Int. No. 314
By Council Members Morano, Louis and Paladino
A Local Law to amend the New York city charter, in relation to requiring nonpartisan ranked choice elections for any elective municipal office
Be it enacted by the Council as follows:
Section 1. Subdivision c of section 10 of the New York city charter is amended to read as follows:
c. 1. Within [three] 3 days of the occurrence of a vacancy in the office of the mayor, the person acting as mayor shall proclaim the date for the election or elections required by this subdivision, provide notice of such proclamation to the city clerk and the board of elections and publish notice thereof in the City Record. After the proclamation of the date for an election to be held pursuant to paragraphs [four] 4 or [five] 5 of this subdivision, the city clerk shall publish notice thereof not less than twice in each week preceding the date of such election in newspapers distributed within the city, and the board of elections shall mail notice of such election to all registered voters within the city.
2. If a vacancy occurs during the first [three] 3 years of the term, a general election to fill the vacancy for the remainder of the unexpired term shall be held in the year in which the vacancy occurs, unless the vacancy occurs after the last day on which an occurring vacancy may be filled at the general election in that same year [with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law]. If such a vacancy occurs in any year after such last day, it shall be filled for the remainder of the unexpired term at the general election in the following year provided, however, that no general election to fill a vacancy shall be held in the last year of the term, except as provided in paragraph [nine] 9 of this subdivision. [Party nominations of candidates for a general election to fill a vacancy for the remainder of the unexpired term shall be made at a primary election, except as provided in paragraph five of this subdivision.]
3. If a special or general election to fill the vacancy on an interim basis has not been previously held pursuant to paragraphs [four] 4, [six] 6, [seven] 7, and [eight] 8 of this subdivision, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office immediately upon qualification and shall serve until the term expires. If a special or general election to fill the vacancy on an interim basis has been previously held, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office on January first of the year following such general election and shall serve until the term expires.
4. If a vacancy occurs during the first [three] 3 years of the term and on or before the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election [with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law,] a special or general election to fill the vacancy on an interim basis shall be held, unless the vacancy occurs less than [ninety] 90 days before the next [primary election at which party nominations for a general election to fill the vacancy may be made and on or before the last day on which an occurring vacancy may be filled for the remainder of the unexpired term at the] general election in the same year in which the vacancy occurs [with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law].
5. If a vacancy occurs after the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election in each year [with party nominations of candidates for such election are being made at a primary election, as provided in section 6-116 of the election law], but not less than [ninety] 90 days before the date of the [primary] general election in the fourth year of such term, a special or general election to fill such vacancy for the remainder of the unexpired term shall be held.
6. Elections held pursuant to paragraph [four] 4 or [five] 5 of this subdivision shall be scheduled in the following manner: A special election to fill the vacancy shall be held on the first Tuesday at least [eighty] 80 days after the occurrence of the vacancy, provided that the person acting as mayor, in the proclamation required by paragraph [one] 1 of this subdivision, may schedule such election for another day not more than [ten] 10 days after such Tuesday and not less than [sixty] 60 days after such proclamation if the person acting as mayor determines that such rescheduling is necessary to facilitate maximum voter participation; except that
(a) if the vacancy occurs before August [seventeenth] 17 in any year and the first Tuesday at least [eighty] 80 days after the occurrence of the vacancy is less than [ninety] 90 days before a regularly scheduled general election, the vacancy shall be filled at such general election;
(b) if the vacancy occurs before August [seventeenth] 17 in any year and the first Tuesday at least [eighty] 80 days after the occurrence of the vacancy is after a regularly scheduled general election, the vacancy shall be filled at such general election; and
(c) if the vacancy occurs on or after August [seventeenth] 17 in any year and the first Tuesday at least [eighty] 80 days after the occurrence of the vacancy is after, but less than [thirty] 30 days after, a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year.
7. All nominations for elections to fill vacancies held pursuant to paragraphs [four] 4 and [five] 5 of this subdivision shall be by independent nominating petition. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph [one] 1 of this subdivision shall not be counted.
8. A person elected to fill a vacancy in the office of the mayor at an election held pursuant to paragraph [four] 4 of this subdivision shall take office immediately upon qualification and serve until December [thirty-first] 31 of the year in which the vacancy is filled for the remainder of the unexpired term pursuant to paragraph [two] 2 of this subdivision. A person elected to fill a vacancy in the office of the mayor at an election held pursuant to paragraph [five] 5 of this subdivision shall take office immediately upon qualification and serve until the term expires.
9. If a vacancy occurs less than [ninety] 230 days before the date of the [primary] general election in the last year of the term, the person elected at the general election in such year for the next succeeding term shall take office immediately upon qualification and fill the vacancy for the remainder of the unexpired term.
10. If an election is held pursuant to this subdivision for which nominations were made by independent nominating petitions, and if such election has not utilized ranked choice voting as provided in section 1057-g, and if at such election, no candidate receives [forty] 40 percent or more of the vote, the [two] 2 candidates receiving the most votes shall advance to a runoff election which shall be held on the second Tuesday next succeeding the date on which such election was held.
§ 2. Subdivision c of section 24 of the New York city charter is REPEALED and a new subdivision c is added to read as follows:
c. Any vacancy in the office of public advocate shall be filled by popular election in the following manner.
1. Notice. (a) Within 3 days of the occurrence of a vacancy in the office of public advocate, the mayor shall (i) proclaim the date for the election required by this subdivision; (ii) provide notice of such proclamation to the city clerk and the board of elections; and (iii) publish notice thereof in the City Record.
(b) After the proclamation of the date for an election to be held pursuant this subdivision, the city clerk shall publish notice thereof not less than twice in each week preceding the date of such election in newspapers distributed within the city.
(c) The board of elections shall mail notice of such election to all registered voters within the city.
2. Nominations. All nominations for an election held pursuant to this subdivision shall be by independent nominating petition as set out in article 6 of the election law. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph 1 of this subdivision shall not be counted.
3. Holding of special election. (a) Any vacancy shall be filled by special election when the vacancy occurs (i) during the first 3 years of a term or (ii) in the fourth year of a term if there are more than 230 days between the occurrence of the vacancy and the date of the general election.
(b) If a vacancy occurs in the fourth year of a term and there are fewer than 230 days between the occurrence of the vacancy and the date of the general election, the vacancy shall not be filled by special election. In such case, the person elected at the general election in such year for the next succeeding term shall take office immediately upon qualification and serve the remainder of the unexpired term.
4. Scheduling. A special election to fill a vacancy shall be held on the first Tuesday at least 45 days after the occurrence of the vacancy, provided that the mayor, in the proclamation required by paragraph 1 of this subdivision, may schedule such election for another day no more than 10 days after such Tuesday and no fewer than 40 days after the proclamation if the mayor determines that rescheduling is necessary to facilitate maximum voter participation; except that:
(a) If the vacancy occurs before September 20 and such first Tuesday is fewer than 90 days before a regularly scheduled general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(b) If the vacancy occurs before September 20 and such first Tuesday is after a regularly scheduled general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(c) If the vacancy occurs on or after September 20 and such first Tuesday is fewer than 30 days after a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year; and
(d) If the vacancy occurs during the first 3 years of a term and such first Tuesday is fewer than 30 days before a primary election for a state or federal office, the vacancy shall be filled at a special election that occurs on the same day as such primary election.
5. Term. A person elected to fill a vacancy pursuant to this subdivision shall take office immediately upon qualification and serve the remainder of the unexpired term.
§ 3. Subdivision b of section 25 of the New York city charter is REPEALED and a new subdivision b is added to read as follows:
b. Any vacancy that may occur among the council members shall be filled by popular election in the following manner.
1. Notice. (a) Within 3 days of the occurrence of a vacancy in the council, the mayor shall (i) proclaim the date for the election required by this subdivision; (ii) provide notice of such proclamation to the city clerk and the board of elections; and (iii) publish notice thereof in the City Record.
(b) After the proclamation of the date for an election to be held pursuant this subdivision, the city clerk shall publish notice thereof not less than twice in each week preceding the date of such election in newspapers distributed within the city.
(c) The board of elections shall mail notice of such election to all registered voters within the district in which the election is to be held.
2. Nominations. All nominations for an election held pursuant to this subdivision shall be by independent nominating petition as set out in article 6 of the election law. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph 1 of this subdivision shall not be counted.
3. Holding of special election. (a) Any vacancy shall be filled by special election when the vacancy occurs (i) during the first 3 years of a 4-year term; (ii) in the first year of a 2-year term; (iii) in the fourth year of a 4-year term if there are more than 230 days between the occurrence of the vacancy and the date of the general election; or (iv) in the second year of a 2-year term if there are more than 230 days between the occurrence of the vacancy and the date of the general election.
(b) If a vacancy occurs in the last year of a term and there are fewer than 230 days between the occurrence of the vacancy and the date of the general election, the vacancy shall not be filled by special election. In such case, the person elected at the general election in such year for the next succeeding term shall take office immediately upon qualification and serve the remainder of the unexpired term.
4. Scheduling. A special election to fill a vacancy shall be held on the first Tuesday at least 45 days after the occurrence of the vacancy, provided that the mayor, in the proclamation required by paragraph 1 of this subdivision, may schedule such election for another day no more than 10 days after such Tuesday and no less than 40 days after the proclamation if the mayor determines that rescheduling is necessary to facilitate maximum voter participation; except that:
(a) If the vacancy occurs before September 20 and such first Tuesday fewer than 90 days before a regularly scheduled general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(b) If the vacancy occurs before September 20 and such first Tuesday is after a regularly scheduled general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(c) If the vacancy occurs on or after September 20 and such first Tuesday is less than 30 days after a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year; and
(d) If the vacancy occurs during the first 3 years of a 4-year term or the first year of a 2-year term and such first Tuesday falls 30 or fewer days before a primary election for a state or federal office, the vacancy shall be filled at a special election that occurs on the same day as such primary election.
5. Term. A person elected to fill a vacancy pursuant to this subdivision shall take office immediately upon qualification and serve the remainder of the unexpired term.
§ 4. Subdivision b of section 81 of the New York city charter, as amended by local law number 27 for the year 2002, is amended to read as follows:
b. The borough president shall be elected by the electors of the borough at the same time and for the same term as [in this charter] prescribed for the mayor, except as provided pursuant to subdivision e of this section. A borough president who resigns or is removed from office prior to the completion of a full term shall be deemed to have served a full term for the purposes of section 1138 [of the charter].
§ 5. Subdivision e of section 81 of the New York city charter is REPEALED and a new subdivision e is added to read as follows:
e. Any vacancy in the office of a borough president shall be filled by popular election in the manner set out in this subdivision. Until a successor is elected, the deputy borough president or the executive assistant, in the order of priority specified by the borough president pursuant to subdivision 1 of section 82, shall act as borough president.
1. Notice. (a) Within 3 days of the occurrence of a vacancy in the office of a borough president, the mayor shall (i) proclaim the date for the election required by this subdivision; (ii) provide notice of such proclamation to the city clerk and the board of elections; and (iii) publish notice thereof in the City Record.
(b) After the proclamation of the date for an election to be held pursuant this subdivision, the city clerk shall publish notice thereof not less than twice in each week preceding the date of such election in newspapers distributed within the city.
(c) The board of elections shall mail notice of such election to all registered voters within the appropriate borough.
2. Nominations. All nominations for an election held pursuant to this subdivision shall be by independent nominating petition as set out in article 6 of the election law. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph 1 of this subdivision shall not be counted.
3. Holding of special election. (a) Any vacancy shall be filled by special election when the vacancy occurs (i) during the first 3 years of a term or (ii) in the fourth year of a term if there are more than 230 days between the occurrence of the vacancy and the date of the general election.
(b) If a vacancy occurs in the fourth year of a term and there are fewer than 230 days between the occurrence of the vacancy and the date of the general election, the vacancy shall not be filled by special election. In such case, the person elected at the general election in such year for the next succeeding term shall take office immediately upon qualification and serve the remainder of the unexpired term.
4. Scheduling. A special election to fill a vacancy shall be held on the first Tuesday at least 45 days after the occurrence of the vacancy, provided that the mayor, in the proclamation required by paragraph 1 of this subdivision, may schedule such election for another day no more than 10 days after such Tuesday and no less than 40 days after the proclamation if the mayor determines that rescheduling is necessary to facilitate maximum voter participation; except that:
(a) If the vacancy occurs before September 20 and such first Tuesday is less than 90 days before a regularly scheduled general election or between a primary and a general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(b) If the vacancy occurs before September 20 and such first Tuesday is after a regularly scheduled general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(c) If the vacancy occurs on or after September 20 and such first Tuesday is less than 30 days after a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year; and
(d) If the vacancy occurs during the first three years of a term and such first Tuesday falls 30 or fewer days before a primary election for state or federal office, the vacancy shall be filled at a special election that occurs on the same day as such primary election.
5. Term. A person elected to fill a vacancy pursuant to this subdivision shall take office immediately upon qualification and serve the remainder of the unexpired term.
§ 6. Section 91 of the New York city charter is REPEALED and a new section 91 is added to read as follows:
§ 91. Election; term; salary; vacancy.
a. The comptroller shall be elected by the electors of the city at the same time and for the same terms as prescribed for the mayor, except as provided pursuant to subdivision d of this section.
b. A comptroller who resigns or is removed from office prior to completion of a full term shall be deemed to have served a full term for purposes of section 1138.
c. The salary of the comptroller shall be $243,000 per year.
d. Any vacancy in the office of the comptroller shall be filled by popular election in the manner set out in this subdivision.
1. Succession in interim. The first deputy comptroller shall act as comptroller in the event of a vacancy in the office until a successor is elected; whenever the comptroller is prevented from attending to the duties of the office because of sickness, absence from the city or suspension from office; or while the comptroller is acting as mayor. If the first deputy comptroller is unable to act as comptroller because of illness or absence, the second deputy comptroller shall act as comptroller. If the second deputy comptroller is unable to act as comptroller because of illness or absence, the third deputy comptroller shall act as comptroller.
2. Notice. (a) Within 3 days of the occurrence of a vacancy in the office of the comptroller, the mayor shall (i) proclaim the date for the election required by this subdivision; (ii) provide notice of such proclamation to the city clerk and the board of elections; and (iii) publish notice thereof in the City Record.
(b) After the proclamation of the date for an election to be held pursuant this subdivision, the city clerk shall publish notice thereof not less than twice in each week preceding the date of such election in newspapers distributed within the city.
(c) The board of elections shall mail notice of such election to all registered voters within the city.
3. Nominations. All nominations for an election held pursuant to this subdivision shall be by independent nominating petition as set out in article 6 of the election law. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph 2 of this subdivision shall not be counted.
4. Holding of special election. (a) Any vacancy shall be filled by special election when the vacancy occurs (i) during the first 3 years of a term or (ii) in the fourth year of a term if there are more than 230 days between the occurrence of the vacancy and the date of the general election.
(b) If a vacancy occurs in the fourth year of a term and there are fewer than 230 days between the occurrence of the vacancy and the date of the general election, the vacancy shall not be filled by special election. In such case, the person elected at the general election in such year for the next succeeding term shall take office immediately upon qualification and serve the remainder of the unexpired term.
5. Scheduling. A special election to fill a vacancy shall be held on the first Tuesday at least 45 days after the occurrence of the vacancy, provided that the mayor, in the proclamation required by paragraph 2 of this subdivision, may schedule such election for another day no more than 10 days after such Tuesday and no less than 40 days after the proclamation if the mayor determines that rescheduling is necessary to facilitate maximum voter participation; except that:
(a) If the vacancy occurs before September 20 and such first Tuesday is less than 90 days before a regularly scheduled general election or between a primary and a general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(b) If the vacancy occurs before September 20 and such first Tuesday is after a regularly scheduled general election, the vacancy shall be filled at a special election that occurs on the same day as such general election;
(c) If the vacancy occurs on or after September 20 and such first Tuesday is less than 30 days after a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year; and
(d) If the vacancy occurs during the first three years of a term and such first Tuesday falls 30 or fewer days before a primary election for state or federal office, the vacancy shall be filled at a special election that occurs on the same day as such primary election.
6. Term. A person elected to fill a vacancy pursuant to this subdivision shall take office immediately upon qualification and serve the remainder of the unexpired term.
§ 7. Subdivision c of section 94 of the New York city charter is REPEALED.
§ 8. The heading of section 1057-g of the New York city charter, as amended by chapter 481 of the laws of New York of 2023, is amended to read as follows:
§ 1057-g. Ranked choice voting [for certain primary elections and elections for which nominations were made by independent nominating petitions].
§ 9. Subdivision a of section 1057-g of the New York city charter, as amended by chapter 481 of the laws of New York of 2023, is amended to read as follows:
a. For [the] purposes of this section, the following terms have the following meanings:
Batch elimination. The term "batch elimination" means the simultaneous elimination of multiple candidates whose election is mathematically impossible.
Continuing ballot. The term "continuing ballot" means a ballot that is not an exhausted ballot.
Continuing candidate. The term "continuing candidate" means any candidate who has not been eliminated.
Election is mathematically impossible. The term "election is mathematically impossible" applies to a candidate who cannot be elected because such candidate's vote total in a round, plus all votes that could possibly be transferred to such candidate in future rounds from candidates who received a fewer or an equal number of votes, would not be enough to surpass that of the candidate with the next highest vote total in such round.
Exhausted ballot. The term "exhausted ballot" means a ballot in which all ranked candidates have been eliminated, or a ballot that assigns equal rank to two or more candidates and all candidates with higher ranks than the rank assigned to two or more candidates are eliminated.
Highest rank. The term "highest rank" refers to the highest rank whether that be rank number 1, rank number 2, rank number 3, rank number 4, or rank number 5.
Last place candidate. The term "last place candidate" means a continuing candidate with the fewest votes in a round.
Rank. The term "rank" means the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Rank number 1 is the highest ranking, rank number 2 is the next highest ranking, and so on.
Ranked choice election. The term "ranked choice election" means any [primary] election for a ranked choice office[, and any election for a ranked choice office in which all candidates are nominated by independent nominating petition].
Ranked choice office. The term "ranked choice office" means the offices of mayor, public advocate, comptroller, borough president, and council member.
Ranked choice voting. The term "ranked choice voting" means the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in rounds in which last place candidates are eliminated, and the candidate with the most votes in the final round is elected.
§ 10. Paragraph 1 of subdivision c of section 1057-g of the New York city charter, as amended by chapter 481 of the laws of New York of 2023, is amended to read as follows:
1. Sections 6-150 and 6-152 shall apply to ranked choice elections, except that where such sections refer to a candidate's receipt of a plurality of votes cast, such sections shall be deemed to refer instead to a candidate's election[, or nomination, respectively,] pursuant to this section.
§ 11. Paragraph 3 of subdivision c of section 1057-g of the New York city charter, as amended by chapter 481 of the laws of New York of 2023, is amended to read as follows:
3. [Either subparagraph (a) or (b) shall apply depending on the conditions described in each such subparagraph.
(a) In the event that A. 2682-A / S. 2300-A from the 2019-2020 New York state legislative session that would enact the voter friendly ballot act does not become law, paragraph (c) of subdivision 3 of section 7-104; subdivisions 5 and 8 of section 7-106; paragraph (c) of subdivision 2 of section 7-114; and paragraph (d) of subdivision 1, and paragraph (c) of subdivision 2 of section 7-122 are superseded with respect to ranked choice elections, and ballots to which these provisions would otherwise apply shall be designed pursuant to subdivision d of this section.
(b) In the event A. 2682-A / S. 2300-A from the 2019-2020 New York state legislative session that would enact the voter friendly ballot act becomes law, thus amending the election law, paragraph] Paragraph (d) of subdivision 3, and subdivisions 13, 17, and 20 of section 7-104; and paragraph (b) of subdivision 1 of section 7-122 are superseded with respect to ranked choice elections, and ballots to which these provisions would otherwise apply shall be designed pursuant to subdivision d of this section.
§ 12. Paragraph 8 of subdivision d of section 1057-g of the New York city charter, as amended by chapter 481 of the laws of New York of 2023, is amended to read as follows:
8. To the extent practicable[:
(a) The] the text of any instructions included pursuant to this section shall be in black font set against a white background[; and
(b) In the case of a primary ballot that uses coloring to indicate the relevant party, such coloring shall not cover the area of any instructions included pursuant to this section].
§ 13. Subdivision e of section 1057-g of the New York city charter, as amended by chapter 481 of the laws of New York of 2023, is amended to read as follows:
e. For all ranked choice elections, the following tabulation procedures apply:
1. If a candidate receives a majority of highest rank votes, that candidate shall be declared the [nominee of his or her party for a primary election, or declared the] elected winner for an election for which nominations were made by independent nominating petitions.
2. If no candidate receives a majority of highest rank votes, tabulation shall proceed in rounds. In each round, the number of votes for each continuing candidate shall be counted; each continuing ballot shall count as one vote for its highest ranked continuing candidate for that round; and exhausted ballots shall not be counted for any continuing candidate.
A round ends with one of the following outcomes:
(a) If there are two continuing candidates, the candidate with the most votes shall be declared the [nominee of his or her party for a primary election, or] elected winner for an election for which nominations were made by independent nominating petitions.
(b) If there are more than two continuing candidates, the last place candidate shall be eliminated and a new round shall begin; provided, however, that batch elimination shall occur at the same time as such elimination of the last place candidate, unless such batch elimination would result in only one continuing candidate, in which case no such batch elimination shall occur.
3. A tie between two or more candidates shall be resolved in accordance with the election law.
§ 14. Section 1057-g of the New York city charter, as amended by chapter 481 of the laws of New York of 2023, is amended by adding a new subdivision l to read as follows:
l. All nominations for a ranked choice office shall be by independent nominating petition as set out in article 6 of the election law. A signature on an independent nominating petition made earlier than six weeks prior to the last day to file independent petitions shall not be counted.
§ 15. This local law takes effect immediately after it is submitted for the approval of the qualified electors of the city at the next general election held after its enactment and is approved by a majority of such electors voting thereon.
JMF
LS #19884
Int. #1515-2025
1/7/2026 4:41 PM