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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to municipal instant runoff voting.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ amends provisions relating to marking a ballot for instant runoff voting;
14 ▸ gives a participating municipality the option of selecting different methods of
15 conducting an election by instant runoff voting;
16 ▸ describes the process of voting and of determining winners in an instant runoff
17 election, depending on the voting method selected by a participating municipality;
18 and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-3a-204, as enacted by Laws of Utah 2020, Chapter 31
27 20A-4-101, as last amended by Laws of Utah 2020, Chapter 31
28 20A-4-102, as last amended by Laws of Utah 2020, Chapters 31 and 49
29 20A-4-601, as enacted by Laws of Utah 2018, Chapter 187
30 20A-4-602, as last amended by Laws of Utah 2019, Chapter 305
31 20A-4-603, as last amended by Laws of Utah 2019, Chapter 305
32 20A-4-604, as enacted by Laws of Utah 2018, Chapter 187
33 ENACTS:
34 20A-4-605, Utah Code Annotated 1953
35 20A-4-606, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-3a-204 is amended to read:
39 20A-3a-204. Marking and depositing ballots.
40 (1) To vote by mail:
41 (a) except as provided in Subsection (6), the voter shall prepare the voter's manual
42 ballot by marking the appropriate space with a mark opposite the name of each candidate of the
43 voter's choice for each office to be filled;
44 (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
45 appropriate space with a mark opposite the answer the voter intends to make;
46 (c) except as provided in Subsection (6), the voter shall record a write-in vote in
47 accordance with Subsection 20A-3a-206(4);
48 (d) except as provided in Subsection (6), a mark is not required opposite the name of a
49 write-in candidate; and
50 (e) the voter shall:
51 (i) complete and sign the affidavit on the return envelope;
52 (ii) place the voted ballot in the return envelope;
53 (iii) securely seal the return envelope; and
54 (iv) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
55 (B) place the return envelope in a ballot drop box, designated by the election officer,
56 for the precinct where the voter resides.
57 (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
58 mailed must be:
59 (i) clearly postmarked before election day, or otherwise clearly marked by the post
60 office as received by the post office before election day; and
61 (ii) received in the office of the election officer before noon on the day of the official
62 canvass following the election.
63 (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
64 close on election day, be deposited in:
65 (i) a ballot box at a polling place; or
66 (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
67 ballot relates.
68 (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
69 drop box in the wrong jurisdiction to the correct jurisdiction.
70 (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
71 ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
72 deposit the ballot in the ballot drop box.
73 (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
74 complying with Subsections (1)(a) through (d):
75 (a) sign the official register or pollbook; and
76 (b) (i) place the ballot in the ballot box; or
77 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
78 envelope, complete the information printed on the provisional ballot envelope, and deposit the
79 provisional ballot envelope in the provisional ballot box.
80 (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
81 (b) An individual other than an individual with a disability may vote a mechanical
82 ballot at a polling place if permitted by the election officer.
83 (5) To vote a mechanical ballot, the voter shall:
84 (a) make the selections according to the instructions provided for the voting device;
85 and
86 (b) subject to Subsection (6), record a write-in vote by:
87 (i) selecting the appropriate position for entering a write-in candidate; and
88 (ii) using the voting device to enter the name of the valid write-in candidate for whom
89 the voter wishes to vote.
90 (6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
91 Municipal Alternate Voting Methods Pilot Project[
92 (a) for a municipality using the candidate elimination voting method described in
93 Sections 20A-4-603 and 20A-4-604, a voter:
94 (i) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
95 first preference for the office; and
96 [
97 in order of the voter's preference[
98 (b) for a municipality using the approval voting method described in Section
99 20A-4-605, a voter shall, as directed on the ballot, indicate one or more names of candidates
100 whom the voter approves for the office, without stating an order of preference; or
101 (c) for a municipality using the star voting method described in Section 20A-4-606, a
102 voter shall, as directed on the ballot, rate each candidate by giving the candidate a rating of
103 zero, one, two, three, four, or five, with five being the highest rating.
104 (7) A voter who votes at a polling place:
105 (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
106 area after voting; and
107 (b) may not:
108 (i) occupy a voting booth occupied by another, except as provided in Section
109 20A-3a-208;
110 (ii) remain within the voting area more than 10 minutes; or
111 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
112 voters are waiting to occupy a voting booth.
113 (8) If the official register shows any voter as having voted, that voter may not reenter
114 the voting area during that election unless that voter is an election official or watcher.
115 (9) A poll worker may not, at a polling place, allow more than four voters more than
116 the number of voting booths into the voting area at one time unless those excess voters are:
117 (a) election officials;
118 (b) watchers; or
119 (c) assisting voters with a disability.
120 Section 2. Section 20A-4-101 is amended to read:
121 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
122 polling place on day of election before polls close.
123 (1) Each county legislative body, municipal legislative body, and each poll worker
124 shall comply with the requirements of this section when counting manual ballots on the day of
125 an election, if:
126 (a) the ballots are cast at a polling place; and
127 (b) the ballots are counted at the polling place before the polls close.
128 (2) (a) Each county legislative body or municipal legislative body shall provide:
129 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
130 judges have been appointed; and
131 (ii) a counting room for the use of the poll workers counting the ballots during the day.
132 (b) At any election in any voting precinct in which both receiving and counting judges
133 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
134 (i) close the first ballot box and deliver it to the counting judges; and
135 (ii) prepare and use another ballot box to receive voted ballots.
136 (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
137 judges shall:
138 (i) take the ballot box to the counting room;
139 (ii) count the votes on the regular ballots in the ballot box;
140 (iii) place the provisional ballot envelopes in the envelope or container provided for
141 them for return to the election officer; and
142 (iv) when they have finished counting the votes in the ballot box, return the emptied
143 box to the receiving judges.
144 (d) (i) During the course of election day, whenever there are at least 20 ballots
145 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
146 judges for counting; and
147 (ii) the counting judges shall immediately count the regular ballots and segregate the
148 provisional ballots contained in that box.
149 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
150 until the polls close.
151 (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
152 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
153 describing the procedures that a counting judge is required to follow for counting ballots in an
154 instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
155 Methods Pilot Project.
156 (ii) When counting ballots in an instant runoff voting race described in Title 20A,
157 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall
158 comply with the procedures established under Subsection (2)(f)(i) and Title 20A, Chapter 4,
159 Part 6, Municipal Alternate Voting Methods Pilot Project.
160 (3) To resolve questions that arise during the counting of ballots, a counting judge shall
161 apply the standards and requirements of:
162 (a) to the extent applicable, Section 20A-4-105; and
163 (b) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
164 Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603[
165 Section 3. Section 20A-4-102 is amended to read:
166 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
167 polling place on day of election after polls close.
168 (1) (a) This section governs counting manual ballots on the day of an election, if:
169 (i) the ballots are cast at a polling place; and
170 (ii) the ballots are counted at the polling place after the polls close.
171 (b) Except as provided in Subsection (2) or a rule made under Subsection
172 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
173 the election judges shall count the ballots by performing the tasks specified in this section in
174 the order that they are specified.
175 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
176 apply the standards and requirements of:
177 (i) to the extent applicable, Section 20A-4-105; and
178 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
179 Voting Methods Pilot Project, Subsection 20A-4-603[
180 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
181 (b) (i) If there are more ballots in the ballot box than there are names entered in the
182 pollbook, the judges shall examine the official endorsements on the ballots.
183 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
184 official endorsement, the judges shall put those ballots in an excess ballot file and not count
185 them.
186 (c) (i) If, after examining the official endorsements, there are still more ballots in the
187 ballot box than there are names entered in the pollbook, the judges shall place the remaining
188 ballots back in the ballot box.
189 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
190 excess from the ballot box.
191 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
192 count them.
193 (d) When the ballots in the ballot box equal the number of names entered in the
194 pollbook, the judges shall count the votes.
195 (3) The judges shall:
196 (a) place all unused ballots in the envelope or container provided for return to the
197 county clerk or city recorder; and
198 (b) seal that envelope or container.
199 (4) The judges shall:
200 (a) place all of the provisional ballot envelopes in the envelope provided for them for
201 return to the election officer; and
202 (b) seal that envelope or container.
203 (5) (a) In counting the votes, the election judges shall read and count each ballot
204 separately.
205 (b) In regular primary elections the judges shall:
206 (i) count the number of ballots cast for each party;
207 (ii) place the ballots cast for each party in separate piles; and
208 (iii) count all the ballots for one party before beginning to count the ballots cast for
209 other parties.
210 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
211 Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
212 20A-4-101(2)(f)(i):
213 (i) count one vote for each candidate designated by the marks in the squares next to the
214 candidate's name;
215 (ii) count each vote for each write-in candidate who has qualified by filing a
216 declaration of candidacy under Section 20A-9-601;
217 (iii) read every name marked on the ballot and mark every name upon the tally sheets
218 before another ballot is counted;
219 (iv) evaluate each ballot and each vote based on the standards and requirements of
220 Section 20A-4-105;
221 (v) write the word "spoiled" on the back of each ballot that lacks the official
222 endorsement and deposit it in the spoiled ballot envelope; and
223 (vi) read, count, and record upon the tally sheets the votes that each candidate and
224 ballot proposition received from all ballots, except excess or spoiled ballots.
225 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
226 persons clearly not eligible to qualify for office.
227 (c) The judges shall certify to the accuracy and completeness of the tally list in the
228 space provided on the tally list.
229 (d) When the judges have counted all of the voted ballots, they shall record the results
230 on the total votes cast form.
231 (7) Only an election judge and a watcher may be present at the place where counting is
232 conducted until the count is completed.
233 Section 4. Section 20A-4-601 is amended to read:
234 20A-4-601. Definitions.
235 As used in this part:
236 (1) "Candidate amplifier" means the product of:
237 (a) two less than the total number of candidates in a given canvassing phase of a
238 multi-candidate race; and
239 (b) .02%.
240 (2) "Multi-candidate race" means a nonpartisan municipal race where:
241 (a) for the election of at-large officers, the number of candidates who qualify for the
242 race exceeds the total number of seats to be filled; or
243 (b) for the election of an officer other than an at-large officer, more than two
244 candidates qualify to run for one office.
245 (3) "Participating municipality" means a municipality that is participating in the pilot
246 project, in accordance with Subsection 20A-4-602(3).
247 (4) "Pilot project" means the Municipal Alternate Voting Methods Pilot Project created
248 in Section 20A-4-602.
249 (5) "Recount threshold" means the sum of the candidate amplifier and the following:
250 (a) for a canvassing phase in which fewer than 100 valid votes are counted, 0.21%;
251 (b) for a canvassing phase in which at least 100, but fewer than 500, valid votes are
252 counted, 0.19%;
253 (c) for a canvassing phase in which at least 500, but fewer than 1,000, valid votes are
254 counted, 0.17%;
255 (d) for a canvassing phase in which at least 1,000, but fewer than 5,000, valid votes are
256 counted, 0.15%;
257 (e) for a canvassing phase in which at least 5,000, but fewer than 10,000, valid votes
258 are counted, 0.13%; and
259 (f) for a canvassing phase in which 10,000 or more valid votes are counted, 0.11%.
260 (6) "Valid" means that the ballot is marked in a manner that permits the vote to be
261 counted during the applicable ballot-counting phase.
262 (7) "Voting method" means:
263 (a) the candidate elimination voting method described in Sections 20A-4-603 and
264 20A-4-604;
265 (b) the approval voting method described in Section 20A-4-605; or
266 (c) the star voting method described in Section 20A-4-606.
267 Section 5. Section 20A-4-602 is amended to read:
268 20A-4-602. Municipal Alternate Voting Methods Pilot Project -- Creation --
269 Participation.
270 (1) There is created the Municipal Alternate Voting Methods Pilot Project.
271 (2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
272 (3) (a) A municipality may participate in the pilot project, in accordance with the
273 requirements of this section and all other applicable provisions of law, during any
274 odd-numbered year that the pilot project is in effect, if, before April 15 of the odd-numbered
275 year, the municipality provides written notice to the lieutenant governor:
276 (i) stating that the municipality intends to participate in the pilot project for the year
277 specified in the notice; [
278 (ii) specifying the voting method that the municipality will use; and
279 [
280 stating that the municipality has the resources and capability necessary to participate in the
281 pilot project.
282 (b) A municipality that provides the notice of intent described in Subsection (3)(a)
283 may:
284 (i) withdraw the notice of intent, and not participate in the pilot project, if the
285 municipality provides written notice of withdrawal to the lieutenant governor before April
286 15[
287 (ii) change the voting method specified under Subsection (3)(a)(ii) to another voting
288 method, if the municipality provides written notice of the change to the lieutenant governor
289 before April 15.
290 (4) The lieutenant governor shall maintain, in a prominent place on the lieutenant
291 governor's website, a current list of the municipalities that are participating in the pilot project.
292 (5) (a) An election officer of a participating municipality shall, in accordance with the
293 provisions of this part, conduct a multi-candidate race during the municipal general election
294 using the voting method of instant runoff voting most recently specified in accordance with
295 Subsection (3).
296 (b) Except as provided in Subsection 20A-4-603[
297 officer of a participating municipality that will conduct a multi-candidate race under
298 Subsection (5)(a) may not conduct a municipal primary election relating to that race.
299 (c) A municipality that has in effect an ordinance described in Subsection
300 20A-9-404(3) or (4) may not participate in the pilot project.
301 (6) Except for an election described in Subsection 20A-4-603[
302 20A-4-605(6), an individual who files a declaration of candidacy or a nomination petition, for a
303 candidate who will run in an election described in this part, shall file the declaration of
304 candidacy or nomination petition during the office hours described in Section 10-3-301 and not
305 later than the close of those office hours, no sooner than the second Tuesday in August and no
306 later than the third Tuesday in August of an odd-numbered year.
307 Section 6. Section 20A-4-603 is amended to read:
308 20A-4-603. Instant runoff voting -- Candidate elimination voting method.
309 (1) This section applies to a participating municipality that, under Subsection
310 20A-4-602(3), specifies the candidate elimination voting method as the method that the
311 municipality will use.
312 [
313 shall:
314 (a) (i) conduct the first ballot-counting phase by counting the valid first preference
315 votes for each candidate; and
316 (ii) if, after complying with Subsection [
317 than 50% of the valid first preference votes counted, declare that candidate elected;
318 (b) if, after counting the valid first preference votes for each candidate, and complying
319 with Subsection [
320 votes counted, conduct the second ballot-counting phase by:
321 (i) excluding from the multi-candidate race:
322 (A) the candidate who received the fewest valid first preference votes counted; or
323 (B) in the event of a tie for the fewest valid first preference votes counted, one of the
324 tied candidates, determined by the tied election officer by lot, in accordance with Subsection
325 [
326 (ii) adding, to the valid first preference votes counted for the remaining candidates, the
327 valid second preference votes cast for the remaining candidates by the voters who cast a valid
328 first preference vote for the excluded candidate; and
329 (iii) if, after adding the votes in accordance with Subsection [
330 complying with Subsection [
331 counted, declaring that candidate elected; and
332 (c) if, after adding the valid second preference votes in accordance with Subsection
333 [
334 of the valid votes counted, conduct subsequent ballot-counting phases by continuing the
335 process described in Subsection [
336 valid votes counted, as follows:
337 (i) after complying with Subsection [
338 candidate who has the fewest valid votes counted or, in the event of a tie for the fewest valid
339 votes counted, excluding one of the tied candidates, by lot, in accordance with Subsection [
340 (7); and
341 (ii) adding the next valid preference vote cast by each voter whose vote was counted
342 for the last excluded candidate to one of the remaining candidates, in the order of the next
343 preference indicated by the voter.
344 [
345 than 50% of the valid votes counted under the process described in Subsection [
346 [
347 voter indicates the voter's preference for that phase and all previous phases.
348 (b) A vote is not valid for a particular phase of a multi-candidate race, and for all
349 subsequent phases, if the voter indicates the same rank for more than one candidate for that
350 phase.
351 [
352 of the valid votes in the applicable ballot-counting phase if one candidate appears to have
353 received at least 50% of the vote, and the difference between the number of votes counted for
354 the candidate who received the most valid votes for the applicable ballot-counting phase and
355 any other candidate in the race is equal to or less than the product of the following, rounded up
356 to the nearest whole number:
357 (a) the total number of voters who cast a valid vote that is counted in the applicable
358 ballot-counting phase of the race; and
359 (b) the recount threshold.
360 [
361 [
362 ballot-counting phase if the difference between the number of votes counted for the candidate
363 who received the fewest valid votes in the applicable ballot-counting phase of the race and any
364 other candidate in the race is equal to or less than the product of the following, rounded up to
365 the nearest whole number:
366 (a) the total number of voters who cast a valid vote counted in that ballot-counting
367 phase; and
368 (b) the recount threshold.
369 [
370 completed under Subsection [
371 valid votes counted at that point in the ballot count, the election officer shall eliminate one of
372 those candidates from consideration, by lot, in the following manner:
373 (a) determine the names of the candidates who tie as having received the fewest valid
374 votes for that ballot-counting phase;
375 (b) cast or draw the lot in the presence of at least two election officials and any
376 counting poll watchers who are present and desire to witness the casting or drawing of the lot;
377 and
378 (c) sign a public document that:
379 (i) certifies the method used for casting or drawing the lot and the result of the lot; and
380 (ii) includes the name of each individual who witnessed the casting or drawing of the
381 lot.
382 [
383
384
385 (a) except as provided in Subsection [
386 described in Subsections [
387 (b) repeating the process described in Subsection [
388 not declared elected until another candidate is declared elected; and
389 (c) continuing the process described in Subsection [
390 the race are filled.
391 [
392 officer shall, in repeating the process described in Subsections [
393 declare the next candidate elected, add to the vote totals the next valid preference vote of each
394 voter whose vote was counted for a candidate already declared elected.
395 [
396 primary election by using instant runoff voting in the manner described in Subsections [
397 through [
398 (a) instead of determining whether a candidate receives more than 50% of the valid
399 preference votes for a particular ballot-counting phase, the election officer shall proceed to a
400 subsequent ballot-counting stage, and exclude the candidate who receives the fewest valid
401 preference votes in that phase, until twice the number of seats to be filled in the race remain;
402 and
403 (b) after complying with Subsection [
404 remaining candidates nominated to participate in the municipal general election.
405 Section 7. Section 20A-4-604 is amended to read:
406 20A-4-604. Batch elimination for candidate elimination voting method.
407 (1) In any ballot count conducted under Section 20A-4-603, the election officer may
408 exclude candidates through batch elimination by, instead of excluding only one candidate in a
409 ballot-counting phase, excluding each candidate:
410 (a) for which the number of remaining candidates with more valid votes than that
411 candidate is greater than or equal to the number of offices to be filled; and
412 (b) (i) for which the number of valid votes counted for the candidate in the phase plus
413 the number of votes counting for all candidates with fewer valid votes in the phase is less than
414 the number of valid votes for the candidate with the next highest amount of valid votes in the
415 phase; or
416 (ii) who has fewer valid votes in the phase than a candidate who is excluded under
417 Subsection (1)(b)(i).
418 (2) The requirements for a recount before excluding a candidate under Subsection
419 20A-4-603[
420 Section 8. Section 20A-4-605 is enacted to read:
421 20A-4-605. Instant runoff voting -- Approval voting method.
422 (1) This section applies to a participating municipality that, under Subsection
423 20A-4-602(3), specifies the approval voting method as the method that the municipality will
424 use.
425 (2) In a multi-candidate race, the election officer shall:
426 (a) for each candidate, calculate the number of valid ballots on which the candidate is
427 marked as approved; and
428 (b) subject to Subsection (3), declare elected the candidate who receives the highest
429 number of approvals.
430 (3) The election officer shall order a recount of the valid ballots if the difference
431 between the candidate who receives the highest number of approvals and any other candidate in
432 the race is equal to or less than the product of the following, rounded up to the nearest whole
433 number:
434 (a) the combined number of approvals for the two candidates; and
435 (b) the recount threshold.
436 (4) If, after complying with Subsection (3), two or more candidates tie with the highest
437 number of approvals, the election officer shall:
438 (a) break the tie by lot, cast or drawn in the presence of at least two election officials
439 and any counting poll watchers who are present and desire to witness the casting or drawing of
440 the lot; and
441 (b) sign a public document that:
442 (i) certifies the method used for casting or drawing the lot and the result of the lot; and
443 (ii) includes the name of each individual who witnessed the casting or drawing of the
444 lot.
445 (5) In a multi-candidate race for an at-large office, the election officer shall:
446 (a) for each candidate, calculate the number of valid ballots on which the candidate is
447 marked as approved;
448 (b) subject to Subsection (5)(c), declare elected the number of candidates, equal to the
449 number of positions to be filled, who receive the highest number of approvals;
450 (c) order a recount of the valid ballots if the difference between the number of
451 approvals received by the candidate to be declared elected with the fewest number of approvals
452 and any candidate with fewer approvals is equal to or less than the product of the following,
453 rounded up to the nearest whole number:
454 (i) the combined number of approvals for the two candidates; and
455 (ii) the recount threshold; and
456 (d) break a tie, if necessary, in accordance with Subsection (4).
457 (6) An election officer for a participating municipality may choose to conduct a
458 primary election by using instant runoff voting in the manner described in Subsections (1)
459 through (4), except that, after complying with Subsections (3) and (4), if applicable, the
460 election officer shall declare the top two candidates nominated to participate in the municipal
461 general election.
462 Section 9. Section 20A-4-606 is enacted to read:
463 20A-4-606. Instant runoff voting -- Star voting method.
464 (1) This section applies to a participating municipality that, under Subsection
465 20A-4-602(3), specifies the star voting method as the method that the municipality will use.
466 (2) In a multi-candidate race, the election officer shall:
467 (a) for the first ballot-counting phase:
468 (i) determine the sum of the ratings given to each candidate on all valid ballots; and
469 (ii) subject to Subsection (3), exclude from the multi-candidate race all candidates
470 other than the candidates who receive the two highest rating sums; and
471 (b) subject to Subsection (4), for the second ballot-counting phase, of the two
472 candidates described in Subsection (2)(a)(ii), declare elected the candidate who receives a
473 higher rating on the greater number of valid ballots.
474 (3) The election officer shall order a recount of the valid ballots in the first
475 ballot-counting phase, under Subsection (2)(a), if the difference between the rating sum for the
476 candidate who receives the highest rating sum and any other candidate in the race is equal to or
477 less than the product of the following, rounded up to the nearest whole number:
478 (a) the combined rating sum of the two candidates; and
479 (b) the recount threshold.
480 (4) The election officer shall order a recount of the valid votes in the second
481 ballot-counting phase, under Subsection (2)(b), if the difference between the number of ballots
482 on which one candidate receives a higher rating and the number of ballots on which the other
483 candidate receives a higher rating is equal to or less than the product of the following, rounded
484 up to the nearest whole number:
485 (a) the combined rating sum of the two candidates; and
486 (b) the recount threshold.
487 (5) If, after complying with Subsection (2)(a) and Subsection (3), if applicable, a tie
488 occurs for the highest or second-highest rating sum, the tie shall be broken by lot, in
489 accordance with Subsection (7).
490 (6) If, after complying with Subsection (2)(b) and Subsection (4), if applicable, a tie
491 occurs between the two remaining candidates, the tie shall be broken:
492 (a) by declaring elected, out of the two remaining candidates, the candidate who
493 receives the highest rating sum; or
494 (b) if the two candidates receive the same rating sum, by lot, in accordance with
495 Subsection (7).
496 (7) If a tie that is required to be broken by lot under Subsection (5), (6)(b), or (8), the
497 election officer shall:
498 (a) cast or draw the lot in the presence of at least two election officials and any
499 counting poll watchers who are present and desire to witness the casting or drawing of the lot;
500 and
501 (b) sign a public document that:
502 (i) certifies the method used for casting or drawing the lot and the result of the lot; and
503 (ii) includes the name of each individual who witnessed the casting or drawing of the
504 lot.
505 (8) Subject to Subsection (9), in a multi-candidate race for an at-large office, the
506 election officer shall:
507 (a) for the first ballot-counting phase:
508 (i) determine the sum of the rating given to each candidate on all valid ballots; and
509 (ii) (A) declare the candidate with the highest rating sum elected;
510 (B) if more than one candidate ties with the highest rating sum and the number of tied
511 candidates does not exceed the number of positions to be filled, declare each of the candidates
512 who tied with the highest rating sum elected; or
513 (C) if more than one candidate ties with the highest rating sum and the number of tied
514 candidates exceeds the number of positions to be filled, break the tie by lot in accordance with
515 Subsection (7) and, after breaking the tie so that the number of remaining candidates equals the
516 number of positions to be filled, declaring the remaining candidates elected;
517 (b) if, at the end of the first ballot-counting phase, all positions have not been filled, for
518 the second ballot-counting phase:
519 (i) declare the remaining candidate with the highest rating sum elected;
520 (ii) if more than one remaining candidate ties with the highest rating sum and the
521 number of tied remaining candidates does not exceed the number of remaining positions to be
522 filled, declare each of the remaining candidates who tied with the highest rating sum elected; or
523 (iii) if more than one remaining candidate ties with the highest rating sum and the
524 number of tied remaining candidates exceeds the number of positions to be filled, break the tie
525 by lot in accordance with Subsection (7) and, after breaking the tie so that the number of
526 remaining candidates equals the number of remaining positions to be filled, declare the
527 remaining candidates elected; and
528 (c) conduct subsequent ballot counting phases in accordance with Subsection (8)(b)
529 until all remaining positions are filled.
530 (9) The election officer shall order a recount of the valid ballots in a ballot-counting
531 phase described in Subsection (8) if the difference between the rating sum for the candidate
532 who will be eliminated and the candidate with the next highest rating sum is equal to or less
533 than the product of the following, rounded up to the nearest whole number:
534 (a) the combined rating sum of the two candidates; and
535 (b) the recount threshold.
536 (10) (a) If the voter leaves the space next to a candidate's name blank or enters a
537 number other than zero, one, two, three, four, or five for the candidate, the candidate receives a
538 score of zero for that ballot.
539 (b) A voter is not required to enter a different score for each candidate and may award
540 the same score for more than one candidate.