| HB 1765 - Elections; instant runoff |
First Reader Summary
A BILL to amend Article 12 of Chapter 2 of Title 21 of the
Official Code of Georgia Annotated, relating to election returns,
so as to provide for an instant runoff; to provide for the
ranking of candidates; and for other purposes.
| House |
Action |
Senate |
| 3/22/00 |
Read 1st Time |
|
HB 1765 LC 24 1792
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 12 of Chapter 2 of Title 21 of the Official
1- 2 Code of Georgia Annotated, relating to election returns, so
1- 3 as to provide for an instant runoff; to provide for the
1- 4 ranking of candidates; to provide for related matters; to
1- 5 provide an effective date; to repeal conflicting laws; and
1- 6 for other purposes.
1- 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 8 SECTION 1.
1- 9 Article 12 of Chapter 2 of Title 21 of the Official Code of
1-10 Georgia Annotated, relating to election returns, is amended
1-11 by striking Code Section 21-2-501, relating to number of
1-12 votes required for election, and inserting in lieu thereof a
1-13 new Code section to read as follows:
1-14 "21-2-501.
1-15 (a) (1) Except as otherwise provided in this Code
1-16 section, no candidate shall be nominated for public
1-17 office in any primary or elected to public office in any
1-18 special election unless such candidate shall have
1-19 received a majority of the votes cast to fill such
1-20 nomination or public office. Except for presidential
1-21 electors, to be elected to public office in a general
1-22 election, a candidate must receive a plurality of the
1-23 votes cast in an election to fill such public office.
1-24 To be elected to the office of presidential electors, no
1-25 slate of candidates shall be required to receive a
1-26 plurality of the votes cast, but that slate of
1-27 candidates shall be elected to such office which
1-28 receives the highest number of votes cast.
1-29 (2) In instances where no candidate receives a majority
1-30 of the votes cast, a run-off primary or special election
1-31 runoff between the candidates receiving the two highest
1-32 numbers of votes shall be held. Unless such date is
1-33 postponed by a court order, such run-off primary or
1-34 special election runoff shall be held on the
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2- 1 twenty-first day after the day of holding the preceding
2- 2 primary or special election, provided that, unless
2- 3 postponed by court order, a runoff in the case of a
2- 4 special primary or special election shall be held no
2- 5 sooner than the fourteenth day and no later than the
2- 6 twenty-first day after the day of holding the preceding
2- 7 special primary or special election, which run-off day
2- 8 shall be determined by the Secretary of State in a
2- 9 runoff to fill a federal or state office or by the
2-10 superintendent in a runoff to fill a county or militia
2-11 district office. If any candidate eligible to be in a
2-12 runoff withdraws, dies, or is found to be ineligible,
2-13 the remaining candidates receiving the two highest
2-14 numbers of votes shall be the candidates in the runoff.
2-15 The candidate receiving the highest number of the votes
2-16 cast in such run-off primary or special election runoff
2-17 to fill the nomination or public office sought shall be
2-18 declared the winner. The name of a write-in candidate
2-19 eligible for election in a runoff shall be printed on
2-20 the special election run-off ballot in the independent
2-21 column. The run-off primary or special election runoff
2-22 shall be a continuation of the primary or special
2-23 election for the particular office concerned. Only the
2-24 electors who were entitled to vote in the primary or
2-25 special election for candidates for that particular
2-26 office shall be entitled to vote therein, and only those
2-27 votes cast for the persons designated as candidates in
2-28 such run-off primary or special election runoff shall be
2-29 counted in the tabulation and canvass of the votes cast.
2-30 No elector shall vote in a run-off primary in violation
2-31 of Code Section 21-2-224. All primary elections for
2-32 state and federal offices in Georgia shall be elected
2-33 using a ranked choice, or 'instant runoff,' ballot
2-34 instead of a two-round runoff. The ballot shall allow
2-35 voters to indicate their first, second, and subsequent
2-36 choices among the candidates for each office. The voter
2-37 may include no more than one write-in candidate among
2-38 his or her ranked choices for each race. A voter's first
2-39 choice shall count as one vote. A candidate who
2-40 receives a majority or plurality, as appropriate, of
2-41 first choices shall be elected. If no candidate
2-42 receives such a majority or plurality, the candidate
2-43 with the fewest votes shall be declared defeated. Each
2-44 ballot for the defeated candidate shall then count as
2-45 one vote for the candidate ranked next on that ballot.
2-46 If a ballot does not rank a continuing candidate, that
-2-
3- 1 ballot is then declared noncontinuing. The process
3- 2 continues until one candidate receives a majority of the
3- 3 continuing votes. 'Continuing candidate' shall mean a
3- 4 candidate who has not been eliminated. 'Continuing
3- 5 ballot' shall mean a ballot that ranks at least one
3- 6 continuing candidate. The ballot count can be modified
3- 7 as follows: if the total number of votes of the two or
3- 8 more candidates credited with the fewest number of votes
3- 9 is less than the number of votes credited to the
3-10 candidate with the next highest number of votes, those
3-11 candidates with the fewest number of votes shall be
3-12 eliminated simultaneously. Ties between two or more
3-13 candidates shall be resolved by lot in accordance with
3-14 the general election laws of the State of Georgia.
3-15 (b) For the purposes of this subsection and
3-16 notwithstanding the provisions of paragraph (22) of Code
3-17 Section 21-2-2, the word 'plurality' shall mean the
3-18 receiving by one candidate alone of the highest number of
3-19 votes cast. If the municipal charter or ordinances of a
3-20 municipality as now existing or as amended subsequent to
3-21 September 1, 1968, provide that a candidate may be
3-22 nominated or elected by a plurality of the votes cast to
3-23 fill such nomination or public office, such provision
3-24 shall prevail. Otherwise, no municipal candidate shall be
3-25 nominated for public office in any primary or elected to
3-26 public office in any election unless such candidate shall
3-27 have received a majority of the votes cast to fill such
3-28 nomination or public office.
3-29 (c) A municipality may elect to use the instant run-off
3-30 method described in this Code section or it may elect to
3-31 hold run-off primaries and elections. In instances in
3-32 which no municipal candidate receives a majority of the
3-33 votes cast and the municipal charter or ordinances do not
3-34 provide for nomination or election by a plurality vote, a
3-35 run-off primary or election shall be held between the
3-36 candidates receiving the two highest numbers of votes.
3-37 Such runoff shall be held not earlier than the fourteenth
3-38 day and not later than the twenty-first day after the day
3-39 of holding the first primary or election on a date
3-40 specified by municipal ordinance or resolution, unless
3-41 such run-off date is postponed by court order. Only the
3-42 electors entitled to vote in the first primary or election
3-43 shall be entitled to vote in any run-off primary or
3-44 election resulting therefrom; provided, however, that no
3-45 elector shall vote in a run-off primary in violation of
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4- 1 Code Section 21-2-216. The run-off primary or election
4- 2 shall be a continuation of the first primary or election,
4- 3 and only those votes cast for the candidates receiving the
4- 4 two highest numbers of votes in the first primary or
4- 5 election shall be counted. No write-in votes may be cast
4- 6 in such a primary, run-off primary, or run-off election.
4- 7 If any candidate eligible to be in a runoff withdraws,
4- 8 dies, or is found to be ineligible, the remaining
4- 9 candidates receiving the two highest numbers of votes
4-10 shall be the candidates in such runoff. The municipal
4-11 candidate receiving the highest number of the votes cast
4-12 in such run-off primary or election to fill the nomination
4-13 or public office sought shall be declared the winner.
4-14 (d) The name of a municipal write-in candidate eligible
4-15 for election in a municipal runoff shall be printed on the
4-16 municipal run-off election ballot in the independent
4-17 column.
4-18 (e) In all cities having a population in excess of 100,000
4-19 according to the United States decennial census of 1980 or
4-20 any future such census, in order for a municipal candidate
4-21 to be nominated for public office in any primary or
4-22 elected to public office in any municipal election, he or
4-23 she must receive a majority of the votes cast. (f) Except for presidential electors, to be elected to
4-25 public office in a general election, a candidate must
4-26 receive a plurality of the votes cast in an election to
4-27 fill such public office. To be elected to the office of
4-28 presidential electors, no slate of candidates shall be
4-29 required to receive a plurality of the votes cast, but
4-30 that slate of candidates shall be elected to such office
4-31 which receives the highest number of votes cast. (g) In the event that no candidate receives a plurality of
4-33 the votes cast in a general election or more than one
4-34 candidate in a general election, special election runoff,
4-35 or run-off primary receives the highest number of votes
4-36 cast, a runoff of the general election, special election
4-37 runoff, or run-off primary between the candidates
4-38 receiving the two highest numbers of votes shall be held.
4-39 Unless such date is postponed by a court order, such
4-40 runoff shall be held on the twenty-first day after the day
4-41 of holding the preceding general election, special
4-42 election runoff, or run-off primary; provided that, unless
4-43 postponed by court order, a runoff resulting from a
4-44 special election runoff or a special primary runoff shall
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5- 1 be held no sooner than the fourteenth day and no later
5- 2 than the twenty-first day after the day of holding the
5- 3 preceding special election runoff or special primary
5- 4 runoff, which run-off day shall be determined by the
5- 5 Secretary of State in a runoff to fill a federal or state
5- 6 office or by the superintendent in a runoff to fill a
5- 7 county or militia district office. If any candidate
5- 8 eligible to be in such runoff withdraws, dies, or is found
5- 9 to be ineligible, the remaining candidates receiving the
5-10 two highest numbers of votes shall be the candidates in
5-11 the runoff. The candidate receiving the highest number of
5-12 the votes cast in such runoff to fill the nomination or
5-13 public office such candidate seeks shall be declared the
5-14 winner. The name of a write-in candidate eligible for
5-15 election in a runoff shall be printed on the run-off
5-16 election ballot in the independent column. The runoff of
5-17 a run-off primary or special election runoff shall be a
5-18 continuation of the primary or special election for the
5-19 particular office concerned, and the run-off election of a
5-20 general election shall be a continuation of the general
5-21 election for the particular office concerned. Only the
5-22 electors who were entitled to vote for that particular
5-23 office in such primary or special election or general
5-24 election, respectively, shall be entitled to vote therein,
5-25 and only those votes cast for the persons designated as
5-26 candidates in such runoff shall be counted in the
5-27 tabulation and canvass of the votes cast. No elector
5-28 shall vote in a run-off primary in violation of Code
5-29 Section 21-2-224."
5-30 SECTION 2.
5-31 This Act shall become effective July 1, 2002.
5-32 SECTION 3.
5-33 All laws and parts of laws in conflict with this Act are
5-34 repealed.
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/24/00
