Sec. 101. Requiring ranked choice voting for election of Senators and Representatives
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Title III of the Help America Vote Act of 2001 ( 52 U.S.C. 21081 et seq. ) is amended by adding at the end the following new subtitle: Except as provided in section 205 of the Fair Representation Act, each State shall carry out elections for the office of Senator and the office of Representative in Congress 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 the following:
In any single-seat election and any election for the office of Senator, the State shall carry out the election using single-seat ranked choice voting as described in section 322(a). In any multi-seat election, the State shall carry out the election using multi-seat ranked choice voting as described in section 322(b). Each State shall ensure that the ballot used in an ranked choice voting election under this title 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 subparagraphs
(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 the case of a single-seat election, 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). If there are more than two active candidates, 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. When there are two or fewer active candidates— tabulation is complete; and 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). — In the case of a multi-seat election, 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 a multi-seat 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 part, 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 single-seat election means any primary election in which exactly one candidate in the primary election will advance to the general election, any special election for exactly one seat, any general election for the office of Senator, and any general election in which only one Representative is elected at large. The term surplus fraction means, with respect to an elected candidate as described in section 322(b)(1), 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 section 322(b)(1), the transfer value shall be the new transfer value assigned under such section. 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. Not later than June 1, 2026, the Commission shall make a payment to each State in the amount determined with respect to the State under paragraph (2). The amount determined under this paragraph is the product of— 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 the per capita amount established by the Commission under subparagraph (B). For purposes of this paragraph, the Commission shall establish a separate, appropriate per capita payment amount for each State that may be no less than $4 and no more than $8, taking into account any reasonable demonstrated or estimated costs associated with the use of ranked choice voting, including costs related to voting equipment updates; election setup licensing costs; programming; ballot design and printing; training; processing, canvassing, centralization, and tabulation; preliminary and final results reporting and displaying; post-election audits and recounts; and voter information, education, and engagement. A State shall use the payment made under subsection
(a)to implement ranked choice voting under this subtitle, including educating voters about ranked choice voting, and to otherwise carry out elections for Federal office in the State. The receipt or use of the payment made under this section shall not affect a State’s eligibility for or use of a requirements payment made under part 1 of subtitle D of title II. There are authorized to be appropriated such sums as may be necessary for payments under this section. Nothing in this subtitle shall be construed to require a State to hold a primary election for the office of Senator or 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. In this subtitle, the term Representative includes a Delegate or Resident Commissioner to the Congress. 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. . 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. Tabulation of ballots. Sec. 323. Treatment of ties between candidates. Sec. 324. Definitions. Part 2—Payments to States To Implement Ranked Choice Voting Sec. 331. Payments to States to implement ranked choice voting. Part 3—General Provisions Sec. 341. Treatment of States not holding primary elections prior to date of general election. Sec. 342. Application to District of Columbia and territories.
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Sec. 101
Requiring ranked choice voting for election of Senators and Representatives
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