Overview

Title

To establish the use of ranked choice voting in elections for the offices of Senator and Representative in Congress, and for other purposes.

ELI5 AI

The bill wants to let people choose their favorite to least favorite candidates when voting for Senators and Representatives, kind of like picking your favorite ice cream flavors in order. It promises to help pay for the changes needed, but some are worried about how this money will be given out and used.

Summary AI

H.R. 9578, known as the “Ranked Choice Voting Act,” aims to implement ranked choice voting in all federal elections for Senators and Representatives in Congress. This system allows voters to rank candidates in order of preference, and it eliminates the need for separate runoff elections. The bill establishes guidelines for ballot design, tabulation processes, and civil enforcement, and includes provisions for federal payments to states to help cover implementation costs. It does not impact how states conduct elections for state or local offices and will take effect for federal elections starting January 1, 2027.

Published

2024-09-12
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-12
Package ID: BILLS-118hr9578ih

Bill Statistics

Size

Sections:
16
Words:
4,412
Pages:
21
Sentences:
130

Language

Nouns: 1,291
Verbs: 348
Adjectives: 240
Adverbs: 39
Numbers: 128
Entities: 184

Complexity

Average Token Length:
4.26
Average Sentence Length:
33.94
Token Entropy:
5.36
Readability (ARI):
19.21

AnalysisAI

Overview of the Bill

The proposed legislation, titled the "Ranked Choice Voting Act," seeks to implement ranked choice voting (RCV) for elections to the offices of Senator and Representative in Congress. This voting method allows voters to rank candidates in order of preference, which can decrease the need for additional runoff elections by determining a clear winner through this preferential system. The bill outlines detailed procedures for conducting elections using RCV, including specific requirements for ballot design, counting procedures, and handling ties. It also prescribes mechanisms for civil enforcement and the distribution of federal funds to assist states in implementing this system.

Significant Issues

Financial and Operational Burdens

One of the primary concerns surrounding this bill is the potential financial and operational burden it places on states. Implementing a new voting system like RCV requires changes to voting infrastructure and processes. The bill does provide for federal payments to support these changes, yet the language around funding lacks clarity. There are no specific guidelines dictating how much each state will receive within the stipulated $4 to $8 per registered voter range. This ambiguity could lead to disparities and financial strains, especially for states with limited resources.

Increase in Litigation

The act permits private citizens to bring civil actions if they believe a state is not complying with the RCV requirements. These cases are concentrated in specific federal courts, which might cause delays and congestion. Given the complexity of election laws and the potential for numerous lawsuits, the judicial process could become prolonged and could inadvertently affect the electoral timeline.

Tie-Breaking Ambiguity

The mechanism by which ties in vote counts are resolved is another noteworthy issue. The bill allows states to decide on tie-breaking methods, including drawing lots, but does not ensure uniform application across different jurisdictions. This might lead to inconsistent practices and can impact the fairness and transparency of election outcomes.

Lack of Oversight Mechanisms

Despite the comprehensive approach to implementing RCV, the bill does not establish clear oversight or auditing systems to ensure the integrity and accuracy of the vote tabulation process. This omission could lead to inefficiencies and potentially diminish public confidence in the electoral process if counting errors occur without proper checks.

Public Impact

The transition to RCV as mandated by the bill could have a broad impact on both the election experience and outcomes for voters. For citizens, particularly those unfamiliar with RCV, the learning curve might initially cause confusion. However, the system can ultimately encourage more diverse candidate participation and lessen the prevalence of negative campaigning, as candidates aim to become voters' second or third choices.

For states, while the change could bring about initial financial challenges due to necessary technological upgrades and educational campaigns for voters, it might result in long-term savings by eliminating the cost of additional runoff elections. Administration of elections could become more streamlined once the RCV system is fully implemented and understood.

Stakeholder Impact

Specific groups might experience distinct effects from this legislative change.

Election Officials

State and local election officials would bear a significant responsibility in rolling out the new system. Training poll workers and educating the public will be crucial to a smooth transition. The lack of specific guidance around funding allocations might strain their resources and operations.

Political Candidates and Parties

Candidates might adapt their campaign strategies to appeal to a broader range of voters, given that being a preferred second or third choice could be pivotal under RCV. Political parties may also have to rethink their endorsements and coalition-building strategies.

Voters

The general public, especially those in states unfamiliar with RCV, will need adequate resources to understand how to rank candidates effectively. Voter education initiatives will be vital to prevent disenfranchisement due to misunderstandings about the voting process.

In summary, the "Ranked Choice Voting Act" presents an opportunity to modernize and potentially improve the electoral process but also poses significant challenges that need to be addressed to ensure its equitable and efficient implementation. The promise of reducing electoral costs and promoting more representative outcomes comes with the need for clear guidelines and robust support systems to navigate the initial hurdles.

Financial Assessment

The bill, H.R. 9578, known as the “Ranked Choice Voting Act,” contains several financial elements that are crucial to understand for a comprehensive view of its impact.

Financial Allocation and Spending

The act includes a provision for payments to states to implement ranked choice voting (RCV). Specifically, Section 341 outlines that states will receive financial support from the federal government to cover costs associated with transitioning to RCV. This support is based on the number of registered voters in each state. The payment amount is calculated as the product of the number of registered voters and a per capita amount between $4 and $8. The variables considered in these costs include updating voting equipment, software licensing, programming systems, ballot design and printing, and training election officials. Additionally, funds will cover post-election audits and voter education.

Relation to Identified Issues

  1. Implementation Costs and Financial Burden: One of the identified issues is the potential financial and operational burden that implementing RCV could impose on states. While the bill specifies financial support, it might not be sufficient or clearly defined, given the wide range ($4 to $8 per voter) and the lack of specific criteria for determining the exact payment within this range. This ambiguity could cause disparities among states, with some potentially receiving inadequate funds to cover their actual costs.

  2. Vagueness in Financial Distribution: The process for determining how much each state receives is not explicitly outlined, which may lead to inconsistent funding allocation and disputes. The lack of detailed criteria for these payments can lead to claims of unfair treatment between states, potentially causing differences in how effectively RCV is implemented.

  3. Transparency and Accountability in Fund Usage: There is concern about the transparency and accountability regarding how states will use these allocated funds. Without concrete oversight mechanisms, there is a risk of inefficient or inappropriate use of funds, which could undermine the intended improvements in voting infrastructure and voter education.

Conclusion

While the financial provisions within the Ranked Choice Voting Act offer notable support to facilitate the transition to ranked choice voting, the lack of specific guidance on payment calculations and use of funds could lead to challenges in implementation. The bill’s success in achieving fair and efficient elections heavily depends on effectively addressing these financial issues and ensuring a transparent and consistent distribution of funds.

Issues

  • The requirement of ranked choice voting (RCV) for federal elections could impose significant financial and operational burdens on states without providing clear funding assistance or guidelines for implementation (Section 2). This may lead to financial strain and inefficiencies in adapting existing voting infrastructure.

  • The language regarding payments to states for implementing RCV lacks clarity and could lead to inconsistent allocation of funds across states, as there are no clear criteria for determining payment amounts within the provided range (Section 341). This vagueness could result in potential inequalities and financial disputes between states.

  • The provision allowing civil actions by private individuals in federal courts might lead to increased litigation. The exclusive jurisdiction given to specific courts could create bottlenecks and delay in resolving disputes, thus potentially affecting electoral timelines and fairness (Section 351).

  • The lack of a concrete mechanism to ensure transparency and accountability in how states utilize funds for RCV implementation might lead to wasteful spending or misuse of allocated funds (Sections 2, 341).

  • The bill does not address the potential financial savings or impacts from prohibiting additional runoff elections, leaving important cost-related considerations unanswered (Section 322).

  • Ambiguity in the language related to tie-breaking procedures and the treatment of ties between candidates could lead to inconsistencies and biases in the electoral process, affecting public trust in the fairness of elections (Section 333).

  • The instructions regarding ballot design for RCV lack specific detail, which could lead to voter confusion and inconsistent practices across states, potentially undermining the effectiveness of the voting system (Section 321).

  • Potential for accessibility barriers and prolonged litigation processes exists due to the complexity of legal enforcement proceedings, including multiple court layers and expedited review requirements (Section 351).

  • The bill does not explicitly detail oversight or audit mechanisms to ensure the integrity of the tabulation process under RCV, which could raise transparency and accountability concerns (Section 331).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; finding of constitutional authority Read Opens in new tab

Summary AI

Congress finds it has the power to require States to use ranked choice voting for electing Senators and Representatives because the Constitution allows it to set rules for federal elections. This Act is called the "Ranked Choice Voting Act".

2. Requiring ranked choice voting for election of Senators and Representatives Read Opens in new tab

Summary AI

The bill introduces ranked choice voting for elections of Senators and Representatives, where voters rank candidates by preference, eliminating separate runoff elections and allowing at least five rankings on ballots. It outlines rules for nonpartisan primaries, defines the counting process, includes provisions for payments to states to support implementation, and details civil and legal enforcement methods.

Money References

  • — “(A) IN GENERAL.—The amount determined under this paragraph is the product of— “(i) the number of individuals registered to vote in elections for Federal office in the State, based on the most recently available information on voter registration in the State, as provided to the Commission by the State; and “(ii) the per capita amount established by the Commission under subparagraph (B). “(B) PER CAPITA AMOUNT.—For purposes of this paragraph, the Commission shall establish a separate, appropriate per capita payment amount for each State that may be not less than $4 and not more than $8, taking into account any reasonable demonstrated or estimated costs associated with the use of ranked choice voting, including costs related to— “(i) voting equipment updates; “(ii) election software updates or licenses; “(iii) voting system programming; “(iv) ballot design and printing; “(v) election official and poll worker training; “(vi) processing, canvassing, centralization, and tabulation; “(vii) reporting and displaying preliminary and final election results; “(viii) post-election audits and recounts; and “(ix) voter information, education, and engagement. “(b) Use of funds.—A State shall use the payment made under subsection (a) to implement ranked choice voting under this subtitle, including educating voters about ranked choice voting. “(c) Authorization of appropriations.—There are authorized to be appropriated such sums as may be necessary for payments under this section. “PART 4—Civil enforcement “SEC. 351. Civil enforcement. “

321. Requiring ranked choice voting for election of Senators and Representatives Read Opens in new tab

Summary AI

The section requires that all U.S. states use ranked choice voting in elections for Senators and Representatives, where voters can rank candidates in order of preference. The ballots must allow voters to rank at least five candidates, include all qualified and write-in candidates if allowed by state law, and provide clear instructions for ranking and voting properly.

322. Prohibiting additional runoff elections Read Opens in new tab

Summary AI

The section of the bill prohibits states from holding separate runoff elections for the offices of Senator or Representative in Congress after the primary, general, or special election dates already set by state or federal law.

323. Treatment of primary elections Read Opens in new tab

Summary AI

A state can hold a nonpartisan blanket primary election for Congress positions if state law allows at least three candidates to go on to the general election. Additionally, states are not required to hold primary elections before the general election date as long as winners are decided only by votes from that election, following the ranked choice voting system.

324. Application to District of Columbia and territories Read Opens in new tab

Summary AI

In this section, the term "Representative" is defined to include Delegates and Resident Commissioners to Congress. Additionally, it states that the rules in this subtitle apply to the Northern Mariana Islands just like they do to any U.S. state.

331. Tabulation process Read Opens in new tab

Summary AI

In this section, the process for counting election ballots is described, including how votes are counted for the highest-ranked active candidates, how candidates are eliminated, and how final results are determined. It also explains how undervotes, inactive ballots, skipped rankings, and repeated rankings are treated during tabulation.

332. Special rules for nonpartisan blanket primary elections Read Opens in new tab

Summary AI

In a nonpartisan blanket primary election, each voter's ballot counts as one vote for their highest-ranked active candidate, and candidates are eliminated in rounds until the number of active candidates matches the number allowed to advance to the general election. Once the number of active candidates is appropriate, those remaining will proceed to the general election.

333. Treatment of ties between candidates Read Opens in new tab

Summary AI

In the case of a tie between candidates during vote counting, it will be resolved by a random method like drawing lots, or as state law specifies. This rule applies to both initial counts and recounts, and ties with the least votes are resolved on the same day as the count.

334. Determination of votes cast for candidates of political parties for purposes of access to ballot in federal elections Read Opens in new tab

Summary AI

For a state to decide if candidates from a political party can be included on the ballot in future federal elections, it must use the highest number of votes that the candidate received in any round of vote counting during the election.

341. Payments to States to implement ranked choice voting Read Opens in new tab

Summary AI

The section outlines that by June 1, 2025, the Commission will provide payments to each state to support ranked choice voting. The payment amount depends on the number of registered voters and an established per capita amount, which ranges from $4 to $8, covering costs like voting equipment updates and voter education.

Money References

  • — (A) IN GENERAL.—The amount determined under this paragraph is the product of— (i) the number of individuals registered to vote in elections for Federal office in the State, based on the most recently available information on voter registration in the State, as provided to the Commission by the State; and (ii) the per capita amount established by the Commission under subparagraph (B). (B) PER CAPITA AMOUNT.—For purposes of this paragraph, the Commission shall establish a separate, appropriate per capita payment amount for each State that may be not less than $4 and not more than $8, taking into account any reasonable demonstrated or estimated costs associated with the use of ranked choice voting, including costs related to— (i) voting equipment updates; (ii) election software updates or licenses; (iii) voting system programming; (iv) ballot design and printing; (v) election official and poll worker training; (vi) processing, canvassing, centralization, and tabulation; (vii) reporting and displaying preliminary and final election results; (viii) post-election audits and recounts; and (ix) voter information, education, and engagement. (b) Use of funds.—A State shall use the payment made under subsection (a) to implement ranked choice voting under this subtitle, including educating voters about ranked choice voting.

351. Civil enforcement Read Opens in new tab

Summary AI

The section outlines the civil enforcement measures related to this law, detailing how the Attorney General or any aggrieved person can bring a civil lawsuit in federal court if certain legal requirements are not met by a State. It covers the jurisdiction of these cases, the appeals process, expedited court handling, and special rules if court decisions are not expected three months before an election, along with provisions about attorney fees and the relation to other laws.

361. Definitions Read Opens in new tab

Summary AI

This section defines terms related to elections, including "active candidate" as those still in consideration, "highest-ranked active candidate" as the top choice among current candidates, "nonpartisan blanket primary election" as an open primary election regardless of party, "ranking" as the order of preference assigned by voters, and "withdrawn candidate" as a candidate who has officially exited the race before election day.

3. No effect on elections for State and local office Read Opens in new tab

Summary AI

This section states that the Act does not change how states conduct their elections for state or local offices.

4. Severability Read Opens in new tab

Summary AI

If any part of this Act or its amendments are found to be unconstitutional, the rest of the Act will still remain in effect and apply to other people and situations.

5. Effective date Read Opens in new tab

Summary AI

This section states that the law and its changes will take effect starting with federal elections occurring on or after January 1, 2027.