S.22 section by section walk through

Sec. 1. This is a findings section, which sets out the reasons for the bill.

Sec. 2. Adds a definition of “instant runoff method” to the definitions section of Title 17.

Sec. 3. Adds § 2473a, which provides in subsection

(a) that in statewide elections with three or more candidates, ballots consistent with the instant runoff method shall be used.
(b) The Secretary shall design the ballots allowing voters to mark their ballot ranking at least three choices
(c) The ballot design shall be easy to understand and allow voters to mark their first choice in the same way they are accustomed to if possible.
(d) Some instructions to voters are required including the fact that the voter may mark alternate choices, and that a second choice can never help defeat the first choice, etc. The Secretary of State is required to conduct voter education efforts.
(e) provides that where a percentage of the vote is used as a qualifying threshold elsewhere in Title 17 (the 5% differential when a recount may be demanded, the 25% when a party is entitled to a seat on the legislative apportionment board, and the 10% for major party status), the percentage of first choices shall be used.

Sec. 4. Amends existing authority of the Secretary of State in adopting rules specifying voting machine ballot design to also include instant runoff method ballots.

Sec. 5. 17 VSA § 2587 is amended to add gender-neutral language and make clear that a ballot with rankings for more than one candidate, in accordance with the instant runoff method is not a spoiled ballot.

Sec. 6. 17 VSA sec 2592 (h) is amended to exclude the statewide elections from the general rule (for state legislators, and county officials) that the top vote-getter is elected regardless of whether a majority is achieved. 20th century dates are updated to 21st century.

(k) The attorney general is added to this section as house-keeping. The attorney general is not a constitutional office and elsewhere is defined as elected by this same procedure.

Sec. 7. The instant runoff method of tabulating votes is fully described with the addition of 17 VSA sec. 2593.

(a) Makes clear the general rules for counting ballots in sec. 2587 still apply - such as determining spoiled ballots, validity of write-ins, etc. except where inconsistent with this new section (such as 2587 (b) that precludes marking more than one candidate for a single office).
(b) Sets out the instant runoff procedure.
(1) If a majority of first choices is found a certificate of election is prepared.
(2) If the canvassing committee can’t determine the majority winner they petition the Washington county superior court to determine the winner with the instant runoff method of retabulation using the same general procedures used for statewide recounts (subchapter 9 of chapter 51 of existing title 17).
(3) Describes the general rule of eliminating all candidates except the two with the most first choices and counting each ballot as a vote for whichever of the final candidates is ranked higher on that ballot.
(4) When the majority winner is determined a certificate of election is prepared. For the three constitutionally mandated majority requirement offices (governor, lieutenant governor and treasurer), the legislature is the final official canvassing committee - so receives the certificate for their use if they desire (which is existing language elsewhere in statute). For the other offices the certificate is signed and a certified copy sent to the secretary of state.
(5) If neither of the last two remaining candidates receives a majority, for governor, lt. governor and treasurer, a report of no election is forwarded to the general assembly, which will proceed to elect pursuant to the constitution.
(6) An exception to the above is provided for the other covered offices. Of the two final candidates, the candidate with the most votes after the retabulation, is declared the winner.
(c) (1) Acknowledges ballots may not have alternate choices remaining.
(2) Deals with how skipped or duplicate preference numbers are handled.
(3) Explains how to handle ties to reduce the field to only two final candidates.

Sec. 8. Makes clear the official canvassing committee for presidential electors also abides by the declared winner of the instant runoff method.

Sec. 9. Amends the direction to the presidential electors that they must vote for the candidate declared the winner by the instant runoff method rather than the plurality winner who may not have gotten a majority of the votes. [NOTE: it appears that the words “vice president” are deleted and then added back…This is simply because the deleted phrase contains a hyphen, as in “vice-president”, which can’t be seen due to the strike-through line. The hyphen is eliminated to conform with the modern standard spelling.]

Sec. 10. Conforms presidential elections to new section 2593 that deals with how a majority winner is determined through the instant runoff method. Existing law declares the initial top vote-getter the winner even if no majority is achieved.

Sec. 11. Adds § 2594 providing that if the constitutional canvassing committee of the legislature conducts the sorting and counting of votes itself, as provided in section 47 of the constitution, it shall use the instant runoff method.

Sec. 12. Effective date of January 1, 2004 is in time for the November election in the year 2004.