1. 3/6/2007 Instant Runoff Voting for North Carolina 1 Instant Runoff Voting Time: 8:00 am – 3:30 pm Date:March 6, 2007 Room:Board Room Attendees: SBE: Gary Bartlett, Johnnie McLean, Keith Long, Brooks Garrett-Jones, Suzanne Carpenter TEM Consulting:Steven Berger ES&S:Herb Deutsch, Mike Mankin Printelect:Owen Andrews Fairvote:Rob Ritchie, Dr. Christopher Jerdonek Democracy NC:Bob Hall Exhibit B

2. 3/6/2007Instant Runoff Voting for North Carolina2 AGENDA 8:00 – 8:15Introductions/Opening CommentsGary Bartlett 8:00 – 8:15Introductions/Opening CommentsGary Bartlett 8:15 – 8:30Goals for the IRV MeetingKeith Long 8:15 – 8:30Goals for the IRV MeetingKeith Long 8:30 – 9:15 Discussion of IRV BallotsRob Richie 8:30 – 9:15 Discussion of IRV BallotsRob Richie 9:15 – 9:30ES&S limitationsHerb Deutsch 9:15 – 9:30ES&S limitationsHerb Deutsch 9:30 – 10:00Review of North Carolina LawKeith Long 9:30 – 10:00Review of North Carolina LawKeith Long 10:00 – 10:15Break 10:00 – 10:15Break 10:15 – 10:30North Carolina Ballot LayoutsBrooks Garrett-Jones 10:15 – 10:30North Carolina Ballot LayoutsBrooks Garrett-Jones 10:30 – 11:15Develop Plan A for North CarolinaKeith Long 10:30 – 11:15Develop Plan A for North CarolinaKeith Long 11:15 – 12:00 Develop Plan B for North CarolinaSteve Berger 11:15 – 12:00 Develop Plan B for North CarolinaSteve Berger 12:00 - 1:00Adjourn for Lunch 12:00 - 1:00Adjourn for Lunch 1:00 – 1:30Timelines for IRV Herb Deutsch 1:00 – 1:30Timelines for IRV Herb Deutsch 1:30 – 2:00Summary of Days ActivitiesKeith Long 1:30 – 2:00Summary of Days ActivitiesKeith Long 2:00 – 3:00Conference Call All 2:00 – 3:00Conference Call All 3:00 – 3:30Scottish Election in MayRob Richie 3:00 – 3:30Scottish Election in MayRob Richie 3:30Adjourn 3:30Adjourn

3. 3/6/2007Instant Runoff Voting for North Carolina3 Introductions/Opening Comments Gary Bartlett

4. 3/6/2007Instant Runoff Voting for North Carolina4 Goals for the IRV Meeting Keith Long Develop an understanding of IRV voting. Develop an understanding of IRV voting. Review potential ballot designs. Review potential ballot designs. Understand hardware/software limitations Understand hardware/software limitations Plan A – use current hardware/software Plan A – use current hardware/software Plan B – define needed enhancements to Plan B – define needed enhancements to hardware/software for 2008. Share plan with other jurisdictions. Share plan with other jurisdictions.

5. 3/6/2007Instant Runoff Voting for North Carolina5 Discussion of IRV Ballots Rob Ritchie

6. 3/6/2007Instant Runoff Voting for North Carolina6 ES&S limitations Herb Deutsch Model 100 Model 100 Model 650 Model 650 iVotronic iVotronic Full Unity Software Full Unity Software

7. 3/6/2007Instant Runoff Voting for North Carolina7 Review of North Carolina Law Keith Long The State Board of Elections shall select local jurisdictions in which to conduct a pilot program during the 2007 and 2008 elections for local offices using instant runoff voting. The State Board shall select: (1) Up to 10 cities for the 2007 elections. (2) Up to 10 counties for the 2008 elections. In selecting those local jurisdictions, the State Board shall seek diversity of population size, regional location, and demographic composition. The pilot shall be conducted only with the concurrence of the county board of elections that conducts elections for the local jurisdiction. If a city is selected that has voters in more than one county, the concurrence of all the county boards of elections that conduct that city's elections is required. The pilot program shall consist of using instant runoff voting as the method for determining the winner or winners of a partisan primary or a nonpartisan election that normally uses nonpartisan election and runoff or nonpartisan primary and election. Instant runoff voting may also be used to determine results in an election where nonpartisan plurality elections are normally used, but only if the governing board of the local jurisdiction concurs.

8. 3/6/2007Instant Runoff Voting for North Carolina8 As used in this section, "instant runoff voting" means a system in which voters rank up to three of the candidates by order of preference, first, second, or third. If the candidate with the most first-choice votes receives the threshold of victory of the first-choice votes, that candidate wins. If no candidate receives the threshold of victory of first-choice votes, the two candidates with the greatest number of first-choice votes advance to a second round of counting. In this round, each ballot counts as a vote for whichever of the two final candidates is ranked highest by the voter. The candidate with the most votes in the second round wins the election. The threshold of victory of first-choice votes for a partisan primary shall be forty percent (40%) plus one vote. The threshold of victory for a nonpartisan election and runoff or nonpartisan primary and election shall be a majority of the vote. The threshold of victory in a contest that normally uses nonpartisan plurality shall be determined by the State Board with the concurrence of the county board of elections and the local governing board. If more than one seat is to be filled in the same race, the voter votes the same way as if one seat were to be filled. The counting is the same as when one seat is to be filled, with one or two rounds as needed, except that counting is done separately for each seat to be filled. The first counting results in the first winner. Then the second count proceeds without the name of the first winner. This process results in the second winner. For each additional seat to be filled, an additional count is done without the names of the candidates who have already won.

9. 3/6/2007Instant Runoff Voting for North Carolina9 Other details of instant runoff voting are as described in House Bill 1024 (First Edition) of the 2005 Regular Session of the General Assembly, with modifications the State Board deems necessary, in primaries and/or elections for city offices, for county offices, or for both. Those modifications may include giving the voter more than three choices in case of multi-seat contests. The State Board shall not use instant runoff voting in a primary or election for an office unless the entire electorate for the office uses the same method. SECTION 1.(b) The State Board of Elections shall closely monitor the pilot program established in this section and report its findings and recommendations to the 2007 General Assembly.

10. 3/6/2007 Instant Runoff Voting for North Carolina 10 House Bill 1024 An act to provide for INSTANT RUNOFF VOTING in statewide party primaries and certain statewide judicial vacancy elections.

11. 3/6/2007Instant Runoff Voting for North Carolina11 § 163-111 Determination of primary results; second primaries. Partisan Primary determined by Substantial Plurality 40% + 1 of votes cast Partisan Primary determined by Substantial Plurality 40% + 1 of votes cast Nonpartisan Primary or Nonpartisan Election and Runoff determined by majority Nonpartisan Primary or Nonpartisan Election and Runoff determined by majority Candidate receiving most votes wins Candidate receiving most votes wins Threshold of Victory:

12. 3/6/2007Instant Runoff Voting for North Carolina12 For example...

13. 3/6/2007Instant Runoff Voting for North Carolina13 § 163-111 Determination of primary results; second primaries. (b) Right to Demand Second Primary (b) Right to Demand Second Primary Only if insufficient number cross threshold of victory Only if insufficient number cross threshold of victory Only those with second highest number of votes Only those with second highest number of votes Current status:

14. 3/6/2007Instant Runoff Voting for North Carolina14 For example...

15. 3/6/2007Instant Runoff Voting for North Carolina15 § 163-111 Determination of primary results; second primaries. (c) Procedure for Requesting Second Primary (c) Procedure for Requesting Second Primary File request with SBoE Executive Director no later than 12:00 noon on ninth day following date on which primary was conducted File request with SBoE Executive Director no later than 12:00 noon on ninth day following date on which primary was conducted Subject to certification of official results Subject to certification of official results If vote certification determines that a candidate not originally thought eligible to call for second primary is in fact eligible, candidate is notified and has 48 hours to exercise options - only for certain offices... If vote certification determines that a candidate not originally thought eligible to call for second primary is in fact eligible, candidate is notified and has 48 hours to exercise options - only for certain offices...

16. 3/6/2007Instant Runoff Voting for North Carolina16 Governor Lieutenant Governor All State executive officers District Attorneys of the General Court of Justice United States Senators Members of the United States House of Representatives State Senators in multi-county senatorial districts Members of the State House of Representatives in multi-county representative districts State Senators in single-county senatorial districts Members of the State House of Representatives in single-county representative districts All county officers

17. 3/6/2007Instant Runoff Voting for North Carolina17 § 163-111 Determination of primary results; second primaries. (c1) Primaries for Statewide Offices (c1) Primaries for Statewide Offices If no candidate receives a substantial plurality, winner shall be determined by instant runoff voting If no candidate receives a substantial plurality, winner shall be determined by instant runoff voting No need for second-place candidate to call for it No need for second-place candidate to call for it Amended:

18. 3/6/2007Instant Runoff Voting for North Carolina18 § 163-111A. Instant runoff voting. (a) Accomplishes the same effect as all voters participating in a second primary or runoff (a) Accomplishes the same effect as all voters participating in a second primary or runoff Voters rank candidates in order of preference Voters rank candidates in order of preference In first round, only first-choice votes counted In first round, only first-choice votes counted If no candidate receives a substantial plurality, the two candidates with the greatest number of first-choice votes advance to the second round If no candidate receives a substantial plurality, the two candidates with the greatest number of first-choice votes advance to the second round Each ballot counts as a vote for whichever of the two final candidates is ranked higher Each ballot counts as a vote for whichever of the two final candidates is ranked higher

19. 3/6/2007Instant Runoff Voting for North Carolina19 § 163-111A. Instant runoff voting. (b) Voting. (b) Voting. Ballots shall be made simple and easy to understand Ballots shall be made simple and easy to understand Instructions shall inform the voter: Instructions shall inform the voter: (1) In addition to marking their first-choice candidate, the voter may rank alternate choice candidates (1) In addition to marking their first-choice candidate, the voter may rank alternate choice candidates (2) That marking a second or other choice candidate can never defeat the voter’s first choice (2) That marking a second or other choice candidate can never defeat the voter’s first choice

20. 3/6/2007Instant Runoff Voting for North Carolina20 For example... Anne Buddy Cindy Dexter Enid Fred Vote for one:AnneBuddy Cindy Dexter Enid Fred 123456 Vote for as many as you like. Rank candidates in order of preference:

21. 3/6/2007Instant Runoff Voting for North Carolina21 § 163-111A. Instant runoff voting. (c) Counting. (c) Counting. Ballots shall be counted initially according to the first choice marked on each ballot Ballots shall be counted initially according to the first choice marked on each ballot If one candidate crosses threshold of victory, BoE shall certify that candidate as the winner If one candidate crosses threshold of victory, BoE shall certify that candidate as the winner If no candidate crosses threshold of victory, all candidates shall be eliminated except the two candidates with the greatest number of first choices If no candidate crosses threshold of victory, all candidates shall be eliminated except the two candidates with the greatest number of first choices

22. 3/6/2007Instant Runoff Voting for North Carolina22 § 163-111A. Instant runoff voting. BoE conducts second, final round of counting BoE conducts second, final round of counting In the second round, each ballot is counted as one vote for the highest ranked candidate on that ballot who has not been eliminated In the second round, each ballot is counted as one vote for the highest ranked candidate on that ballot who has not been eliminated The candidate with the greater number of votes in the second round shall be certified as the winner The candidate with the greater number of votes in the second round shall be certified as the winner

23. 3/6/2007Instant Runoff Voting for North Carolina23 For example... 123456 Anne●○○○○○ Buddy○●○○○○ Cindy○○●○○○ Dexter○○○●○○ Enid○○○○●○ Fred○○○○○●123456Anne●○○○○○ Buddy○○○●○○ Cindy○●○○○○ Dexter○○○○●○ Enid○○●○○○ Fred○○○○○● 123456Anne○○○○●○ Buddy○○○○○● Cindy●○○○○○ Dexter○●○○○○ Enid○○●○○○ Fred○○○●○○123456Anne○○○●○○ Buddy○○○○●○ Cindy○○○○○● Dexter●○○○○○ Enid○●○○○○ Fred○○●○○○ 123456Anne●○○○○○ Buddy○●○○○○ Cindy○○●○○○ Dexter○○○●○○ Enid○○○○●○ Fred○○○○○●123456Anne●○○○○○ Buddy○○○●○○ Cindy○●○○○○ Dexter○○○○●○ Enid○○●○○○ Fred○○○○○● 123456Anne○○○○●○ Buddy○○○○○● Cindy●○○○○○ Dexter○●○○○○ Enid○○●○○○ Fred○○○●○○123456Anne○○○●○○ Buddy○○○○●○ Cindy○○○○○● Dexter●○○○○○ Enid○●○○○○ Fred○○●○○○

24. 3/6/2007Instant Runoff Voting for North Carolina24 § 163-111A. Instant runoff voting. (d) General Provisions. (d) General Provisions. After the initial round, if a ballot does not indicate one of the uneliminated candidates as an alternative choice, the ballot is exhausted After the initial round, if a ballot does not indicate one of the uneliminated candidates as an alternative choice, the ballot is exhausted Assigning more than one ranking to the same candidate shall not invalidate the vote Assigning more than one ranking to the same candidate shall not invalidate the vote If more than two candidates qualify for the second round, instant runoff voting shall determine which two candidates advance If more than two candidates qualify for the second round, instant runoff voting shall determine which two candidates advance

25. 3/6/2007Instant Runoff Voting for North Carolina25 For example... 123456 Anne●○○○○○ Buddy○●○○○○ Cindy○○●○○○ Dexter○○○●○○ Enid○○○○●○ Fred○○○○○●123456Anne●○○○○○ Buddy○○○●○○ Cindy○●○○○○ Dexter○○○○●○ Enid○○●○○○ Fred○○○○○● 123456Anne○○○○●○ Buddy○○○○○● Cindy●○○○○○ Dexter○●○○○○ Enid○○●○○○ Fred○○○●○○123456Anne○○○●○○ Buddy○○○○●○ Cindy○○○○○● Dexter●○○○○○ Enid○●○○○○ Fred○○●○○○ 123456Anne●○○○○○ Buddy○○○○○○ Cindy○○○○○○ Dexter○○○○○○ Enid○○○○○○ Fred○○○○○○123456Anne○○○○○○ Buddy●●●●●● Cindy○○○○○○ Dexter○○○○○○ Enid○○○○○○ Fred○○○○○○ 123456Anne●○○○○○ Buddy○○○○○○ Cindy○○○○○○ Dexter○○○○○○ Enid○○●○○○ Fred○●○○○○123456Anne○●○○○○ Buddy○○○●○○ Cindy○○○○●○ Dexter●○○○○○ Enid○●○○○○ Fred○○●○○○

26. 3/6/2007Instant Runoff Voting for North Carolina26 Break

27. 3/6/2007Instant Runoff Voting for North Carolina27 North Carolina Ballot Layouts Brooks Garrett-Jones

28. 3/6/2007Instant Runoff Voting for North Carolina28

29. 3/6/2007Instant Runoff Voting for North Carolina29

30. 3/6/2007Instant Runoff Voting for North Carolina30

31. 3/6/2007Instant Runoff Voting for North Carolina31 Develop Plan A for North Carolina Keith Long Ballots Ballots 1. Optical Scan 2. iVotronic Tabulation Methods Tabulation Methods 1. Optical Scan 2. iVotronic

32. 3/6/2007Instant Runoff Voting for North Carolina32 Develop Plan B for North Carolina Steve Berger Hardware enhancements Hardware enhancements Software enhancements Software enhancements Logic Diagrams Logic Diagrams System Flow Diagrams System Flow Diagrams Development of a Statement of Work Development of a Statement of Work Certification issues Certification issues

33. 3/6/2007Instant Runoff Voting for North Carolina33 Adjourn for Lunch

34. 3/6/2007Instant Runoff Voting for North Carolina34 Timelines for IRV Herb Deutsch Software Development Software Development EAC Testing/Certification EAC Testing/Certification State Certification State Certification

35. 3/6/2007Instant Runoff Voting for North Carolina35 Summary of Days Activities All

36. 3/6/2007Instant Runoff Voting for North Carolina36 Conference Call

37. 3/6/2007Instant Runoff Voting for North Carolina37 Scottish Election in May Rob Ritchie