II 118th CONGRESS 2d Session S. 5048 IN THE SENATE OF THE UNITED STATES September 12, 2024 Mr. Welch introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To establish the use of ranked choice voting in elections for the offices of Senator and Representative in Congress, and for other purposes.

1. Short title; finding of constitutional authority (a) Short title This Act may be cited as the Ranked Choice Voting Act . (b) Finding of constitutional authority Congress finds that it has the authority to establish the terms and conditions States must follow in administering elections for the offices of Senators and Representatives in Congress because the authority granted to Congress under section 4 of article I of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for such offices. 2. Requiring ranked choice voting for election of Senators and Representatives (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by adding at the end the following new subtitle: C Ranked Choice Voting 1 Requiring Ranked Choice Voting for Election of Senators and Representatives 321. Requiring ranked choice voting for election of Senators and Representatives (a) Ranked choice voting Each State shall carry out elections for the office of Senator and the office of Representative in Congress, including primary, special, and general elections for such office, using ranked choice voting, a system under which each voter may rank the candidates for the office in the order of the voter’s preference, and ballots are tabulated, in accordance with this title. (b) Ballot design (1) In general Each State shall ensure that the ballot used in a ranked choice voting election under this subtitle meets each of the following requirements: (A) The ballot shall allow voters to rank candidates in order of choice. (B) The number of candidates whom a voter may rank in the election, as determined under paragraph (2), shall be uniform for all voters in the election within the State. (C) The ballot shall include all qualified candidates for the election and (to the extent permitted under State law) options for voters to select write-in candidates. (D) The ballot shall include such instructions as necessary to accurately inform the voter how to properly rank candidates and successfully cast the ballot under the system. (2) Determination of number of candidates voter may rank The ballot shall permit voters to rank at least five candidates or the number of candidates in the election, including write-in candidates (to the extent permitted under State law), whichever is fewer. 322. Prohibiting additional runoff elections (a) Primary elections No State may hold a separate runoff primary election for the office of Senator or the office of Representative in Congress after the date established under State law for the primary election for such office. (b) General elections No State may hold a separate runoff general election for the office of Senator or the office of Representative in Congress after the date established under section 25 of the Revised Statutes of the United States ( 2 U.S.C. 7 ) for the regularly scheduled general election for such office. (c) Special elections No State may hold a separate runoff special election for the office of Senator or the office of Representative in Congress after the date established under State law for such special election for such office. 323. Treatment of primary elections (a) Conditions for holding nonpartisan blanket primary elections A State may hold a nonpartisan blanket primary election for the office of Senator or the office of Representative in Congress only if State law provides that at least 3 candidates advance to the subsequent general election. (b) Rule of construction Nothing in this title shall be construed to require a State to hold a primary election for the office of Senator or the office of Representative in Congress prior to the date established under section 25 of the Revised Statutes of the United States ( 2 U.S.C. 7 ) for the regularly scheduled general election for such office, so long as the determination of the candidates who are elected to such office is based solely on the votes cast with respect to the election held on such date, as determined in accordance with the system of ranked choice voting under this title. 324. Application to District of Columbia and territories (a) Election of delegates and resident commissioner In this subtitle, the term Representative includes a Delegate or Resident Commissioner to the Congress. (b) Application to Northern Mariana Islands This subtitle shall apply with respect to the Commonwealth of the Northern Mariana Islands in the same manner as this subtitle applies to a State. 2 Tabulation Process 331. Tabulation process Except as provided in section 332, tabulation shall proceed in the following manner: (1) Process for tabulation Each ballot cast in the election shall count as one vote for the highest-ranked active candidate on the ballot. Tabulation shall proceed in rounds as described in paragraphs (2) and (3). (2) Elimination of candidates during tabulation If there are more than 2 active candidates in a round of tabulation, the active candidate with the fewest votes is eliminated, each vote cast on a ballot for the eliminated candidate shall be counted for the next-ranked active candidate on the ballot, and a new round shall begin. (3) Completion of tabulation; election of candidate When there are two or fewer active candidates— (A) tabulation is complete; and (B) the candidate receiving the greatest number of votes shall be elected to the office of Senator or Representative in Congress (or, in the case of a primary election, shall advance to the general election for such office as provided under the law of the State involved). (4) Treatment of certain ballots (A) Treatment of undervotes (i) In general A ballot which is an undervote shall not be counted in any round of tabulation of ballots in an election under this section. (ii) Undervote defined For purposes of this subparagraph, an undervote is a ballot for which the voter does not rank any of the candidates in the election. (B) Treatment of inactive ballots (i) In general A ballot which becomes an inactive ballot shall no longer count for any candidate for the remainder of the tabulation of ballots in an election under this section after the ballot becomes inactive. (ii) Inactive ballot defined For purposes of this paragraph, an inactive ballot is a ballot on which— (I) all of the ranked candidates on the ballot have become inactive; or (II) the voter ranks more than one candidate at the same ranking and all candidates at a higher ranking have become inactive. (C) Treatment of skipped or repeated rankings (i) In general A ballot which includes any skipped or repeated ranking shall remain active and continue to be counted for the highest ranked active candidate in an election under this section. (ii) Skipped and repeated rankings defined For purposes of this paragraph— (I) a skipped ranking is a ranking a voter does not assign to any candidate while assigning a subsequent ranking to a candidate; and (II) a repeated ranking is a ranking for which the voter has assigned the same candidate that the voter assigned to another ranking. 332. Special rules for nonpartisan blanket primary elections In the case of a nonpartisan blanket primary election, tabulation shall proceed in the following manner: (1) Process for tabulation In the case of a nonpartisan primary election— (A) each ballot cast in the election shall count as one vote for the highest ranked active candidate on that ballot; and (B) tabulation shall proceed in rounds as described in paragraphs (2) and (3). (2) Elimination of candidates during tabulation If the number of active candidates is greater than the number of candidates to be advanced to the general election, as provided under the law of the State involved, the active candidate with the fewest votes is eliminated, and votes for the eliminated candidate are counted for each ballot’s next-ranked active candidate. (3) Completion of tabulation; advancing of candidates When the total number of active candidates is equal to or less than the number of candidates to be advanced to the general election, as provided under the law of the State involved— (A) tabulation is complete; and (B) all active candidates shall advance to the general election for such office. 333. Treatment of ties between candidates (a) Resolution by lot If a tie occurs between candidates with the greatest number of votes or the fewest number of votes at any point in the tabulation of ballots under this part and the tabulation cannot proceed until the tie is resolved, the tie shall be resolved by lot or by such other method as may be provided under State law, provided that any tie between candidates with the fewest number of votes shall be resolved on the same day as tabulation. (b) Resolution prior to tabulation Prior to tabulation, the chief election official of the State may resolve prospective ties between candidates by lot or according to the method provided under State law, as described in subsection (a). (c) Use during recount The result of the resolution of any tie shall be recorded and reused for purposes of any recount under State law. 334. Determination of votes cast for candidates of political parties for purposes of access to ballot in Federal elections To the extent that a State takes into account the number of votes cast in an election for candidates of a political party in determining the right of candidates of the party to appear on the ballot in subsequent elections for Federal office in the State, the State shall determine the number of votes cast for a candidate on the basis of whichever round of tabulation of ballots in the election under section 331 or section 332 contained the highest number of votes for that candidate. 3 Payments to States to Implement Ranked Choice Voting 341. Payments to States to implement ranked choice voting (a) Payments described (1) Payments Not later than June 1, 2025, the Commission shall make a payment to each State in the amount determined with respect to the State under paragraph (2). (2) Amount determined on basis of number of registered voters (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. 4 Civil enforcement 351. Civil enforcement (a) Civil Enforcement (1) Actions by Attorney General The Attorney General may bring a civil action for such relief as may be appropriate to carry out this subtitle. (2) Availability of private right of action (A) In general Any person residing or domiciled in a State who is aggrieved by the failure of the State to meet the requirements of this subtitle may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. (B) No awarding of damages to prevailing party Except for an award of attorney’s fees under subsection (d), a court in a civil action under this subtitle shall not award the prevailing party any monetary damages, compensatory, punitive, or otherwise. (3) Delivery of complaint to House and Senate In any action brought under this subtitle, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) Exclusive jurisdiction and applicable venue The district courts of the United States shall have exclusive jurisdiction to hear and determine claims arising under this subtitle. The applicable venue for such an action shall be the United States District Court for the District of Columbia or the judicial district in which the capital of the State is located, as selected by the person bringing the action. In a civil action that includes a claim under this subtitle, with respect to an election for the office of Senator or the office of Representative in Congress held in a State, the United States District Court for the District of Columbia shall have jurisdiction over any defendant who has been served in any United States judicial district in which the defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. Process may be served in any United States judicial district where a defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. (5) Use of 3-judge court Any action arising under this subtitle shall be heard by a 3-judge district court convened pursuant to section 2284 of title 28, United States Code. (6) Review of final decision A final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit, which shall hear the matter sitting en banc. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari. (b) Expedited Consideration In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Special rule in case final adjudication not expected within 3 months of election (1) Duty of court If final adjudication of an action under this subtitle is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the office of Senator or the office of Representative in Congress in the State, the district court shall order adjustments to the timing of the primary election and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter in time for the next regularly scheduled general election for such office in the State. (2) Prohibiting failure to act on grounds of pendency of election The court may not refuse to take any action described in paragraph (1) on the grounds of the pendency of the next election held in the State or the potential for disruption, confusion, or additional burdens with respect to the administration of the election in the State. (d) Attorney’s Fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to other laws (1) Rights and remedies additional to other rights and remedies The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) Voting Rights Act of 1965 Nothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (f) Legislative privilege No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to laws and procedures enacted under this subtitle. (g) Removal (1) In general At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this subtitle may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal. (2) Claims not within the original or supplemental jurisdiction If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed. 5 Definitions 361. Definitions In this subtitle, the following definitions apply: (1) Active candidate The term active candidate means, with respect to any round of tabulation under this subtitle, a candidate who has not been eliminated, and who is not a withdrawn candidate. (2) Highest-ranked active candidate The term highest-ranked active candidate means the active candidate assigned to a higher ranking than any other active candidate. (3) Nonpartisan blanket primary election The term nonpartisan blanket primary election means a single, open primary election for the office of Senator or the office of Representative in Congress in which all candidates for the office are listed on the same primary election ballot, regardless of political party affiliation. (4) Ranking The term ranking means the number available to be assigned by a voter to a candidate to express the voter’s choice for that candidate, with 1 as the highest ranking and each succeeding positive number as the next highest ranking. (5) Withdrawn candidate The term withdrawn candidate means a candidate who, prior to the date of the election, files or has an authorized designee file a signed letter of withdrawal from the election, in accordance with such rules as the chief election official of the State may establish. . (b) Conforming amendment relating to applicability of enforcement provisions Section 401 of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting title III . (c) Clerical amendment The table of contents of such Act is amended by adding at the end of the item relating to title III the following: Subtitle C—Ranked Choice Voting PART 1—Requiring Ranked Choice Voting for Election of Senators and Representatives Sec. 321. Requiring ranked choice voting for election of Senators and Representatives. Sec. 322. Prohibiting additional runoff elections. Sec. 323. Treatment of primary elections. Sec. 324. Application to District of Columbia and territories. PART 2—Tabulation Process Sec. 331. Tabulation process. Sec. 332. Special rules for nonpartisan blanket primary elections. Sec. 333. Treatment of ties between candidates. Sec. 334. Determination of votes cast for candidates of political parties for purposes of access to ballot in Federal elections. PART 3—Payments to States to Implement Ranked Choice Voting Sec. 341. Payments to States to implement ranked choice voting. PART 4—Civil enforcement Sec. 351. Civil enforcement. PART 5—Definitions Sec. 361. Definitions. . 3. No effect on elections for State and local office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office. 4. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision of this Act or an amendment made by this Act to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. 5. Effective date This Act and the amendments made by this Act shall apply with respect to elections for Federal office held on or after January 1, 2027.