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A1745
ASSEMBLY, No. 1745
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman� CHIGOZIE U. ONYEMA
District 28 (Essex and Union)
Assemblywoman� KATIE BRENNAN
District 32 (Hudson)
Co-Sponsored by:
Assemblymen Bhalla, Singh, Assemblywomen Sweeney and Haider
SYNOPSIS
���� Allows ranked-choice voting options for municipal and
school board elections under certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning voting options for municipal and school
board elections and supplementing Title 19 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. �This act shall be known
and may be cited as the �Municipal and School Board Voting Options Act.�
���� 2. �As used in this act,
P.L.�� , c.�� (C.�� ) (pending before the Legislature as this bill):
���� �Continuing candidate� means
any candidate that has not been defeated or elected.
���� �Election threshold� means the
number of votes sufficient for a candidate to be elected, calculated using the
following formula: threshold = (number of votes/number of seats +1) +1. The
number of votes means the number of non-exhausted ballots in the counting round
being processed.
���� �Exhausted ballot� means a
ballot that is not counted for any continuing candidate because the ballot (1)
does not rank any continuing candidates, (2) contains an overvote by ranking
more than one candidate as the highest-ranked continuing candidate, or (3)
contains two or more consecutive skipped rankings prior to its highest-ranked
continuing candidate.
���� �Highest-ranked continuing
candidate� means a candidate that has not been eliminated who has been assigned
to the highest ranking order on a ballot that is not an exhausted ballot.
���� �Ranked-choice voting� means a
method of voting in which each voter gets one vote, where voters rank multiple
candidates in order of their preference, the ballots are counted in rounds, and
the votes are counted and transferred to candidates according to the preferences
marked on each ballot using the instant runoff method as specified under subsection
a. of section 5 of this act (C.��� ) for single-winner races, and using the
single transferrable vote method as specified under subsection b. of section 5
of this act (C.��� ) for multi-winner races.
���� �Ranking order� means the
number available to be assigned by a voter to a candidate to express the
voter�s choice for that candidate, with the number �1� being the highest
ranking order, followed by the number �2,� and then the number �3,� and so on.
���� �Round� means an instance of
the sequence of voting tabulation beginning with paragraph (1) of subsection a.
of section 5 of this act (C.��� ) for a single-winner election, or paragraph
(1) of subsection b. of section 5 of this act (C.��� ) for a multi-winner
election.
���� �Single transferable vote�
means a ranked-choice voting method of counting votes where, for
multiple-winner races, the necessary threshold number of votes for winning
depends on the number of seats elected, with that threshold calculated using
the following formula: threshold = (number of votes/number of seats +1) +1.
Under the �single transferable vote� method, counting proceeds as follows: (1)
count all the first-place votes; (2) any candidate who receives more than the
threshold number of votes is elected, and all votes in excess of that
threshold, or surplus votes, are then transferred to the voters� next preferred
candidate on a proportional basis according to the surplus fraction. If no
candidate exceeds the threshold, votes are transferred from the lowest ranked
candidate up to higher ranked candidates until another candidate achieves the
threshold number of votes; and (3) the process set forth in paragraph (2)
continues until all seats are filled.
���� �Surplus� means the total
number of votes cast for an elected candidate in a multi-winner election in
excess of the election threshold.
���� �Surplus fraction� means the
proportion of each vote to be transferred when a surplus of an elected
candidate is transferred, which shall be calculated by dividing the surplus by
the total votes cast for the elected candidate, using the formula �surplus fraction
= (surplus of an elected candidate) / (total votes cast for the elected
candidate)� calculated to four decimal places, ignoring any remainder.
���� �Transfer value� means the
fraction of a vote that a transferred ballot will contribute to the next ranked
continuing candidate on that ballot in a multi-winner election, with each
ballot beginning with a transfer value of 1, with the transfer value of a vote
cast for an elected candidate calculated by multiplying the surplus fraction by
its current value, calculated to four decimal places, ignoring any remainder,
and with the transfer value of a vote cast for a defeated candidate being equal
to its current value.���������
���� 3. �Notwithstanding any
provision of Title 18A, Title 19, or Title 40 of the Revised Statutes, or any
other law, rule, special charter, or regulation to the contrary, all municipal
governing bodies and all school boards in this State shall be permitted to adopt
through ordinance or resolution, as appropriate, to be submitted to the voters
for approval through a referendum on the ballot, or through a voter-initiated
petition approved by the voters through a referendum on the ballot, the
requirement that all elections for the offices of mayor or a member of a municipal
governing body, or a member of an elected school board, as appropriate, other
than any primary election, shall be conducted using ranked-choice voting as
established under this act, P.L.�� , c.�� (C.�� ) (pending before the
Legislature as this bill). If a single office holder is to be elected, such as
a mayor, municipal council member, or school board member representing a single-winner
district or ward, votes shall be counted using the instant runoff method as
provided under subsection a. of section 5 of this act (C.�� ). If multiple office
holders are to be elected, such as council members or school board members
elected at-large concurrently, votes shall be counted using the single
transferrable vote method as provided under subsection b. of section 5 of this
act (C.�� ).
���� 4. �A petition initiated by
the voters for adopting ranked-choice voting as provided under this act, P.L.��
, c.�� (C.�� ) (pending before the Legislature as this bill), for any municipal
or school board elected office, shall follow the general format and signature
requirements set forth in the �Optional Municipal Charter Law,� P.L.1950, c.210
(C.40:69A-1 et seq.), specifically C.40:69A-184 and C.40:69A-186, regardless of
the form of government adopted by the municipality or municipalities, as the
case may be. Such petition shall be submitted to the municipal clerk or clerks,
as the case may be, and shall be signed by the legal voters equal in number to
at least 10 percent of the total votes cast in the municipality or
municipalities, as the case may be, at the last election at which members of
the General Assembly were elected. The initiative petition shall include the
proposed public question and a clear and concise interpretative statement
explaining ranked-choice voting. The public question shall be submitted to the
voters for approval at an election, whether proposed by the relevant governing
body by ordinance or resolution, as appropriate, or whether proposed by the voters
by an initiative petition for a referendum vote.
���� 5. �a. �In a single-winner
election, such as for the office of mayor, or a member of a municipal governing
body or a member of an elected school board elected from districts or wards, as
appropriate, the ranked-choice voting tabulation shall be known as the instant
runoff method, shall be conducted pursuant to this subsection, and shall
proceed in rounds, sequentially, as follows:
���� (1) �each ballot shall count
as one vote for the highest-ranked continuing candidate on that ballot. If a
candidate has more than 50 percent of the votes, that candidate is elected and
the tabulation is complete;
���� (2) �if two or fewer
continuing candidates remain, the candidate with the fewest number of votes is
defeated, the candidate with the greatest number of votes is elected, and the
tabulation is complete;
���� (3) �if more than two
continuing candidates remain, the continuing candidate with the fewest number
of votes is defeated, and a new round begins with paragraph (1) of this
subsection.
���� b. �In a multi-winner
election, such as for the office of member of a municipal governing body or a
member of an elected school board elected at-large, the ranked-choice voting
tabulation shall be known as the single transferrable vote method, and shall be
conducted pursuant to this subsection. If, in the initial tabulation, the
number of continuing candidates is less than or equal to the number of offices
to be filled, then all continuing candidates are elected and the tabulation is
complete. Otherwise, each round shall proceed sequentially, until the
tabulation is complete, as follows:
���� (1) �each ballot shall count,
at its current transfer value, for the highest-ranked continuing candidate on
that ballot. If the sum of the number of elected candidates and the number of
continuing candidates is equal to the sum of one and the number of offices to
be elected, then the candidate with the fewest votes is defeated, all other
continuing candidates are elected, and the tabulation is complete;
���� (2) �if at least one
continuing candidate has more votes than the election threshold, then each such
candidate is elected. Each ballot counting for an elected candidate is assigned
a new transfer value by multiplying the ballot�s current transfer value by the
surplus fraction for the elected candidate, calculated to four decimal places
and ignoring any remainder. Each candidate elected under this subsection is
deemed to have a number of votes equal to the election threshold for the
election in all future rounds. A new round begins with paragraph (1) of this
subsection;
���� (3) �if no candidate is
elected under paragraph (2) of this subsection, then the continuing candidate
with the fewest votes is defeated, and a new round begins with paragraph (1) of
this subsection.
���� c. �In any round of tabulation
pursuant to subsections a. or b. of this section, a ballot that does not
contain a highest-ranked continuing candidate shall not count for any
candidate. Instead, the ballot shall be declared inactive and shall be counted
as an exhausted ballot.
���� d. In any round of tabulation
pursuant to subsections a. or b. of this section, if two or more candidates are
tied with the fewest votes, and a tabulation cannot continue until the
candidate with the fewest votes is defeated, then the candidate to be defeated
shall be determined by lot. Election officials may resolve prospective ties
between candidates prior to the tabulation after all votes are cast.
���� 6. �The Division of Elections in
the Department of State shall adopt rules and regulations, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), to
effectuate the purposes of this act, P.L.�� , c.�� (C.�� ) (pending before the
Legislature as this bill), and provide guidelines and technical rules to assist
local election officials in implementing and counting a ranked-choice voting election.
���� 7. �This act shall take effect
immediately.
STATEMENT
���� This bill, the �Municipal and School
Board Voting Options Act,� allows municipalities and school boards in this
State to adopt ranked choice voting for conducting their local elections under
certain circumstances.
���� Under the bill, �ranked-choice
voting� means a method of voting in which each voter gets one vote, where
voters rank multiple candidates in order of their preference, the ballots are
counted in rounds, and the votes are counted and transferred to candidates
according to the preferences marked on each ballot. Under the bill, for
conducting and counting ranked-choice voting elections, the instant runoff
method would be used for single winner races like mayor elected at-large or
council or school board member elected from wards or districts, and the single
transferable vote method would be used for multiple-winner races. The bill
defines the terms necessary for implementing these two ranked-choice voting
methods and the manner of counting the votes and declaring elected candidates.
���� The bill provides that all
municipal governing bodies and all school boards in this State would be
permitted to adopt ranked-choice voting by adopting an ordinance or resolution,
as appropriate, to be submitted to the voters for approval through a referendum
on the ballot. The bill also allows the voters to place a direct petition on
the ballot to adopt ranked choice voting, using the petition process currently
established under current law for �Faulkner Act� municipalities. The direct
petition would be submitted to the municipal clerk or clerks, as the case may
be, and would be required to be signed by the legal voters equal in number to
at least 10 percent of the total votes cast in the municipality or
municipalities, as the case may be, at the last election at which members of
the General Assembly were elected. The petition would include the proposed
public question and a clear and concise interpretative statement explaining
ranked-choice voting.
���� If approved by the voters of
the municipality or school district, all elections for the offices of mayor or
a member of a municipal governing body, or a member of an elected school board,
as appropriate, other than any primary election, would be conducted using
ranked-choice voting.������
���� Finally, the bill directs the
Division of Elections in the Department of State to adopt the rules and
regulations necessary to effectuate its provisions and provide guidelines and
technical rules to assist local election officials in implementing and counting
a ranked choice voting election.