Civil Rights Law

A Guide to Ranked-Choice Voting: What It Is and Where It's Used

Key Takeaways

  • Ranked-choice voting allows voters to select candidates based on order of preference.
  • If no candidate in the first round gets a majority of more than 50% of the vote, it goes to instant runoff voting.
  • The votes from the eliminated candidate are redistributed among the remaining candidates until a candidate has the majority.

Many voters are disillusioned with traditional voting methods. Unpopular candidates win with more votes even though most voters want someone else. However, some states and cities are finding alternative ways to elect candidates. This gives voters a first, second, and third choice to rank candidates.

Ranked-choice ballots allow voters to select an order of preference. The candidate with majority support is elected instead of the candidate with the most votes. For more information about ranked-choice voting, talk to a local voting civil rights attorney

What Is Ranked-Choice Voting?

In ranked-choice voting (RCV), voters rank candidates from first choice to last choice. The first-choice candidates are counted first. If a candidate has the majority, they win the election. However, if no candidate has the majority (over 50%), eliminate the lowest-ranked candidate. Redistribute any votes for the eliminated candidate based on those voters’ second choice.

Eliminating candidates and distributing their votes to the second and third choices continues until one candidate gets over 50% of the votes. This is the winning candidate.

Only a few states, cities, and municipalities have RCV elections. However, they are a popular topic for voters concerned about the current state of negative campaigning.

What Are the Types of Ranked-Choice Voting?

There are two primary types of RCV ballots: single-winner and proportional RCV. Single-winner ranked-choice is for electing a single seat, like a governor or mayor. Proportional RCV is an option for filling multiple seats, like a city council in municipal elections.

How Does Ranked-Choice Voting Work?

Using an example can help illustrate how ranked-choice voting works.

In a mayoral election, there are three candidates: A, B, and C. Voters rank their preferred candidates from first to third place, and the commission counts the first-choice votes.

Scenario 1: Majority in the First Round

  • First round: A (20%), B (25%), and C (55%).

In this scenario, Candidate C gets the majority of votes in the first round. The election is over, and Candidate C is the winning candidate.

Scenario 2: No Majority in the First Round

  • First round: A (32%), B (30%), and C (38%).

In this scenario, no candidate has more than 50% of the vote. In a traditional election, Candidate C would win with the plurality of votes. However, with RCV voting, Candidate B, with the lowest vote total, would be eliminated.

The 30% who voted for B in the first round have their second-choice votes distributed to Candidates A and C. Those voters distribute their second-choice votes as A (20%) and C (10%).

  • Second round total: A (52%) and C (48%).

In this scenario, Candid A wins after the lowest candidate’s votes go to the other candidates, and A gets a majority. Overall, voters preferred Candidate A over Candidate C.

Which States Have Ranked-Choice Voting?

As more states implement ranked-choice voting, other states and cities are interested.

Some states have ballot measures for voters to adopt ranked choice voting elections. Other states have proposed bills that would ban RCV. Cities like Minneapolis, New York City, and San Francisco have implemented RCV in local elections.

Even in states and cities with ranked-choice voting, it may be limited to certain elections. These include primary elections, congressional seats, special elections, and presidential elections. Many states allow RCV in certain local elections.

As of February 2023, the following states participate in RCV. This information comes from the Council of State Governments.

States With Some State-Wide Ranked-Choice Voting

States with state-wide RCV for federal elections include Alaska and Maine. Hawaii recently passed an RCV law for special federal elections and local city council elections.

States With Local RCV Options

A number of states have limited local election RCV. This can include opting into RCV or RCV for some jurisdictions. States that have RCV for some local elections include:

  • California
  • Colorado
  • Delaware
  • Illinois
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • New Mexico
  • New York
  • Oregon
  • Utah
  • Vermont
  • Virginia
  • Washington

States With Restricted RCV

Many southern states only allow ranked-choice voting for military servicemembers and overseas voters. These include:

  • Alabama
  • Arkansas
  • Georgia
  • Mississippi
  • South Carolina

Florida has an outright ban on RCV for all elections.

What Are the Pros and Cons of Ranked-Choice Voting?

Ranked-choice voting is becoming more popular as more states and cities adopt RCV systems. Proponents of the voting system believe RCV gives voters more control than traditional American elections. Benefits of RCV may include:

  • Enabling third-party candidates to have a voice
  • More civil campaigns with broad support
  • Eliminating the spoiler candidate effect when independent candidates run
  • Less expensive than traditional runoff elections
  • Increase first-time voter turnout

Opponents argue that the expansion of ranked-choice voting could restrict voting rights. Most voters are unfamiliar with RCV and don’t understand how it works. Dramatic changes in voting can dissuade some voters from participating in federal, state, and local elections. Common complaints of RCV include:

  • Too complicated for voters to understand
  • Costs of changing the election system
  • Causes delays in counting votes
  • The voter with the highest total votes may lose

Does RCV Affect Your Voting Rights?

Ranked-choice voting can take some getting used to. In many elections, the system may not even come into play when a candidate receives a majority of the vote. In other elections, RCV choices can make a difference in who represents the people.

Whatever the voting system, eligible voters need to have their votes counted. If you have questions about ranked-choice voting and how it affects your rights, contact a local voting civil rights attorney.

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