,,ii  #aaith ,,congress  #ast ,session  
,s4 #cdbe  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #aj1 
#bjbe,mr4 ,welch 7for himself and ,mr4  
,kim7 introduced the following bill2    
which was read twice and referred to the
 ,committee on ,rules and               
,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 ,senators and            
,representatives in ,congress because   
the authority granted to ,congress under
 section #d of article ,i 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 ranked choice voting1 a system    
under which each voter may rank the     
candidates for the office in the order  
of the voter's preference1 and ballots  

are tabulated1 in accordance with this  
title4  7b7 ,ballot design  7#a7 ,in    
general ,each ,state shall ensure that  
the ballot used in a ranked choice      
voting election under this subtitle     
meets each of the following             
requirements3 7,a7 ,the ballot shall    
allow voters to rank candidates in order
 of choice4  7,b7 ,the number of        
candidates whom a voter may rank in the 
election1 as determined under paragraph 
7#b71 shall be uniform for all voters in
 the election within the ,state4  7,c7  
,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  7,d7 ,the ballot shall     
include such instructions as necessary  
to accurately inform the voter how to   
properly rank candidates and            
successfully cast the ballot under the  
system4  7#b7 ,determination of number  
of candidates voter may rank ,the ballot
 shall permit voters to rank at least   

five candidates or the number of        
candidates in the election1 including   
write-in candidates 7to the extent      
permitted under ,state law71 whichever  
is fewer4  #cbb4 ,prohibiting additional
 runoff elections  7a7 ,primary         
elections ,no ,state may hold a separate
 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 separate 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 separate runoff   
special election for the office of      
,senator or the office of               
,representative in ,congress after the  

date established 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 election4  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 ,except as provided in section  
#ccb1 tabulation shall proceed in the   
following manner3 7#a7 ,process for     
tabulation ,each ballot cast in the     
election shall count as one vote for the
 highest-ranked active candidate on the 
ballot4 ,tabulation shall proceed in    
rounds as described in paragraphs 7#b7  
and 7#c74  7#b7 ,elimination of         
candidates during tabulation ,if there  

are more than #b active candidates in a 
round of tabulation1 the active         
candidate with the fewest votes is      
eliminated1 each vote cast on a ballot  
for the eliminated candidate shall be   
counted for the next-ranked active      
candidate on the ballot1 and a new round
 shall begin4  7#c7 ,completion of      
tabulation2 election of candidate ,when 
there are two or fewer active           
candidates-- 7,a7 tabulation is         
complete2 and  7,b7 the candidate       
receiving the greatest number of votes  
shall be elected to the office of       
,senator or ,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 involved74  7#d7      
,treatment of certain ballots  7,a7     
,treatment of undervotes  7i7 ,in       
general ,a ballot which is an undervote 
shall not be counted in any round of    
tabulation of ballots in an election    
under this section4  7ii7 ,undervote    

defined ,for purposes of this           
subparagraph1 an undervote is a ballot  
for which the voter does not rank any of
 the candidates in the election4  7,b7  
,treatment of inactive ballots  7i7 ,in 
general ,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 inactive4  7ii7 ,inactive ballot
 defined ,for purposes of this          
paragraph1 an inactive ballot is a      
ballot on which-- 7,i7 all of the ranked
 candidates on the ballot have become   
inactive2 or  7,,ii7 the voter ranks    
more than one candidate at the same     
ranking and all candidates at a higher  
ranking have become inactive4  7,c7     
,treatment of skipped or repeated       
rankings  7i7 ,in general ,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 section4  7ii7 ,skipped and        
repeated rankings defined ,for purposes 
of this paragraph-- 7,i7 a skipped      
ranking is a ranking a voter does not   
assign to any candidate while assigning 
a subsequent ranking to a candidate2 and
  7,,ii7 a repeated ranking is a ranking
 for which the voter has assigned the   
same candidate that the voter assigned  
to another ranking4  #ccb4 ,special     
rules for nonpartisan blanket primary   
elections ,in the case of a nonpartisan 
blanket primary election1 tabulation    
shall proceed in the following manner3  
7#a7 ,process for tabulation ,in the    
case of a nonpartisan primary election--
 7,a7 each ballot cast in the election  
shall count as one vote for the highest 
ranked active candidate on that ballot2 
and  7,b7 tabulation shall proceed in   
rounds as described in paragraphs 7#b7  
and 7#c74  7#b7 ,elimination of         
candidates during tabulation ,if the    
number of active candidates is greater  
than the number of candidates to be     

advanced to the general election1 as    
provided under the law of the ,state    
involved1 the active candidate with the 
fewest votes is eliminated1 and votes   
for the eliminated candidate are counted
 for each ballot's next-ranked active   
candidate4  7#c7 ,completion of         
tabulation2 advancing of candidates     
,when the total number of active        
candidates is equal to or less than the 
number of candidates to be advanced to  
the general election1 as provided under 
the law of the ,state involved-- 7,a7   
tabulation is complete2 and  7,b7 all   
active candidates shall advance to the  
general election for such office4  #ccc4
 ,treatment of ties between candidates  
7a7 ,resolution by lot ,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  
by lot or by such other method as may be

 provided under ,state law1 provided    
that any tie between candidates with the
 fewest number of votes shall be        
resolved on the same day as tabulation4 
7b7 ,resolution prior to tabulation     
,prior to tabulation1 the chief election
 official of the ,state may resolve     
prospective ties between candidates by  
lot or according to the method provided 
under ,state law1 as described in       
subsection 7a74  7c7 ,use during recount
 ,the result of the resolution of any   
tie shall be recorded and reused for    
purposes of any recount under ,state    
law4  #ccd4 ,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 on the basis of whichever    
round of tabulation of ballots in the   
election under section #cca or section  
#ccb contained the highest number of    
votes for that candidate4  #c ,payments 
to ,states ,to ,implement ,ranked       
,choice ,voting  #cda4 ,payments to     
,states to implement ranked choice      
voting  7a7 ,payments described  7#a7   
,payments ,not later than ,june #a1     
#bjbf1 the ,commission shall make a     
payment to each ,state in the amount    
determined with respect to the ,state   
under paragraph 7#b74  7#b7 ,amount     
determined on basis of number of        
registered voters  7,a7 ,in general ,the
 amount determined under this paragraph 
is the product of-- 7i7 the number of   
individuals registered to vote in       
elections for ,federal office in the    
,state1 based on the most recently      
available information on voter          
registration in the ,state1 as provided 
to the ,commission by the ,state2 and   

7ii7 the per capita amount established  
by the ,commission under subparagraph   
7,b74  7,b7 ,per capita amount ,for     
purposes of this paragraph1 the         
,commission shall establish a separate1 
appropriate per capita payment amount   
for each ,state that may be not less    
than #d and not more than #h1 taking    
into account any reasonable demonstrated
 or estimated costs associated with the 
use of ranked choice voting1 including  
costs related to-- 7i7 voting equipment 
updates2  7ii7 election software updates
 or licenses2  7iii7 voting system      
programming2  7iv7 ballot design and    
printing2  7v7 election official and    
poll worker training2  7vi7 processing1 
canvassing1 centralization1 and         
tabulation2  7vii7 reporting and        
displaying preliminary and final        
election results2  7viii7 post-election 
audits and recounts2 and  7ix7 voter    
information1 education1 and engagement4 
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 voting4  7c7 
,authorization of appropriations ,there 
are authorized to be appropriated such  
sums as may be necessary for payments   
under this section4  #d ,civil          
enforcement  #cea4 ,civil enforcement   
7a7 ,civil ,enforcement  7#a7 ,actions  
by ,attorney ,general ,the ,attorney    
,general may bring a civil action for   
such relief as may be appropriate to    
carry out this subtitle4  7#b7          
,availability of private right of action
  7,a7 ,in general ,any person residing 
or domiciled in a ,state who is         
aggrieved by the failure of the ,state  
to meet the requirements of this        
subtitle may bring a civil action in the
 ,united ,states district court for the 
applicable venue for such relief as may 
be appropriate to remedy the failure4   
7,b7 ,no awarding of damages to         
prevailing party ,except for an award of
 attorney's fees under subsection 7d71 a

 court in a civil action under this     
subtitle shall not award the prevailing 
party any monetary damages1             
compensatory1 punitive1 or otherwise4   
7#c7 ,delivery of complaint to ,house   
and ,senate ,in any action brought under
 this subtitle1 a copy of the complaint 
shall be delivered promptly to the      
,clerk of the ,house of ,representatives
 and the ,secretary of the ,senate4     
7#d7 ,exclusive jurisdiction and        
applicable venue ,the district courts of
 the ,united ,states shall have         
exclusive jurisdiction to hear and      
determine claims arising under this     
subtitle4 ,the applicable venue for such
 an action shall be the ,united ,states 
,district ,court for the ,district of   
,columbia or the judicial district in   
which the capital of the ,state is      
located1 as selected by the person      
bringing the action4 ,in a civil action 
that includes a claim under this        
subtitle1 with respect to an election   
for the office of ,senator or the office

 of ,representative in ,congress held in
 a ,state1 the ,united ,states ,district
 ,court for the ,district of ,columbia  
shall have jurisdiction over any        
defendant who has been served in any    
,united ,states judicial district in    
which the defendant resides1 is found1  
or has an agent1 or in the ,united      
,states judicial district in which the  
capital of the ,state is located4       
,process may be served in any ,united   
,states judicial district where a       
defendant resides1 is found1 or has an  
agent1 or in the ,united ,states        
judicial district in which the capital  
of the ,state is located4  7#e7 ,use of 
#c-;judge court ,any action arising     
under this subtitle shall be heard by a 
#c-;judge district court convened       
pursuant to section #bbhd of title #bh1 
,united ,states ,code4  7#f7 ,review of 
final decision ,a final decision in an  
action brought under this section shall 
be reviewable on appeal by the ,united  
,states ,court of ,appeals for the      

,district of ,columbia ,circuit1 which  
shall hear the matter sitting en banc4  
,there shall be no right of appeal in   
such proceedings to any other court of  
appeals4 ,such appeal shall be taken by 
the filing of a notice of appeal within 
#aj days of the entry of the final      
decision4 ,a final decision by the      
,court of ,appeals may be reviewed by   
the ,supreme ,court of the ,united      
,states by writ of certiorari4  7b7     
,expedited ,consideration ,in any action
 brought under this section1 it shall be
 the duty of the district court1 the    
,united ,states ,court of ,appeals for  
the ,district of ,columbia ,circuit1 and
 the ,supreme ,court of the ,united     
,states 7if it chooses to hear the      
action7 to advance on the docket and to 
expedite to the greatest possible extent
 the disposition of the action and      
appeal4  7c7 ,special rule in case final
 adjudication not expected within #c    
months of election  7#a7 ,duty of court 
,if final adjudication of an action     

under this subtitle is not reasonably   
expected to be completed at least #c    
months prior to the next regularly      
scheduled primary election for the      
office of ,senator or the office of     
,representative in ,congress in the     
,state1 the district court shall order  
adjustments to the timing of the primary
 election and other related deadlines1  
as needed1 to allow sufficient          
opportunity for adjudication of the     
matter in time for the next regularly   
scheduled general election for such     
office in the ,state4  7#b7 ,prohibiting
 failure to act on grounds of pendency  
of election ,the court may not refuse to
 take any action described in paragraph 
7#a7 on the grounds of the pendency of  
the next election held in the ,state or 
the potential for disruption1 confusion1
 or additional burdens with respect to  
the administration of the election in   
the ,state4  7d7 ,attorney's ,fees ,in a
 civil action under this section1 the   
court may allow the prevailing party    

7other than the ,united ,states7        
reasonable attorney fees1 including     
litigation expenses1 and costs4  7e7    
,relation to other laws  7#a7 ,rights   
and remedies additional to other rights 
and remedies ,the rights and remedies   
established by this section are in      
addition to all other rights and        
remedies provided by law1 and neither   
the rights and remedies established by  
this section nor any other provision of 
this title shall supersede1 restrict1 or
 limit the application of the ,voting   
,rights ,act of #aife 7#eb ,u4,s4,c4    
#ajcja et seq474  7#b7 ,voting ,rights  
,act of #aife ,nothing in this title    
authorizes or requires conduct that is  
prohibited by the ,voting ,rights ,act  
of #aife 7#eb ,u4,s4,c4 #ajcja et seq474
  7f7 ,legislative privilege ,no person1
 legislature1 or ,state may claim       
legislative privilege under either      
,state or ,federal law in a civil action
 brought under this section or in any   
other legal challenge1 under either     

,state or ,federal law1 to laws and     
procedures enacted under this subtitle4 
7g7 ,removal  7#a7 ,in general ,at any  
time1 a civil action brought in a ,state
 court which asserts a claim for which  
the district courts of the ,united      
,states have exclusive jurisdiction     
under this subtitle may be removed by   
any party in the case1 including an     
intervenor1 by filing1 in the district  
court for an applicable venue under this
 section1 a notice of removal signed    
pursuant to ,rule #aa of the ,federal   
,rules of ,civil ,procedure containing a
 short and plain statement of the       
grounds for removal4 ,consent of parties
 shall not be required for removal4     
7#b7 ,claims not within the original or 
supplemental jurisdiction ,if a civil   
action removed in accordance with       
paragraph 7#a7 contains claims not      
within the original or supplemental     
jurisdiction of the district court1 the 
district court shall sever all such     
claims and remand them to the ,state    

court from which the action was removed4
  #e ,definitions  #cfa4 ,definitions   
,in this subtitle1 the following        
definitions apply3 7#a7 ,active         
candidate ,the term active candidate    
means1 with respect to any round of     
tabulation under this subtitle1 a       
candidate who has not been eliminated1  
and who is not a withdrawn candidate4   
7#b7 ,highest-ranked active candidate   
,the term highest-ranked active         
candidate means the active candidate    
assigned to a higher ranking than any   
other active candidate4  7#c7           
,nonpartisan blanket primary election   
,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      
,ranking ,the term ranking means the    
number available to be assigned by a    

voter to a candidate to express the     
voter's choice for that candidate1 with 
#a as the highest ranking and each      
succeeding positive number as the next  
highest ranking4  7#e7 ,withdrawn       
candidate ,the term withdrawn candidate 
means a candidate who1 prior to the date
 of the election1 files or has an       
authorized designee file a signed letter
 of withdrawal from the election1 in    
accordance with such rules as the chief 
election official of the ,state may     
establish4  4  7b7 ,conforming amendment
 relating to applicability of           
enforcement provisions ,section #dja of 
the ,help ,america ,vote ,act of #bjjb  
7#eb ,u4,s4,c4 #baaaa7 is amended by    
striking sections #cja1 #cjb1 #cjc1 and 
#cjd 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 ,providing 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 ,treatment of ties
 between candidates4,sec4 #ccd4         
,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--;,civil ,enforcement,sec4 #cea4     
,civil enforcement4,part                
#e--;,definitions,sec4 #cfa4            
,definitions4  #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 #bjcj4