,i #aafth ,,congress #ast ,session ,h4 ,r4 #ddfd ,,in ,,the ,,house ,,of ,,representatives ,september #bd1 #bjai,mr4 ,raskin 7for himself1 ,mr4 ,beyer1 ,mr4 ,cohen1 ,mr4 ,cooper1 ,mr4 ,kennedy1 ,mr4 ,khanna1 ,mr4 ,mc,govern1 ,mr4 ,moulton1 ,mr4 ,peters1 ,ms4 ,pingree1 ,miss ,rice of ,new ,york1 and ,ms4 ,pressley7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to establish the use of ranked choice voting in elections for the offices of ,senator and ,representative in ,congress1 and for other purposes4 #a4 ,short title2 finding of constitutional authority 7a7 ,short ,title ,this ,act may be cited as the ,ranked ,choice ,voting ,act4 7b7 ,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 ,senator and ,representative in ,congress because the authority granted to ,congress under article ,i1 section #d of the ,constitution of the ,united ,states gives ,congress the power to enact laws governing the time1 place1 and manner of elections for such offices4 #b4 ,requiring ranked choice voting for election of ,senators and ,representatives 7a7 ,in ,general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by adding at the end the following new subtitle3 ,c ,ranked ,choice ,voting #a ,requiring ,ranked ,choice ,voting for ,election of ,senators and ,representatives #cba4 ,requiring ranked choice voting for election of ,senators and ,representatives 7a7 ,ranked ,choice ,voting ,each ,state shall carry out elections for the office of ,senator and the office of ,representative in ,congress1 including primary1 special1 and general elections for such office1 using a system of ranked choice voting 7also known as instant runoff voting7 under which each voter shall rank the candidates for the office in the order of the voter's preference1 in accordance with this title4 7b7 ,ballot ,design ,each ,state shall ensure that the ballot used in an election carried out using a system of ranked choice voting under this title meets each of the following requirements3 7#a7 ,the ballot shall be simple and easy to understand4 7#b7 ,the ballot shall include all qualified candidates for the election and 7to the extent permitted under ,state law7 options for voters to select write-in candidates4 ,if feasible1 the ballot shall permit voters to rank every candidate in the election4 ,if it is not feasible for the ballot to permit voters to rank every candidate1 the ,state may limit the number of candidates who may be ranked on the ballot to not fewer than #f4 7#c7 ,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 system4 #cbb4 ,prohibiting additional runoff elections 7a7 ,primary elections ,no ,state may hold a 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 office4 7b7 ,general elections ,no ,state may hold a runoff general election for the office of ,senator or the office of ,representative in ,congress after the date established under section #be of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #g7 for the regularly scheduled general election for such office4 7c7 ,special elections ,no ,state may hold a runoff special election for the office of ,senator or the office of ,representative in ,congress after the date established by the ,state under ,state law for such special election for such office4 #cbc4 ,treatment of primary elections 7a7 ,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 #c candidates advance to the subsequent general election1 or1 if write-in candidates are allowed in the general election1 at least #b candidates advance4 7b7 ,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 #be of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #g7 for the regularly scheduled general election for such office1 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 date1 as determined in accordance with the system of ranked choice voting under this title4 #cbd4 ,application to ,district of ,columbia and ,territories 7a7 ,election of ,delegates and ,resident ,commissioner ,in this subtitle1 the term ,representative includes a ,delegate or ,resident ,commissioner to the ,congress4 7b7 ,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 ,state4 #b ,tabulation ,process #cca4 ,tabulation process 7a7 ,in ,general 7#a7 ,determination of candidate's number of votes ,the number of votes received by a candidate in either the initial tabulation or in an additional round of tabulation shall be equal to the number of ballots on which that candidate is the highest ranked continuing candidate4 7#b7 ,criteria for election ,except as provided in section #ccb1 a candidate shall be elected to the office of ,senator or the office of ,representative in ,congress 7or1 in the case of a primary election1 shall advance to the general election for such office as provided under the law of the ,state involved7 if-- 7,a7 the candidate receives a number of votes greater than #ej percent of the number of ballots cast in the election2 or 7,b7 if the election official carries out additional rounds of tabulation under subsection 7b71 the candidate receives the greatest number of votes of the remaining continuing candidates 7as described in such subsection74 7b7 ,process in ,case no ,candidate ,elected ,under ,initial ,tabulation 7#a7 ,additional rounds of tabulation ,if1 under the initial tabulation of ballots1 no candidate is elected to office 7or1 in the case of a primary election1 no candidate advances to the general election for such office7 under the criteria described in subsection 7a77#b77;,a71 the election official shall carry out additional rounds of tabulation in accordance with paragraph 7#b7 until only #b continuing candidates remain4 7#b7 ,treatment of ballots in additional rounds ,in each additional round of tabulation carried out under this subsection-- 7,a7 the candidate receiving the fewest number of votes among all candidates 7or1 in the case of a ,state which applies batch elimination under section #ccd1 each candidate in the batch elimination group7 shall be treated as a defeated candidate2 7,b7 for each ballot cast for a defeated candidate1 the election official shall determine the highest-ranked candidate on the ballot who is a continuing candidate2 and 7,c7 the vote cast on the ballot shall be transferred to1 and added to the total number of votes received by1 the highest-ranked continuing candidate determined under subparagraph 7,b74 #ccb4 ,special rules for nonpartisan blanket primary elections 7a7 ,determination of winning candidates ,in the case of a nonpartisan blanket primary election1 a candidate for the office of ,senator or the office of ,representative in ,congress shall be treated as a winning candidate and shall advance to the general election for such office if1 during any round of tabulation carried out under this section1 the candidate is a continuing candidate and the total number of winning and continuing candidates is equal to or less than the required number of winning candidates with respect to the election1 as provided under the law of the ,state involved4 7b7 ,tabulation process 7#a7 ,additional rounds of tabulation ,after the initial tabulation of ballots in a nonpartisan blanket primary election1 the election official shall carry out additional rounds of tabulation in accordance with paragraph 7#b7 until the number of winning candidates is equal to the required number of winning candidates with respect to the election1 as provided under the law of the ,state involved4 7#b7 ,treatment of ballots in additional rounds ,in each additional round of tabulation carried out under this subsection-- 7,a7 the candidate receiving the fewest number of votes among all candidates 7or1 in the case of a ,state which applies batch elimination under section #ccd1 each candidate in the batch elimination group7 shall be treated as a defeated candidate2 7,b7 for each ballot cast for a defeated candidate1 the election official shall determine the highest-ranked candidate on the ballot who is a continuing candidate2 and 7,c7 the vote cast on the ballot shall be transferred to1 and added to the total number of votes received by1 the highest-ranked continuing candidate determined under subparagraph 7,b74 #ccc4 ,exclusion of inactive ballots ,in any round of tabulation of ballots under this part1 including the initial tabulation of ballots1 a vote shall not be counted for any candidate if it is cast on an inactive ballot4 #ccd4 ,use of batch elimination 7a7 ,batch elimination described ,at the option of the ,state1 with respect to any candidate elimination round carried out under this subsection1 a ,state may use batch elimination to treat multiple candidates as defeated candidates for purposes of the additional rounds of tabulation described in section #cca7;b77#b7 or section #ccb7;b77#b74 ,a continuing candidate is in the elimination batch if it is mathematically impossible for that candidate to be a winning candidate in the election for any of the following reasons3 7#a7 ,the candidate's vote total in the initial tabulation of ballots plus all of the votes that could possibly be transferred to the candidate in the additional rounds of tabulation would not be enough to equal or surpass the continuing candidate with the next highest vote total in the initial tabulation of ballots4 7#b7 ,the candidate has a lower current vote total than a continuing candidate described in paragraph 7#a74 7b7 ,special rule for nonpartisan blanket primary elections ,in the case of a nonpartisan blanket primary election for which tabulation is carried out in accordance with section #ccb1 a candidate may not be in the elimination batch if the candidate's vote total is one of the top vote totals among all continuing candidates1 with the blank space filled in with the required number of winning candidates with respect to the election1 as provided under the law of the ,state involved4 #cce4 ,treatment of ties between candidates ,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 resolved1 the tie shall be resolved in accordance with ,state law4 #ccf4 ,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 ,state1 the ,state shall determine the number of votes cast for a candidate solely on the basis of the initial tabulation of ballots in the election1 and shall not take into account any additional round of tabulation under section #cca7;b7 or section #ccb7;b74 #c ,payments to ,states ,to ,implement ,ranked ,choice ,voting #cda4 ,payments to ,states to implement ranked choice voting 7a7 ,payments ,not later than ,june #a1 #bjba1 the ,commission shall make a payment to the ,state in an amount equal to-- 7#a7 in the case of the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands1 #a1jjj1jjj2 or 7#b7 in the case of any other ,state1 the sum of #gej1jjj and the product of-- 7,a7 the number of ,representatives to which the ,state is entitled under the reapportionment of ,representatives resulting from the regular decennial census conducted during #bjbj2 and 7,b7 #bej1jjj4 7b7 ,use of ,funds ,a ,state shall use the payment made under subsection 7a7 to implement ranked choice voting under this subtitle1 including educating voters about ranked choice voting1 and to otherwise carry out elections for ,federal office in the ,state4 7c7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as may be necessary for payments under this section4 #d ,definitions #cea4 ,definitions ,in this subtitle1 the following definitions apply3 7#a7 ,the term continuing candidate means1 with respect to an additional round of tabulation conducted under section #cca7;b7 or section #ccb7;b71 a candidate who is neither a winning candidate nor a candidate who is treated as a defeated candidate under such section during the tabulation of ballots under such section4 7#b7 ,the term inactive ballot means1 with respect to a round of tabulation under section #cca or section #ccb-- 7,a7 a ballot on which the voter does not rank any of the continuing candidates in order of preference2 7,b7 a ballot on which the voter ranked more than one continuing candidate at the highest order of preference2 or 7,c7 a ballot on which the voter skips two or more consecutive numerical rankings prior to the ranking for the continuing candidate at the highest order of preference4 7#c7 ,the term nonpartisan blanket primary election means a single1 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 ballot1 regardless of political party affiliation4 7#d7 ,the term winning candidate means a candidate who was elected to office 7or1 in the case of a primary election1 who advanced to the general election for such office as provided under the law of the ,state involved7 under the tabulation process applicable to the election under part #b at any time during the tabulation of ballots4 4 7b7 ,conforming amendment relating to applicability of enforcement provisions ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking sections #cja1 #cjb1 and #cjc and inserting title ,,iii4 7c7 ,clerical ,amendment ,the table of contents of such ,act is amended by adding at the end of the item relating to title ,,iii the following3 ,subtitle ,c--,ranked ,choice ,voting ,part #a--,requiring ,ranked ,choice ,voting for ,election of ,senators and ,representatives ,sec4 #cba4 ,requiring ranked choice voting for election of ,senators and ,representatives4 ,sec4 #cbb4 ,prohibiting additional runoff elections4 ,sec4 #cbc4 ,treatment of primary elections4 ,sec4 #cbd4 ,application to ,district of ,columbia and ,territories4 ,part #b--,tabulation ,process ,sec4 #cca4 ,tabulation process4 ,sec4 #ccb4 ,special rules for nonpartisan blanket primary elections4 ,sec4 #ccc4 ,exclusion of inactive ballots4 ,sec4 #ccd4 ,use of batch elimination4 ,sec4 #cce4 ,treatment of ties between candidates4 ,sec4 #ccf4 ,determination of votes cast for candidates of political parties for purposes of access to ballot in ,federal elections4 ,part #c--,payments to ,states ,to ,implement ,ranked ,choice ,voting ,sec4 #cda4 ,payments to ,states to implement ranked choice voting4 ,part #d--;,definitions ,sec4 #cea4 ,definitions4 4 #c4 ,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 office4 #d4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision of this ,act or an amendment made by this ,act to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the provisions to any person or circumstance1 shall not be affected by the holding4 #e4 ,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 #a1 #bjbb4