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New York City’s Two-Tiered Voting System Is Undermining Democracy

  • Joseph Hernandez
  • Jul 25
  • 2 min read

Updated: Jul 27


NYC Voting System

In 2019, New York City voters chose progress. By passing ranked-choice voting (RCV), they signaled a desire for fairer elections and stronger voter representation. But five years later, that reform remains half-implemented—used only in primaries and special elections, not in the general election where real power is decided. This isn’t just an oversight—it’s a structural failure with national implications.

 

That’s why I’ve filed a federal lawsuit to require RCV be implemented in New York City’s 2025 general mayoral election.

 

In a country where we pride ourselves on the principle of “one person, one vote,” it’s astonishing that America’s largest city maintains two unequal systems of voting. Primary voters enjoy full ballot expression through ranked choices, while general election voters are stuck with a single-choice system that favors establishment candidates and fractures broad coalitions.

 

This disparity violates the Equal Protection Clause of the Fourteenth Amendment. It also infringes upon the First Amendment rights of candidates and voters alike, and may violate the Voting Rights Act by diluting minority votes in large, multi-candidate fields.

 

The risk is real. This November, more than a dozen candidates—Democrats, Republicans, independents, and third-party voices—will be on the general election ballot. Without RCV, a candidate could win with as little as 20–25% of the vote. That’s not a mandate—it’s a failure of the system.

 

I’m not filing this lawsuit for political advantage. I’m filing it to protect a principle. I’m the son of Cuban immigrants—a dishwasher and a housekeeper—who came to this country believing in democratic opportunity. I’m running for mayor as an independent because I believe New Yorkers deserve a government that reflects the people, not just the parties.

 

Ranked-choice voting works. It encourages civility, reduces vote-splitting, and ensures winners have broad support. It’s already law in New York City. The problem is: it stops where it matters most. If it’s fair enough for a primary, it should be fair enough for a general election.

 

This lawsuit isn’t just about New York—it’s a warning to every American city and state. Partial democracy is not democracy at all. Every voter, regardless of affiliation or background, deserves the right to fully express their will at the ballot box.

 

If we don’t fix systems like this now, we risk further alienating voters, deepening polarization, and entrenching insiders. Let’s lead by example—starting in New York—and ensure our elections reflect the will of the people, not the flaws of outdated rules.

 
 
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