Short Report

WYOMING LEGISLATIVE SERVICE OFFICE

Short Report

STATEWIDE PRIMARY ELECTORAL SYSTEMS May 2021 Wyoming Legislative Service Office Danielle Creech, Associate Research Analyst

TABLE OF CONTENTS:

SECTION I. INTRODUCTION

SECTION II. HISTORY OF STATE PRIMARY ELECTIONS

SECTION III. CATEGORIES OF PRIMARY ELECTORAL SYSTEMS

A. Plurality Voting Systems • North Carolina • South Dakota • Vermont • Wyoming

B. Majority Voting Systems • Alabama • Arkansas • Georgia • Mississippi • Oklahoma • South Carolina • Texas

C. “Top-Two” Voting Systems • Alaska • California • Washington

D. “Ranked Choice” Voting Systems • Maine

PAGE 1

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I. INTRODUCTION:

State election laws vary widely due to the decentralized nature of elections in the United States. Most often, counties or municipalities are responsible for election administration, with guidance and assistance from both the state and the federal government.1 Primary elections are particularly decentralized due to the involvement of major political parties and their central committees. There are a variety of ways primary elections are conducted, including whether party affiliation must be indicated, who is permitted to vote, who bears the cost of a primary election, and whether a certain threshold must be met in order to win the nomination. Some states require a candidate to receive a certain percentage of the votes before being declared the nominee, which in some cases can lead to an additional runoff primary election if one candidate does not reach the required threshold.2 This short report focuses on how states determine which candidate has secured a nomination in state primary elections and how states are categorized as having either a plurality, majority, or alternative voting system.

For information on state primary election dates, see Appendix A. For information on how states regulate electorate participation in the primary, see Appendix B. For information on primary election cost allocation, see Appendix C.

II. HISTORY OF STATE PRIMARY ELECTIONS:

A primary election at the state level is the process by which major political parties select a nominee to appear on the general election ballot. Although most states now utilize primary elections to select party nominees, this has not always been the case. Prior to the usage of the party primary, many states utilized a caucus to select the candidate which would appear on the general election ballot. Parties had their own processes with their own rules and allowed only select party members to participate in candidate and nominee selection.3 Thus, rank-and-file party members had few, if any, opportunities to make their voices heard in the nomination of party candidates. This led to public speculation of corruption within an inaccessible process whereby only the wealthy and politically well-connected were able to make their selections without the rest of the party. Over the course of the last 100 years, major political parties and the states themselves have moved toward a more open and democratic nominee selection process: the primary election.

III. CATEGORIES OF PRIMARY ELECTORAL SYSTEMS:

State primaries can be classified into three categories of electoral systems: plurality voting systems, majority voting systems, and alternative voting systems. Each of these systems use different vote thresholds to select a candidate. The most common type is a plurality voting system. Forty-one states, including Wyoming, use a plurality voting system. In a plurality voting system, the candidate receiving the highest number of votes in the primary is declared the nominee and will have their name printed on the general election ballot. The key distinction is that a candidate does not need to win a majority of the votes cast to be elected.

1 Election Administration at State and Local Levels, National Conference of State Legislatures. 2020. 2 Primary Runoffs, National Conference of State Legislatures. 2017. 3 Primaries: More than One Way to Find a Party Nominee, National Conference of State Legislatures, 2021.

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The second most common primary electoral system is the majority voting system. Seven states utilize majority voting systems. In a majority voting system, candidates must receive more than 50 percent of the vote in the primary to win the nomination. In races with multiple candidates it can be challenging for candidates to receive more than 50 percent of the vote. Thus, states with majority voting systems have outlined a ‘runoff election’ process whereby the top two candidates receiving the most votes will move on to another election to determine the nominee. In those states, statute prohibits voters who participated in one party’s primary election from casting a vote in another party’s runoff election.

Alternative voting systems attempt to find the “middle-ground” between plurality and majority voting systems. The overall goal of alternative voting systems is to circumvent the costs associated with majority voting while ensuring that candidates are popular across a wider section of the electorate than in some instances of plurality voting systems. “Top-two” voting systems work outside of partisan affiliation in order to ensure the most popular candidates face off in the general election. In a "top-two" voting system it does not matter which political party the top two candidates are affiliated with, thus allowing for the two candidates running in the general election to be members of the same major political party. Ranked choice, or “instant runoff” elections, allow electors to indicate their order of preference of the candidates for each office to overcome the need for a costly runoff election. Ranked choice voting systems avoid the need for a primary runoff election because they provide voters with the opportunity to rank candidates in the order of their preference. Four states currently have alternative voting systems in place for their primary elections, although several states allow alternative voting systems to be used at the county, municipality, and federal election levels. Each of the four states with alternative voting systems implemented them either through ballot initiatives or propositions, rather than through the state legislature.

The following identifies example states of each of the types of electoral systems and analyzes differences between the laws.

A. PLURALITY VOTING SYSTEMS: By far the most common type of primary process is the plurality voting system whereby a candidate receiving the highest number of votes moves on to have their name printed on the general election ballot. Wyoming is typical of most plurality states in that in this system, a candidate does not need to receive a majority (more than 50 percent) of the votes in order to be elected. By its very nature, a plurality voting system obviates the need for a runoff election. North Carolina and South Dakota, however, use a hybrid plurality/majority voting system that imposes a minimum threshold of votes needed to secure a primary nomination, while not requiring a true majority of votes cast to declare a candidate the winner. In those two states, if no candidate meets the vote threshold, the opportunity for a runoff election exists.

North Carolina requires a candidate to receive a “substantial plurality” of the votes cast in the primary election in order to win the nomination.4 This means that a candidate must receive more than 30 percent of the votes cast in order to advance to the general election ballot. If two candidates receive a substantial plurality, the candidate receiving the highest number of votes is

4 N.C. Gen. Stat. § 163-111

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declared the nominee. If no candidate receives a substantial plurality, the appropriate board of elections may declare the candidate with the highest number of votes the nominee, unless the candidate receiving the second-highest number of votes files for a second primary (runoff election) in writing with the State Board of Elections no later than nine days following the primary.5

South Dakota requires that in any race for Senate, House of Representatives, or Governor involving three or more candidates, the nominee must receive 35 percent of the vote.6 If no candidate receives 35% of the vote, a runoff election for the top two candidates must be held ten weeks from the date of the first primary election.7

Vermont requires candidates to receive a plurality of all the votes cast by a party in the primary election to be the nominee for that party. If a recount of a primary election results in a tie, the party committee must meet to nominate a candidate from among the tied candidates.8

Wyoming holds its primary elections on the first Tuesday after the third Monday in August in general election years.9 Wyoming statute requires major political parties to participate in the primary election and have separate party ballots.10 Major political party primaries are also required to be held at the same time and in the same polling places, and be conducted by the same election officials.11 For a candidate to be declared the party nominee for the position for which they are running, they must receive the largest number of votes for that office.12 Thus, Wyoming is classified as a plurality voting system. Primary voters must be a member of the party of the ballot which they select in the primary. Voters are entitled to change their party affiliation no less than 14 days before the primary, or at the polls on the day of the election.13

B. MAJORITY VOTING SYSTEMS: A majority voting system is different than a plurality voting system in one key way: a candidate running in the primary election must receive a majority of the votes cast to win the nomination. Seven states have primary elections which can be classified as majority voting systems: Alabama, Arkansas, Georgia, Mississippi, Oklahoma, South Carolina, and Texas. In those states, if no candidate receives more than 50 percent of the votes, a separate primary runoff election is scheduled. In almost every case, only the two candidates with the highest number of votes move on to the runoff election, ensuring that one will receive a majority of the vote.

Four of these states utilize “instant runoff” ballots for overseas and military voters to ensure their vote is counted in the event of a runoff election.14 An “instant runoff” ballot allows voters to indicate their preference of candidates in a ranked order. Thus, if their first-choice candidate does not make it to the primary runoff, their second-choice candidate receives their vote.

5 Id. 6 S.D. Codified Laws § 12-6-51.1 7 S.D. Codified Laws § 12-6-51.1 8 17 V.S.A. § 2369 9 Wyo. Stat. Ann. § 22-2-104(b) 10 Wyo. Stat. Ann. § 22-5-202 11 Id. 12 Wyo. Stat. Ann. § 22-5-215 13 Wyo. Stat. Ann. § 22-5-214 14 Alabama, Arkansas, Mississippi and South Carolina

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Alabama requires the primary election to be held on the fourth Tuesday in May.15 A candidate is required to receive a majority of the votes cast to be declared the party nominee.16 If no candidate receives more than 50 percent of the votes cast, a runoff election is triggered.17 When necessary, a runoff primary is held on the fourth Tuesday following the primary election.18 In the event of a tie vote, the tie is decided by the chair of the state executive committee, unless it is a county office, which is determined by the chair of the county executive committee.19

Electors who vote in the primary are eligible to vote in the runoff election only if he or she voted in the primary election of the same political party for which the runoff election is held.20 Those voters who are voting by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act receive a special federal ballot and special state ballot that permits the voter to indicate their order of preference for each candidate for each office listed on the ballot. The ballot must also contain instructions to the voter explaining the special instant runoff voting process. In a primary election, the first-choice preference of each voter shall be the vote counted as cast by the voter. If a second primary (runoff) is necessary, the vote is attributed to the highest designated choice of the voter of the two candidates participating in a contest.21

Arkansas requires candidates in the primary election to receive a majority of the votes cast for the office, or run as an unopposed candidate, to become the party nominee.22 The primary election is held on the third Tuesday in June in years where the office of Governor appears on the ballot, and on the Tuesday four weeks following the preferential primary election in years where the office of President of the United States appears on the ballot in the general election.23 Arkansas statute stipulates that the cost of political party primaries must be paid by the State of Arkansas, paid from an appropriation made to the State Board of Election Commissioners.24 Like Alabama, overseas and military voters receive a special absentee ballot that allows the elector to vote by indicating their order of preference for each candidate for each office.25

Georgia requires parties to utilize a primary election to select the party nominee who will appear on the general election ballot.26 The Georgia primary is held on the Tuesday of the 24th week prior to the November general election in each even-numbered year.27 Georgia statute stipulates that a runoff primary is a continuation of the primary election and only those who were entitled to vote in the primary may do so in the runoff.28 Those who vote in the primary election

15 Ala. Code § 17-13-3; Effective until Jan. 1, 2022 16 Ala. Code § 17-13-18 17 Id. 18 Ala. Code § 17-13-3; Effective until Jan. 1, 2022. 19 Ala. Code § 17-13-21 20 Ala. Code § 17-13-7.1 21 Ala. Code § 17-13-8.1 22 Ark. Code Ann. § 7-7-102 23 Ark. Code Ann. § 7-7-203 24 Ark. Code Ann. § 7-7-201 25 Ark. Code Ann. § 7-5-406 26 Ga. Code Ann. § 21-2-151 27 Ga. Code Ann. § 21-2-150 28 Ga. Code Ann. § 21-2-152

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of one party may not vote in the runoff election of any other party other than that for which they voted in the primary.29 Primary election expenses are paid by the respective counties.30

Mississippi holds its primary on the first Tuesday after the first Monday in August preceding any regular or general election.31 When two or more major political parties hold primary elections, they must be conducted entirely independently from one another but at the same time.32 If no candidate receives a majority of votes cast in the first primary, then the two candidates with the highest number of votes advance to the second primary.33 Should there be a second primary (runoff election), it must be held three weeks following the first primary.34 If there is a tie for the candidates with the second and third highest vote counts, three candidates will be listed on the ballot in the second primary and the candidate with the highest number of votes becomes the party nominee.35

Oklahoma holds its primary election on the last Tuesday in June of each even-numbered year.36 If no candidate receives a majority of all votes cast for the office sought, the two candidates with the highest number of votes will be placed on a ballot for a runoff primary, to be held on the fourth Tuesday of August.37 Voters must be registered members of the political party in order to vote in the primary and runoff.38

South Carolina's primary election is held by the party and conducted by the State Election Commission on the second Tuesday in June of each general election year.39 State statute requires separate ballots to be prepared for each political party holding a primary.40 No candidate can become the party nominee without receiving a majority of the votes cast for that office.41 If the primary election results in a tie vote, the party officials must conduct a runoff election two weeks following the primary.42 South Carolina provides that overseas and military voters receive an absentee instant runoff ballot at least 45 days prior to the primary election. This ballot permits electors to vote their order of preference for each candidate for each office by indicating a rank next to the candidate’s name on the ballot, and must provide instructions.43 Those candidates who are unopposed are declared the nominee by the state or county committee.44 South Carolina statute

29 Id. 30 Ga. Code Ann. § 21-2-156 31 Miss. Code Ann. § 23-15-191 32 Miss. Code Ann. § 2325-15-303 33 Miss. Code Ann. § 2325-15-305 34 Id. 35 Id. 36 Okla. Stat. Ann. § 1-102 37 Okla. Stat. Ann. § 1-103 38 Okla. Stat. Ann. § 1-104 39 S.C. Code Ann. § 7-13-40 40 S.C. Code Ann. § 7-13-50 41 S.C. Code Ann. § 7-17-600 42 S.C. Code Ann. § 7-13-2220 43 S.C. Code Ann. § 7-15-650 44 S.C. Code Ann. § 7-17-620

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stipulates that only those who are registered electors of a party may participate in the primary election.45 The state pays for all costs associated with primaries for state offices.46

Texas holds its primary election on the first Tuesday in March in each even numbered year.47 Texas statute requires a political party’s nominees to be nominated by primary election and to receive a majority of the total number of votes received by all candidates.48 If no candidate receives the majority vote required for nomination, a runoff must be held.49 Runoff elections must be held on the fourth Tuesday in May.50 The state reimburses county chairs, county election officers and voting system vendors for the majority of all costs of primary elections.51

C. “TOP-TWO” VOTING SYSTEMS52 “Top-two” primary elections are those in which all candidates are listed on the same primary ballot, regardless of their party affiliation. This primary process is a nonpartisan way of selecting candidates for the general election. In a “top-two” primary, the top two candidates receiving the highest number of votes advance to the general election, thus potentially allowing for two candidates within the same political party to face off in the general election. Washington was the first state to adopt this type of primary method through ballot Initiative 872 in 2004. California followed in 2010, and Alaska adopted the method also by ballot initiative in 2020.

Alaska holds its primary on the third Tuesday in August of every even-numbered year.53 In 2020, Alaska voters approved a ballot initiative establishing a ‘top-four’ primary for state executive, legislative, and congressional elections.54 Alaska statute establishes primaries do not serve as a determinate of the nominee of a political party but rather serve to narrow the number of candidates whose names appear on the general election ballot.55 Only the four candidates who receive the greatest number of votes advance to the general election. 56 The state of Alaska pays for and conducts all state elections.57

California, like Alaska, does not utilize the primary election as a mechanism of party nomination. Rather, California statute requires that only the candidates receiving the highest and second-highest number of votes cast at the primary election will advance to the general election.58 Thus, more than one candidate with the same party designation may participate in the general election, and no party is entitled to have a candidate with its party designation participate in the

45 S.C. Code Ann. § 7-9-20 46 S.C. Code Ann. § 7-13-15; §7-11-20; §7-11-25 47 Tex. Bus. & Com. Code Ann. § 41.007 48 Tex. Bus. & Com. Code Ann. § 172.002-172.003 49 Tex. Bus. & Com. Code Ann. § 172.059 50 Tex. Bus. & Com. Code Ann. § 41.007 51 Tex. Bus. & Com. Code Ann. §§ 173.001 to 173.088; 191.006 52 Alaska utilizes a ‘top-four’ primary method 53 Alaska Stat. § 15.25.090 54 https://www.elections.alaska.gov/petitions/19AKBE/19AKBE-TheBill.pdf 55 Alaska Stat. § 15.25.010 [Effective February 28, 2021] 56 Id. 57 Alaska Stat. §15.15.032, §15.10.110, §15.15.060 et seq., §15.15.380, §15.15.390 58 Cal. Com. Code § 8141.5

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general election.59 California holds their primary election in June of non-presidential general election years and in March of presidential election years.60

Washington voters approved Initiative 872 in 2004, which implemented a “top-two” primary election process.61 Voters do not need to affiliate with a specific party, as all candidates are listed on the same ballot.62 Washington holds its primary in November.63

D. “RANKED CHOICE” Ranked choice voting, sometimes referred to as “instant runoff” voting, is an electoral system that allows voters to indicate their order of preference for each candidate for office. This system first tallies votes based on voters’ first choice on the ballot, and if no single candidate wins a first-round majority of the votes, the candidate with the lowest number of votes is eliminated. If a voter’s first choice candidate is eliminated, their vote then goes to the second-choice candidate on their ballot and so on until one candidate receives a majority and wins. This is a similar process to runoff elections with the benefit of only one trip to the polls for the electorate. This eliminates the cost of runoff elections, however, it does require public education in order to run successfully. FairVote, a nonpartisan organization developed a graphic on ranked choice voting in Wyoming. Although this graphic applies to only the Democratic Party’s process for the federal election, it provides a clear visualization of how ranked-choice voting works in practice. Please see Appendix D for the FairVote Wyoming Ranked-Choice Voting graphic.

Maine was the first state to implement ranked choice voting at the state level, and Alaska recently adopted a ballot initiative to utilize ranked choice voting in the general election. Although Maine is the only state currently using ranked choice voting statewide, thirteen states have either authorized or currently use ranked choice voting in local elections.64 Five states with majority voting systems utilize this method for overseas and military voters to ensure their votes will be counted in the event of a runoff election. A 2021 study conducted by FairVote shows that 21 jurisdictions used ranked choice voting in their most recent elections, and 52 jurisdictions are projected to utilize it in upcoming elections. Please see Appendix E for an overview of 2021 legislation on ranked choice voting.

Maine requires candidates to be nominated by primary election,65 which is held on the second Tuesday in June of each general election year and is considered to be a separate election for each party taking part.66 The candidate who receives a plurality of the votes cast is nominated for that office. There must be a place on the ballot for voters to designate their choice of candidate, and the ballot must be simple and easy to understand to allow a voter to rank candidates in order of preference.67

59 Id. 60 Cal. Com. Code § 1001 61 https://www.sos.wa.gov/elections/wac.aspx 62 R.C.W. 29A.52.112 63 R.C.W. 29A.04.460 64 https://www.ncsl.org/research/elections-and-campaigns/primaries-more-than-one-way-to-find-a-party- nominee.aspx 65 Me. Rev. Stat. Ann.§ 331 66 Me. Rev. Stat. Ann.§ 339 67 21-A M.R.S. § 601

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2020 State and Presidential Primary Dates, Alphabetical1 State State Primary Date Presidential Primary Date

Alabama March 3* March 3 March 31 runoff (rescheduled to July 14)

Alaska Aug. 18 April 4 (Democratic only)

Arizona Aug. 4 March 17 (Democratic only)

Arkansas March 3 March 3 March 31 runoff

California March 3 March 3

Colorado June 30 March 3

Connecticut Aug. 11 April 28 (rescheduled to August 11)

Delaware Sept. 15 April 28 (rescheduled to July 7)

District of No district-specific June 2 Columbia primary

Florida Aug. 18 March 17

Georgia May 19 (rescheduled to March 24 (rescheduled to June 9) June 9) July 21 runoff (rescheduled to August 11)

Hawaii Aug. 8 April 4 (Democratic only; in-person voting cancelled and mail ballot deadline extended)

Idaho May 19 March 10

Illinois March 17 March 17

Indiana May 5 (rescheduled to May 5 (rescheduled to June 2) June 2)

1 https://www.ncsl.org/research/elections-and-campaigns/2020-state-primary-election-dates.aspx#Chronological

21SR001 - APPENDIX A: NCSL STATE AND PRESIDENTIAL PRIMARY DATES, ALPHABETICAL

State State Primary Date Presidential Primary Date

Iowa June 2 Feb. 3 (caucus)

Kansas Aug. 4 May 2 (Democratic only; in-person voting has been cancelled and the election will be held entirely by mail)

Kentucky May 19 (rescheduled to May 19 (rescheduled to June 23) June 23)

Louisiana Nov. 3* April 4 (rescheduled to July 11)

Maine June 9 (rescheduled to March 3 July 14)

Maryland April 28 (rescheduled to April 28 (rescheduled to June 2) June 2)

Massachusetts Sept. 1 March 3

Michigan Aug. 4 March 10

Minnesota Aug. 11 March 3

Mississippi March 10* March 10 March 31 runoff (rescheduled to June 23)

Missouri Aug. 4 March 10

Montana June 2 June 2

Nebraska May 12 May 12

Nevada June 9 Feb. 22 (caucus, Democratic only)

New Hampshire Sept. 8 Feb. 11

New Jersey June 2* (rescheduled to June 2 (rescheduled to July 7) July 7)

New Mexico June 2 June 2

New York June 23 April 28 (rescheduled to June 23)

21SR001 - APPENDIX A: NCSL STATE AND PRESIDENTIAL PRIMARY DATES, ALPHABETICAL

State State Primary Date Presidential Primary Date

North Carolina March 3 March 3 May 12 runoff** (rescheduled to June 23)

North Dakota June 9 March 10

Ohio March 17 (rescheduled to March 17 (rescheduled to April 28) April 28)

Oklahoma June 30 March 3 August 25 runoff

Oregon May 19 May 19

Pennsylvania April 28 (rescheduled to April 28 (rescheduled to June 2) June 2)

Rhode Island Sept. 8 April 28 (rescheduled to June 2)

South Carolina June 9 Feb. 29 (Democratic only) June 23 runoff

South Dakota June 2 June 2 Aug. 11 runoff

Tennessee Aug. 6 March 3

Texas March 3 March 3 May 26 runoff (rescheduled to July 14)

Utah June 30 March 3

Vermont Aug.11 March 3

Virginia June 9* (rescheduled to March 3 (Democratic only) June 23)

Washington Aug. 4 March 10

West Virginia May 12 (rescheduled to May 12 (rescheduled to June 9) June 9)

21SR001 - APPENDIX A: NCSL STATE AND PRESIDENTIAL PRIMARY DATES, ALPHABETICAL

State State Primary Date Presidential Primary Date

Wisconsin Aug. 11 April 7

Wyoming Aug. 18 February-March (Republican caucus) April 4 (Democratic caucus; in-person caucus canceled, and deadline extended to April 17 for mail-in ballots)

*No primary for state legislative seats in 2020. **In certain circumstances, North Carolina may hold a second primary on either April 21 or May 12.

21SR001 – APPENDIX C: NCSL ELECTION COSTS: WHAT STATES PAY

What States Pay For in Elections1 Category State Details Alaska Alaska Stat. §15.15.032, State pays for and conducts federal and state §15.10.110, §15.15.060 et elections, which are combined, and for certain local State pays all expenses seq., §15.15.380, elections. for federal or state §15.15.390 elections. Delaware The State Department of Elections has responsibility Del. Code tit. 15 for and bears the cost of all election administration §4514, §201A, §215 in the state.

Alabama State pays for half of elections that include federal, Ala. Code. state and county races, or an election to amend the §17-16-2 to constitution. The state pays for the total cost of an §17-16-6 election that contains only federal or state offices. State reimburses counties for all election costs if the only item on the ballot is a statewide ballot issue. For any other election where there is a statewide Colorado ballot issue/question on the ballot, the state Colo. Rev. Stat. §1-5-505.5 reimburses at 90 cents per active registered voter in State pays all expenses if counties with 100,000 or fewer active registered only state candidates or voters, or 80 cents per voter in counties with more issues are on the ballot. If than 100,000 voters. other local issues are also State pays all expenses for state elections which do on the ballot, state pays a not involve county offices. When both state and Hawaii portion of election county offices are on the ballot, counties pay a Hawaii Rev. Stat. §11-182 expenses. prorated amount based on the proportion of total to §11-184 registered voters and the state pays remaining expenses. State pays for election expenses for gubernatorial and congressional general and primary elections and Louisiana presidential primary elections, unless local La. Rev. Stat. §18:1400.1 candidates or questions also appear on the ballot, in to which case the state pays half. The remaining half is §18:1400.8 split between the state and local or municipal jurisdictions participating in the election.

State bears a portion of Kentucky State reimburses counties for the cost of elections at the cost of all elections. Ky. Rev. Stat. §117.345 a set rate of $255 per precinct annually.

1 https://www.ncsl.org/research/elections-and-campaigns/election-costs.aspx 21SR001 – APPENDIX C: NCSL ELECTION COSTS: WHAT STATES PAY

Category State Details Rhode Island R.I. Gen. Laws Local jurisdictions in Rhode Island pay for poll §17-6-3 et seq. workers and polling sites. The state bears all other §17-7-5 costs of the election, including voting equipment, §17-9.1-2 polling place supplies and ballots. §17-19-2 et seq.

Arkansas Arkansas reimburses counties for statewide special Ark. Code Ann. elections and nonpartisan general elections on an §7-7-201, §7-4-101(11) estimated average cost per voter basis, by county, Ark. Admin. Code which is established by the State Board of Election 108.00.5-501 to 108.00.5- Commissioners. 507 Florida State reimburses the “actual expenses” of holding a Fla. Stat. §100.102 statewide special election. State reimburses for special elections for Iowa constitutional amendments or statewide public Iowa Code Ann. §49A.9 measures that are not held at the same time as the State pays for statewide general election. special elections or Michigan State reimburses localities for actual costs of statewide elections that Mich. Comp. Laws Ann. statewide special elections. don’t coincide with §168.487 regularly scheduled State pays for statewide elections when only state elections when there is questions or candidates are on the ballot. only a state candidate or State reimburses localities for the cost of conducting Missouri question on the ballot. If statewide elections in off-years and special elections Mo. Rev. Stat. other local issues are also that don’t coincide with primary or general elections §115.061 to §115.065 on the ballot, state may in even-numbered years. State shares a proportional pay a portion of election cost of elections when state questions or candidates expenses. are submitted to a vote at the same time as questions or candidates from other political subdivisions. New Jersey State pays expenses for special elections held to fill N.J. Rev. Stat. vacancies in the Senate or General Assembly. §19:45-1.1 North Dakota State reimburses counties for all costs incurred in N.D. Cent Code conducting a statewide special election not held on §16.1-01-02.3 the date of a statewide primary or general election. Ohio State pays for the entire cost of an election when a Ohio Rev. Code §3501.17 statewide ballot measure is the only thing on the §3513.301 et seq. ballot. When a special election contains both a §3521.03 constitutional amendment posed by the legislature 21SR001 – APPENDIX C: NCSL ELECTION COSTS: WHAT STATES PAY

Category State Details and ballot measures from a political subdivision, the state pays a proportional division of costs. State pays for special elections in certain instances when a candidate withdraws or dies prior to an election, or if there is a vacancy in the offices of representative to congress or governor. Oregon State pays for special elections, statewide recall or Or. Rev. Stat. other statewide special elections not regularly §254.660 scheduled. If a county is in fiscal distress that §246.179 compromises the county’s ability to conduct §246.710 elections at an adequate level, the state may perform services necessary and seek reimbursement from the Emergency Board. State reimburses county boards of elections for those Pennsylvania additional costs incurred in any special election held Pa. Cons. Stat. tit. 25 to fill a vacancy in the Pennsylvania General §2645 Assembly. Tennessee State reimburses for all expenses for special Tenn. Code Ann. elections when only a state assembly member is on §2-12-109 the ballot. State reimburses prorated share of costs when state Washington officers or measures are voted on in a state primary Wash. Rev. Code or general election in an odd-number year, and for a §29A.04.410 to vacancy election to fill the position of U.S. senator §29A.04.430 or representative. West Virginia State reimburses for reasonable expenses for special W. Va. Code elections to fill a vacancy not held on a regular §3-10-9 election date.

Arkansas State pays for statewide State reimburses counties for presidential primary Ark. Code Ann. primary and presidential elections and statewide primary elections on an §7-7-201, §7-4-101(11) primary elections. estimated average cost per voter basis, by county, Ark. Admin. Code which is established by the State Board of Election 108.00.5-501 to 108.00.5- Note: When states pay Commissioners. 507 some or all election costs State pays all costs associated with primaries for (the first three categories) South Carolina state offices, offices including more than one county, this is also usually S.C. Code Ann. countywide offices and special district offices. State applicable to statewide and §7-13-15 conducts and pays for presidential preference presidential primary §7-11-20 primaries. Political parties may charge filing fees elections. §7-11-25 (not to exceed $20,000) for each candidate certified 21SR001 – APPENDIX C: NCSL ELECTION COSTS: WHAT STATES PAY

Category State Details to appear on the presidential primary ballot, which are then transmitted to the state for use in conducting the election. Parties may choose instead to conduct advisory primaries according to the party’s own rules and at the party’s expense. Texas Tex. Election Code State reimburses for the majority of costs of all §173.001 to primary elections. §173.088 §191.006

State reimburses counties for presidential primary elections at the rate of $1.25 per active registered Arizona voter, though if the secretary of state determines that Ariz. Rev. Stat. reimbursement at this rate would jeopardize the §16-250 ability of a county to comply with federal and state laws the county may be released from that rate of reimbursement. Idaho State reimburses all costs related to a presidential Idaho Code §34-738 primary. State reimburses counties for direct expenses of a Kansas presidential preference primary election; however Kan. Stat. Ann. Kansas typically holds caucuses to select presidential §25-4508 nominees and has not held a presidential primary State pays for since 1992. presidential primary Michigan State reimburses localities for actual costs of elections. Mich. Comp. Laws Ann. presidential primaries. §168.624g The secretary of state reimburses counties and Minnesota municipalities for expenses incurred in the Minn. Stat. §207A.15 administration of the presidential nomination primary from a special revenue fund. State pays for all costs of presidential preference Missouri primaries unless there are political subdivisions Mo. Rev. Stat. §115.785 holding an election on the same day, in which case the cost is proportional. Tennessee State reimburses all expenses for presidential Tenn. Code Ann. preferences primaries. §2-12-109 Virginia State pays for presidential primary elections. Va. Code Ann. 21SR001 – APPENDIX C: NCSL ELECTION COSTS: WHAT STATES PAY

Category State Details §24.2-545 Washington State reimburses for all of the costs associated with a Wash. Rev. Code presidential primary election if it is held alone, and a §29A.56.060 prorated share of the costs otherwise.

Vote smarter

WyomingWyomingwith Ranked Choice Voting H ere are the candidates!

Betty Bear Billy Bison Paula Pronghorn Robert Rabbit Felix Fox Diana Deer

1st Choice 2nd Choice 3rd Choice 4th Choice 5th Choice Betty Bear Billy Bison Paula Pronghorn Robert Rabbit Felix Fox Diana Deer In 2020, the Wyoming Democratic Party will use ranked choice voting (RCV) to determine how many delegates each Presidential candidate will get. You can vote early by mail by March 20th, in person on March 28th, or in caucus on April 4th. RCV lets you rank your 5 favorite candidates in order of preference. If your favorite candidate has limited support, your vote will still count for your next choice. This is how it works:

39% 35% 37% +2% +2% 26% 20% 22% 19% 16% 16% 12% 14% 13% 12% +2% +4% 11% 8% +1% +1% +2% +3% +3%

Bear Bison Prong- Rabbit Fox Deer Bear Bison Prong- Rabbit Fox Deer Bear Bison Prong- Rabbit Fox Deer horn horn horn 1st choices are counted. Any If, after counting 1st choices some This process repeats until all the candidate that receives at least candidates have not received 15% candidates left have at least 15% of 15% of the 1st choice votes will of the vote, the candidate with the the vote. automatically earn delegates. lowest percentage of 1st choices is eliminated. Voters who chose that Candidates will earn their proportional candidate as their favorite have share of delegates, based on the their votes count for their next percentage that each candidate got choice candidate. in the final round of the tally.

For more information go to www.WyomingRCV2020.org 21SR001 – APPENDIX E: FAIRVOTE RANKED CHOICE VOTING LEGISLATION

2021 State Legislation on Ranked Choice Voting1 Arizona: • HB2693: Authorizes ranked choice voting for local elections. [Bill no longer active] • HB2378: Established ranked choice voting for presidential primary elections. [Bill no longer active] • SB1698: Ensures electronic voting systems are compatible with RCV. [Bill no longer active] Colorado: • HB1071: Facilitates ranked choice voting for local elections. [Bill has passed the house and two senate committees] Connecticut: • HB05884: Creates a task force to study ranked choice voting. Georgia: • HB59: Establishes ranked choice voting for military and overseas voters in two-round runoff elections.[Bill no longer active, but its core provisions were signed into law as part of SB202] • HB284: Authorizes ranked choice voting for local elections. [Bill no longer active] • HB285: Establishes ranked choice voting for presidential general elections.[ Bill no longer active] Hawaii: • SB215: Establishes ranked choice voting for general elections, special elections, and partisan primaries.[Bill no longer active] • SB169: Establishes ranked choice voting for special federal elections and special elections of vacant county council seats.[Bill no longer active] • SB560: Establishes ranked choice voting for special federal elections and special elections of vacant county council seats. [Bill passed Hawaii Senate and House with minor differences that were not resolved in a conference committee. Bill is no longer active.]

Illinois • HB2416: Establishes RCV for state legislative and executive offices. • SB1785: Establishes RCV for state legislative and executive offices. Indiana: • HB1216: Authorizes ranked choice voting for local elections. [Bill no longer active] Kentucky: • SB124: Establishes ranked choice voting for state offices. [Bill no longer active] Maine: • LD202: Proposes a constitutional amendment to allow RCV for more offices. [Bill passed joint committee on Veterans and Legal Affairs. Bill carried over to next session.] • LD859: Authorizes ranked choice voting for local elections. [Bill carried over to next session.] • LD1121: Establishes top-two open primaries with RCV in the first round. [FairVote is neutral on top-two election methods.] Maryland: • HB767: Authorizes use of ranked choice voting for county elections in Montgomery County. [Bill no longer active] Massachusetts: • S485: Authorizes ranked choice voting for local elections. • H825: Authorizes ranked choice voting for local elections.

1 https://www.fairvote.org/2021_state_legislation_advancing_ranked_choice_voting 21SR001 – APPENDIX E: FAIRVOTE RANKED CHOICE VOTING LEGISLATION

• H843: Authorizes ranked choice voting for local elections. • H777: Approves the charter for the town of Amherst to use RCV for municipal offices. Minnesota: • HF89: Establishes ranked choice voting for federal and state offices; Authorizes ranked choice voting for local elections. • HF1375: Establishes ranked choice voting for federal and state offices; Authorizes ranked choice voting for local elections • SF218: Establishes ranked choice voting for federal and state offices; Authorizes ranked choice voting for local elections. • SF708: Prohibits local implementation of RCV. [FairVote opposes this bill.] Mississippi: • HB1241: Establishes ranked choice voting for select federal and state offices. [Bill no longer active] Missouri: • HB1137: Authorizes ranked choice voting for local elections in St. Louis County. [Bill no longer active in 2021 / includes multi-winner uses of RCV on which FairVote is neutral.] • HB1344: Establishes ranked choice voting for all local elections in Missouri. [Bill no longer active in 2021 / includes multi-winner uses of RCV on which FairVote is neutral.] Montana: • HB452: Authorizes ranked choice voting for local elections. [Bill no longer active.] Nebraska: • LB125: Establishes ranked choice voting for select federal and state offices. New Jersey: • S3250: Creates a task force to evaluate several election reforms, including an assessment of the feasibility of ranked choice voting. • A5166: Creates a task force to evaluate several election reforms, including an assessment of the feasibility of ranked choice voting. • S1820: Establishes ranked choice voting for select federal and state offices, including presidential primary and general elections. • A1200: Establishes ranked choice voting for select federal and state offices, including presidential primary and general elections. • A4744: Authorizes ranked choice voting for local elections. • S2992: Authorizes ranked choice voting for local elections. New Mexico: • SJR22: Proposes state constitutional amendment to establish RCV for all nonpartisan elections and all local elections and to enable RCV for all partisan elections. [No longer active] New York: • S00491: Authorizes ranked choice voting for local elections. • A05085: Authorizes ranked choice voting for local elections. • A04495: Authorizes ranked choice voting for local elections. • S00824: Creates a pilot program for ranked choice voting to be used in up to ten local governments, selected by the state board of elections. • A01009: Establishes ranked choice voting or presidential primary and general elections. • S00824: Creates a pilot program for ranked choice voting to be used in up to ten local governments, selected by the state board of elections. • A00541: Establishes ranked choice voting for New York City municipal elections. • S02625: Establishes ranked choice voting for New York City municipal elections. • A02051: Establishes ranked choice voting for New York City municipal elections. 21SR001 – APPENDIX E: FAIRVOTE RANKED CHOICE VOTING LEGISLATION

• S04296: Establishes ranked choice voting for New York City municipal elections. Oregon: • SB343: Authorizes ranked choice voting for county elections and provides for purchase of RCV- compatible equipment. • HB2686: Requires that any voting machine approved by the Secretary of State be compatible with ranked choice voting elections. • HB2678: Establishes ranked choice voting for non-partisan state, county, and city offices. • HB2685: Establishes RCV for military and overseas voters. Pennsylvania: • SB59: Authorizes ranked choice voting for local elections. South Dakota: • SB91: Authorizes ranked choice voting for local elections. [Bill no longer active] Texas: • HB117: Establishes RCV for primary elections in place of two-round runoffs. • HB740: Establishes ranked choice voting for military and overseas voters in two-round runoff elections. [Bill has passed the House] • SB537: Authorizes ranked choice voting for local elections. • HB2457: Authorizes ranked choice voting for local elections. Utah: • HB75: Establishes procedures relating to the state's municipal RCV Pilot Project making it easier for cities to use RCV in 2021. [Bill passed and signed into law] • HB127: Establishes ranked choice voting for primary elections for state and county offices. [Bill no longer active] Vermont: • S0050: Establishes ranked choice voting for primary and general elections for select federal and state offices. [Bill no longer active] • H0236: Establishes ranked choice voting for primary and general elections for select federal and state offices. Virginia: • HB360: Establishes non-partisan primary elections and top-four ranked choice voting for general elections. [Bill no longer active] Washington: • HB1156: Authorizes ranked choice voting for local elections. [Bill no longer active] West Virginia: • SB229: Establishes ranked choice voting for election of justices to the WV Supreme Court of Appeals. [Bill no longer active] Wisconsin: • AB150: Establishes ranked choice voting for federal, state, and local elections. • SB240: Establishes ranked choice voting for federal, state, and local elections. • AB244: Establishes non-partisan primary elections and top-five ranked choice voting for general elections. • SB250: Establishes non-partisan primary elections and top-five ranked choice voting for general elections.