H.R. 6589

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6589 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6589

To establish the use of ranked choice voting in elections for the 
offices of Senator and Representative in Congress, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 10, 2025

Mr. Raskin (for himself, Mr. Beyer, Mr. Cohen, Ms. Craig, Ms. Jayapal, 
Ms. Lee of Pennsylvania, Ms. Leger Fernandez, Ms. Morrison, Mr. 
Moulton, Ms. Omar, Mr. Peters, Ms. Pingree, Ms. Pressley, Mrs. Ramirez, 
Mr. Swalwell, and Mr. Thanedar) introduced the following bill; which 
was referred to the Committee on House 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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

SEC. 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:

``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.

``(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.

``SEC. 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.

``SEC. 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.

``SEC. 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.

``PART 2--TABULATION PROCESS

``SEC. 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.

``SEC. 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.

``SEC. 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.

``SEC. 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.

``PART 3--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING

``SEC. 341. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.

``(a) Payments Described.--
``(1) Payments.--Not later than June 1, 2026, 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.

``PART 4--CIVIL ENFORCEMENT

``SEC. 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.

``PART 5--DEFINITIONS

``SEC. 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, 303, and 
304'' 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.''.

SEC. 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.

SEC. 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.

SEC. 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, 
2030.
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