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H 4189

DHEC Restructuring

2025-2026 Regular Session Introduced by Sylleste Davis and 1 co-sponsor

Allows Amherst to implement ranked-choice voting for municipal elections with a defined counting method and tie-breaking, applying 120 days after enactment.

Act No. 146
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WeVote Research Nonpartisan
Bill Summary · H 4189

Summary: H.4189 — An Act relative to the implementation of elements of the charter for the city known as the town of Amherst

Overview

H.4189 would authorize the Town of Amherst to use ranked-choice voting (RCV) in its municipal elections. The act creates a framework for implementing RCV in Amherst, including definitions, ballot formats, counting methods, and tie-breaking procedures. The measure is narrowly tailored to municipal elections in Amherst and does not alter state or federal election laws. The act taking effect immediately but only applies to elections occurring 120 days after enactment.

Purpose and Intent

  • Provide Amherst with a local option to adopt ranked-choice voting for municipal contests.
  • Establish a clear, repeatable process for counting votes under RCV using the weighted inclusive Gregory method (transfer-value-based distribution of surpluses and transfers during rounds).

Key Provisions

Section 1 – Authorization

  • Amherst is authorized to use ranked-choice voting in municipal elections only, notwithstanding general or special laws to the contrary.

Section 2 – Definitions

  • Introduces standardized RCV terminology, including: continuing candidate, exhausted ballot, highest continuing ranking, overvote, ranking, threshold, transfer value, round, surplus, skipped ranking, and repeat candidate ranking.
  • Establishes that votes flow through rounds and can be distributed as fractions of a vote using transfer values (starting at 1 for each ballot).

Section 3 – Ballot Preparation

  • RC voting ballots must allow rankings for at least the smaller of (i) seats plus two, or (ii) total declared candidates plus write-ins.
  • Ballots must indicate the number of seats to be filled and otherwise comply with General Laws.

Section 4 – Tabulation and Counting

  • Elections proceed in rounds; a voter’s lower-ranked choices cannot affect a higher-ranked winner, and no ballot has a total value greater than 1.
  • Thresholds for election are determined per round by the Town Clerk (with Board of Registrars).
  • If a candidate meets/exceeds the threshold, they are elected; surpluses are distributed to the highest continuing ranking on contributing ballots via transfer values.
  • If no candidate meets the threshold after transfers, the lowest vote-getter is eliminated, and their ballots are transferred according to the highest continuing ranking; exhausted ballots are not transferred.
  • The process repeats until all seats are filled or the number of continuing candidates equals the number of seats; remaining continuing candidates are declared elected if necessary.
  • A tie-break method will be established by the Town Clerk with the Board of Registrars and recorded for potential recounts.

Section 5 – Constitutional/Legal Compatibility

  • If any part is declared unconstitutional, the remainder remains in effect.

Section 6 – Effective Date

  • Act takes effect immediately upon approval but applies only to municipal elections occurring 120 days after enactment.

Who Is Affected

  • Amherst voters and candidates in municipal elections.
  • Amherst Town Clerk and Board of Registrars (implementation, tallying, and tie-breaking).
  • Ballot design and election administration systems to support RCV.

Procedural and Timeline Details

  • Introduced: June 4, 2025; Referred to the Committee on Election Laws.
  • Senate concurred: June 5, 2025.
  • Hearing: Scheduled for November 13, 2025, 1:00 PM–5:00 PM in hearing room A-2.
  • Related action: House Docket No. 4771; HD 4771 referenced as the replacement bill.

Impact and Considerations

  • Enables Amherst to implement a multi-seat RCV process (e.g., for town council/board seats) while preserving the one-voter-one-vote value in rounds.
  • Requires administrative readiness: ballots, tabulation software, training for staff, and clear tie-breaking procedures.
  • Maintains alignment with state election law while allowing local experimentation in municipal elections.

Compiled from official sources — confirm details with the bill’s official record.

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