SCR112

Amends Constitution to provide for use of instant runoff voting in balloting for certain offices.

A Concurrent Resolution proposing to amend Article II and Article V of the constitution of the State of New Jersey.

Whereas, In a democracy, the process of electing public officials should reflect the will of the majority while providing a voice for the minority; and

Whereas, When more than two candidates seek the same office, the current system of voting in this State permits a candidate who receives less than a majority of the votes cast to be elected to that office; and

Whereas, Instant runoff voting is a system of voting which enables a voter to cast a ballot for the voter's favorite candidate as well as for specific runoff choices in order of preference; and

Whereas, Under this system of voting, a candidate who wins a majority of the first-choice votes is elected, but if no candidate receives a majority, the second choice votes of the candidate with the fewest first choice votes are counted, with the process continuing until one candidate is a majority winner; and

Whereas, Instant runoff voting has been successfully used in elections in Australia, the Republic of Ireland, and London, has been approved by voter referendum for use in at least two local jurisdictions in the United States, and is being considered by several other American jurisdictions; and

Whereas, Adoption of this method of balloting would encourage greater voter turnout by ensuring voters who wish to vote for nonmajor candidates that their vote will not be wasted; and

Whereas, Instant runoff voting is fundamentally fairer to the electorate than the current practice in that it more accurately reflects the voters' overall sentiments; and

Whereas, Instant runoff voting would save public funds by eliminating the need for regular runoff elections now required under certain circumstances in some local jurisdictions; and

Whereas, Adoption of instant runoff voting in this State would promote the democratic values which are the basis of our government; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

1A. Instant runoff voting shall be used when a candidate is to be nominated for election, or elected, to a State or local elective public office filled by one individual at an election held pursuant to law or this Constitution .

As used in this paragraph, "instant runoff voting" means a system of voting which allows each voter to vote for the voter's preferred candidate as well as specific alternative choices from among the other candidates appearing on the ballot for that office in order of preference and, in the event that no candidate receives a majority of the votes cast for candidates for that office, provides that the candidate receiving the fewest votes will be eliminated and the second choice votes for that candidate counted, with the process continuing until one candidate is a majority winner.

4. The Governor shall be elected by the legally qualified voters of this State. [The person receiving the Greatest number of votes shall be the Governor;] Whenever no candidate for Governor receives a majority of the votes cast for candidates for Governor, the winner shall be determined by instant runoff voting pursuant to Article II, paragraph 1A of this Constitution, but thereafter if two or more shall be equal and greatest in votes, one of them shall be elected Governor by the vote of a majority of all the members of both houses in joint meeting at the regular legislative session next following the election for Governor by the people. Contested elections for the office of Governor shall be determined in such manner as may be provided by law.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Attorney General, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (•) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word "No."

		CONSTITUTIONAL AMENDMENT PROVIDING FOR USE OF INSTANT RUNOFF VOTING IN BALLOTING FOR CERTAIN OFFICES
	YES	Shall the amendment to Article II and Article V of the Constitution, agreed to by the Legislature, providing for the use of instant runoff voting in balloting for certain offices, be adopted?
		INTERPRETIVE STATEMENT
	NO	This amendment would provide that instant runoff voting would be used in balloting when a candidate is to be nominated for aelection, or elected, to a State or local public office to be filled by one individual. Instant runoff voting is a system which allows each voter to vote for the voter's preferred candidate, as well as for alternate choices in order of preference. If no candidate receives a majority of the votes cast, the candidate receiving the fewest votes would be eliminated and the second choice votes for that candidate would be counted. The process would be continued until one candidate is a majority winner.

This constitutional amendment shall take effect on January 1 of the second calendar year following its adoption by the voters.

This concurrent resolution proposes an amendment to the New Jersey Constitution to provide that instant runoff voting would be used when a candidate is to be nominated for election, or elected, to a State or local elective public office to be filled by one individual. It would apply to balloting for the office of Governor and State Senator, as well as all county and municipal offices except those for which voters vote for more than one candidate for the same office.

Instant runoff voting is a system of voting which allows each voter to vote for the voter's preferred candidate as well as specific alternative choices for that office in order of preference. In the event that no candidate receives a majority of the votes cast for candidates for that office, the candidate receiving the fewest votes is eliminated and the second choice votes for that candidate are counted. The process is continued until one candidate is a majority winner.

Instant runoff voting has been successfully used in elections in Australia, the Republic of Ireland, and London, has been approved for use in at least two local jurisdictions in the United States, and is being considered by several other American jurisdictions. It promotes the democratic values which are the basis of our government by ensuring that successful candidates are elected by a majority vote.