10C Action 2010 0119 - Laserfiche WebLink

Home

To: Marian Handa From: Jayne Williams, City Attorney Richard D. Pio Roda, Assistant City Attorney Re: City Attorney Opinion -Instant Run-Off Voting Procedure Date: January 11, 2010 Page: 2 Legitimacy of an Instant Run-Off Votinq System to Determine the Fifty Percent (50%) plus one City Charter Requirement The City proposes a ranked choice voting method for the instant run-off voting system. Voters will be given a list of candidates, and must rank the candidates according to each voter's first, second and third choice for each such office. Each ranked choice vote would be counted as a vote cast for that office should successive rounds of vote counting be necessary. Thus, ranking a candidate more than once does not benefit a candidate. If a voter ranks one candidate as the voter's first, second and third choice, it is the same as if the voter leaves the second and third choices blank. In addition, if a voter gives more than one candidate the same ranking, the vote cannot be counted (such an outcome is also called an "overvote"). Only one candidate can represent a voter's first, second, and third choice. Therefore, it is possible that under a rank choice voting system the number of votes that the winning candidate receives may be less than a majority of the number of actual voters who participated in the election. Such a result is consistent with and does not conflict with the City Charter because under a rank choice voting system, the winning candidate who receives a majority of "votes cast" for that office in a particular round (1, 2 or 3) will have received fifty percent (50%) plus one of the continuing ballots that contained the votes cast for that office. Rank Choice Votinq Methodology Under a rank choice voting system the votes cast will be counted as follows: 1. To start, every first choice vote is counted. Any candidate who receives 50% plus one of the first choice votes is declared the winner. 2. If no candidate receives more than 50% plus one of first choice votes, a process of eliminating candidates and transferring votes begins.: • First, the candidate who received the fewest number of first choice votes is eliminated from the race. • Second, voters who selected the eliminated candidate as their first choice will have their vote transferred to their second choice. • Third, all the votes are recounted. 3. Once the votes are recounted, if any candidate has received more than 50% plus one of the votes cast, he or she is declared the winner. 4. If no candidate receives more than 50% plus one of the votes cast, the process of eliminating candidates and transferring votes is repeated until one candidate obtains the requisite 50% plus one of the votes cast for that office. Conclusion The proposed rank choice voting process establishes that a winning candidate must obtain 50% plus one of the votes cast for that office in order to be elected. Ballots would be recounted as votes cast in the event successive rounds are necessary to determine which candidate garnered the majority of the votes cast.