be filled, then increased by one, disregarding any fractions. The term highest-ranked active candidate means the active candidate assigned to a higher ranking than any other active candidate. The term multi-seat election means any primary election in which more than one candidate in the primary election will advance to the general election, any special election for more than one seat, and any general election in which more than one Representative is elected at large or in a multi-member district. 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. The term surplus fraction means, with respect to an elected candidate as described in subsection (c), the number obtained by subtracting the election threshold from the candidate’s vote total, then dividing that number by the candidate’s vote total, truncated after four decimal places. The term transfer value means the proportion of a vote that a ballot will contribute to its highest-ranked active candidate. Each ballot begins with a transfer value of 1. If a ballot contributes to the election of a candidate under subsection (c), the transfer value shall be the new transfer value assigned under such subsection. The term vote total means, with respect to a candidate in a round of counting, the total transfer value of all ballots counting for the candidate in the round. 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.