H.B. 127 Ranked-choice Voting Amendments
| Bill Sponsor:  Rep. Winder, Mike | Floor Sponsor:  Sen. Bramble, Curtis S. |
- Drafting Attorney: Thomas R. Vaughn
- Fiscal Analyst: Maddy Oritt
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- Last Action: 5 Mar 2021, House/ filed
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Printer FriendlyH.B. 127
1 RANKED-CHOICE VOTING AMENDMENTS
22021 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Mike Winder
5Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill requires ranked-choice voting to be used in certain regular primary elections
10 for state or county office.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires ranked-choice voting to be used in regular primary elections for all races
15 for state or county office where the number of candidates participating in the
16 primary race exceeds the number of candidates to be nominated in the primary race
17 by two or more;
18 ▸ describes requirements for ranked-choice voting relating to the form of ballots,
19 casting ballots, counting ballots, determining the nominees, and recording results;
20 and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
29 20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
30 20A-3a-204, as enacted by Laws of Utah 2020, Chapter 31
31 20A-4-101, as last amended by Laws of Utah 2020, Chapter 31
32 20A-4-102, as last amended by Laws of Utah 2020, Chapters 31 and 49
33 20A-4-105, as last amended by Laws of Utah 2020, Chapters 31 and 49
34 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31
35 20A-4-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
36 20A-4-401, as last amended by Laws of Utah 2020, Chapter 31
37 20A-5-802, as last amended by Laws of Utah 2019, Chapter 305
38 20A-6-203.5, as enacted by Laws of Utah 2018, Chapter 187
39 20A-9-101, as last amended by Laws of Utah 2020, Chapter 344
40 20A-9-402, as last amended by Laws of Utah 1996, Second Special Session, Chapter 3
41 20A-9-403, as last amended by Laws of Utah 2020, Chapter 22
42 20A-9-406, as last amended by Laws of Utah 2020, Chapters 22, 31, and 49
43 20A-9-409, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
44 20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
45 63I-2-220, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 17
46 ENACTS:
47 20A-9-401.1, Utah Code Annotated 1953
48 20A-9-412, Utah Code Annotated 1953
49 20A-9-413, Utah Code Annotated 1953
50 20A-9-414, Utah Code Annotated 1953
51 20A-9-415, Utah Code Annotated 1953
52 20A-9-416, Utah Code Annotated 1953
53 20A-9-417, Utah Code Annotated 1953
54 RENUMBERS AND AMENDS:
55 20A-9-401.2, (Renumbered from 20A-9-401, as enacted by Laws of Utah 1994,
56 Chapter 1)
57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 20A-1-303 is amended to read:
60 20A-1-303. Determining results.
61 (1) (a) Except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
62 Methods Pilot Project, or Sections 20A-9-412 through 20A-9-417, when one person is to be
63 elected or nominated, the person receiving the highest number of votes at any:
64 (i) election for any office to be filled at that election is elected to that office; and
65 (ii) primary for nomination for any office is nominated for that office.
66 (b) Except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
67 Methods Pilot Project, or Sections 20A-9-412 through 20A-9-417, when more than one person
68 is to be elected or nominated, the persons receiving the highest number of votes at any:
69 (i) election for any office to filled at that election are elected to that office; and
70 (ii) primary for nomination for any office are nominated for that office.
71 (2) Any ballot proposition submitted to voters for their approval or rejection:
72 (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
73 (b) fails if:
74 (i) the number of "yes" votes equal the number of "no" votes; or
75 (ii) the number of "no" votes is greater than the number of "yes" votes.
76 Section 2. Section 20A-1-304 is amended to read:
77 20A-1-304. Tie votes.
78 Except for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
79 Municipal Alternate Voting Methods Pilot Project, or ranked-choice voting under Sections
80 20A-9-412 through 20A-9-417, if two or more candidates for a position have an equal and the
81 highest number of votes for any office, the election officer shall, in a public meeting held
82 within 30 days after the day on which the canvass is completed, determine the candidate
83 selected, by lot, in the presence of each candidate subject to the tie.
84 Section 3. Section 20A-3a-204 is amended to read:
85 20A-3a-204. Marking and depositing ballots.
86 (1) To vote by mail:
87 (a) except as provided in Subsection (6) or (7), the voter shall prepare the voter's
88 manual ballot by marking the appropriate space with a mark opposite the name of each
89 candidate of the voter's choice for each office to be filled;
90 (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
91 appropriate space with a mark opposite the answer the voter intends to make;
92 (c) except as provided in Subsection (6), the voter shall record a write-in vote in
93 accordance with Subsection 20A-3a-206(1);
94 (d) except as provided in Subsection (6), a mark is not required opposite the name of a
95 write-in candidate; and
96 (e) the voter shall:
97 (i) complete and sign the affidavit on the return envelope;
98 (ii) place the voted ballot in the return envelope;
99 (iii) securely seal the return envelope; and
100 (iv) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
101 (B) place the return envelope in a ballot drop box, designated by the election officer,
102 for the precinct where the voter resides.
103 (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
104 mailed must be:
105 (i) clearly postmarked before election day, or otherwise clearly marked by the post
106 office as received by the post office before election day; and
107 (ii) received in the office of the election officer before noon on the day of the official
108 canvass following the election.
109 (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
110 close on election day, be deposited in:
111 (i) a ballot box at a polling place; or
112 (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
113 ballot relates.
114 (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
115 drop box in the wrong jurisdiction to the correct jurisdiction.
116 (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
117 ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
118 deposit the ballot in the ballot drop box.
119 (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
120 complying with Subsections (1)(a) through (d):
121 (a) sign the official register or pollbook; and
122 (b) (i) place the ballot in the ballot box; or
123 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
124 envelope, complete the information printed on the provisional ballot envelope, and deposit the
125 provisional ballot envelope in the provisional ballot box.
126 (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
127 (b) An individual other than an individual with a disability may vote a mechanical
128 ballot at a polling place if permitted by the election officer.
129 (5) To vote a mechanical ballot, the voter shall:
130 (a) make the selections according to the instructions provided for the voting device;
131 and
132 (b) subject to Subsection (6), record a write-in vote by:
133 (i) selecting the appropriate position for entering a write-in candidate; and
134 (ii) using the voting device to enter the name of the valid write-in candidate for whom
135 the voter wishes to vote.
136 (6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
137 Municipal Alternate Voting Methods Pilot Project, a voter:
138 (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
139 first preference for the office; and
140 (b) may indicate, as directed on the ballot, the names of the remaining candidates in
141 order of the voter's preference.
142 (7) To vote in a ranked-choice voting race under Section 20A-9-412 or 20A-9-413, a
143 voter:
144 (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
145 first preference for the office; and
146 (b) may indicate, as directed on the ballot:
147 (i) if there are five or fewer candidates for the office, the names of the remaining
148 candidates in order of the voter's preference; or
149 (ii) if there are six or more candidates for the office, the names of up to four of the
150 remaining candidates in order of the voter's preference.
151 [(7)] (8) A voter who votes at a polling place:
152 (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
153 area after voting; and
154 (b) may not:
155 (i) occupy a voting booth occupied by another, except as provided in Section
156 20A-3a-208;
157 (ii) remain within the voting area more than 10 minutes; or
158 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
159 voters are waiting to occupy a voting booth.
160 [(8)] (9) If the official register shows any voter as having voted, that voter may not
161 reenter the voting area during that election unless that voter is an election official or watcher.
162 [(9)] (10) A poll worker may not, at a polling place, allow more than four voters more
163 than the number of voting booths into the voting area at one time unless those excess voters
164 are:
165 (a) election officials;
166 (b) watchers; or
167 (c) assisting voters with a disability.
168 Section 4. Section 20A-4-101 is amended to read:
169 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
170 polling place on day of election before polls close.
171 (1) Each county legislative body, municipal legislative body, and each poll worker
172 shall comply with the requirements of this section when counting manual ballots on the day of
173 an election, if:
174 (a) the ballots are cast at a polling place; and
175 (b) the ballots are counted at the polling place before the polls close.
176 (2) (a) Each county legislative body or municipal legislative body shall provide:
177 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
178 judges have been appointed; and
179 (ii) a counting room for the use of the poll workers counting the ballots during the day.
180 (b) At any election in any voting precinct in which both receiving and counting judges
181 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
182 (i) close the first ballot box and deliver it to the counting judges; and
183 (ii) prepare and use another ballot box to receive voted ballots.
184 (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
185 judges shall:
186 (i) take the ballot box to the counting room;
187 (ii) count the votes on the regular ballots in the ballot box;
188 (iii) place the provisional ballot envelopes in the envelope or container provided for
189 them for return to the election officer; and
190 (iv) when they have finished counting the votes in the ballot box, return the emptied
191 box to the receiving judges.
192 (d) (i) During the course of election day, whenever there are at least 20 ballots
193 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
194 judges for counting; and
195 (ii) the counting judges shall immediately count the regular ballots and segregate the
196 provisional ballots contained in that box.
197 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
198 until the polls close.
199 (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
200 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
201 describing the procedures that a counting judge is required to follow for counting ballots in an
202 instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
203 Methods Pilot Project, or a ranked-choice voting race under Sections 20A-9-412 through
204 20A-9-417.
205 (ii) When counting ballots in an instant runoff voting race described in Title 20A,
206 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall
207 comply with the procedures established under Subsection (2)(f)(i) and Title 20A, Chapter 4,
208 Part 6, Municipal Alternate Voting Methods Pilot Project.
209 (iii) When counting ballots in a ranked-choice voting race for a regular primary
210 election, a counting judge shall comply with the applicable procedures established under
211 Subsection (2)(f)(i) and Sections 20A-9-412 through 20A-9-417.
212 (3) To resolve questions that arise during the counting of ballots, a counting judge shall
213 apply the standards and requirements of:
214 (a) to the extent applicable, Section 20A-4-105; [and]
215 (b) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
216 Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3)[.]; and
217 (c) as applicable, for a ranked-choice voting race in a regular primary election, Section
218 20A-9-417.
219 Section 5. Section 20A-4-102 is amended to read:
220 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
221 polling place on day of election after polls close.
222 (1) (a) This section governs counting manual ballots on the day of an election, if:
223 (i) the ballots are cast at a polling place; and
224 (ii) the ballots are counted at the polling place after the polls close.
225 (b) Except as provided in Subsection (2) or a rule made under Subsection
226 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
227 the election judges shall count the ballots by performing the tasks specified in this section in
228 the order that they are specified.
229 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
230 apply the standards and requirements of:
231 (i) to the extent applicable, Section 20A-4-105; [and]
232 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
233 Voting Methods Pilot Project, Subsection 20A-4-603(3)[.]; and
234 (iii) as applicable, for a ranked-choice voting race in a regular primary election, Section
235 20A-9-417.
236 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
237 (b) (i) If there are more ballots in the ballot box than there are names entered in the
238 pollbook, the judges shall examine the official endorsements on the ballots.
239 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
240 official endorsement, the judges shall put those ballots in an excess ballot file and not count
241 them.
242 (c) (i) If, after examining the official endorsements, there are still more ballots in the
243 ballot box than there are names entered in the pollbook, the judges shall place the remaining
244 ballots back in the ballot box.
245 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
246 excess from the ballot box.
247 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
248 count them.
249 (d) When the ballots in the ballot box equal the number of names entered in the
250 pollbook, the judges shall count the votes.
251 (3) The judges shall:
252 (a) place all unused ballots in the envelope or container provided for return to the
253 county clerk or city recorder; and
254 (b) seal that envelope or container.
255 (4) The judges shall:
256 (a) place all of the provisional ballot envelopes in the envelope provided for them for
257 return to the election officer; and
258 (b) seal that envelope or container.
259 (5) (a) In counting the votes, the election judges shall read and count each ballot
260 separately.
261 (b) In regular primary elections the judges shall:
262 (i) count the number of ballots cast for each party;
263 (ii) place the ballots cast for each party in separate piles; and
264 (iii) count all the ballots for one party before beginning to count the ballots cast for
265 other parties.
266 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
267 Municipal Alternate Voting Methods Pilot Project, Sections 20A-9-412 through 20A-9-417, or
268 a rule made under Subsection 20A-4-101(2)(f)(i):
269 (i) count one vote for each candidate designated by the marks in the squares next to the
270 candidate's name;
271 (ii) count each vote for each write-in candidate who has qualified by filing a
272 declaration of candidacy under Section 20A-9-601;
273 (iii) read every name marked on the ballot and mark every name upon the tally sheets
274 before another ballot is counted;
275 (iv) evaluate each ballot and each vote based on the standards and requirements of
276 Section 20A-4-105;
277 (v) write the word "spoiled" on the back of each ballot that lacks the official
278 endorsement and deposit it in the spoiled ballot envelope; and
279 (vi) read, count, and record upon the tally sheets the votes that each candidate and
280 ballot proposition received from all ballots, except excess or spoiled ballots.
281 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
282 persons clearly not eligible to qualify for office.
283 (c) The judges shall certify to the accuracy and completeness of the tally list in the
284 space provided on the tally list.
285 (d) When the judges have counted all of the voted ballots, they shall record the results
286 on the total votes cast form.
287 (7) Only an election judge and a watcher may be present at the place where counting is
288 conducted until the count is completed.
289 Section 6. Section 20A-4-105 is amended to read:
290 20A-4-105. Standards and requirements for evaluating voter's ballot choice.
291 (1) (a) An election officer shall ensure that when a question arises regarding a vote
292 recorded on a manual ballot, two counting judges jointly adjudicate the ballot, except as
293 otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, or Sections
294 20A-9-412 through 20A-9-417, in accordance with the requirements of this section.
295 (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
296 is adjudicated under this section, the counting judges may not count the vote.
297 (2) Except as provided in Subsection (10), Subsection 20A-3a-204(6) or (7), [or] Part
298 6, Municipal Alternate Voting Methods Pilot Project, or Sections 20A-9-412 through
299 20A-9-417, if a voter marks more names than there are individuals to be elected to an office, or
300 if the counting judges cannot determine a voter's choice for an office, the counting judges may
301 not count the voter's vote for that office.
302 (3) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
303 Project, or Sections 20A-9-412 through 20A-9-417, the counting judges shall count a defective
304 or incomplete mark on a manual ballot if:
305 (a) the defective or incomplete mark is in the proper place; and
306 (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
307 other than as indicated by the incomplete or defective mark.
308 (4) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
309 Project, or Sections 20A-9-412 through 20A-9-417, the counting judges may not reject a ballot
310 marked by the voter because of marks on the ballot other than those marks allowed by this
311 section unless the extraneous marks on a ballot show an intent by an individual to mark the
312 individual's ballot so that the individual's ballot can be identified.
313 (5) (a) In counting the ballots, the counting judges shall give full consideration to the
314 intent of the voter.
315 (b) The counting judges may not invalidate a ballot because of mechanical or technical
316 defects in voting or failure on the part of the voter to follow strictly the rules for balloting
317 required by Chapter 3a, Voting.
318 (6) The counting judges may not reject a ballot because of an error in:
319 (a) stamping or writing an official endorsement; or
320 (b) delivering the wrong ballots to a polling place.
321 (7) The counting judges may not count a manual ballot that does not have the official
322 endorsement by an election officer.
323 (8) The counting judges may not count a ballot proposition vote or candidate vote for
324 which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
325 (9) If the counting judges discover that the name of a candidate is misspelled on a
326 ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
327 or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
328 apparent that the voter intended to vote for the candidate.
329 (10) The counting judges shall count a vote for the president and the vice president of
330 any political party as a vote for the presidential electors selected by the political party.
331 (11) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
332 Project, in counting the valid write-in votes, if, by casting a valid write-in vote, a voter has cast
333 more votes for an office than that voter is entitled to vote for that office, the counting judges
334 shall count the valid write-in vote as being the obvious intent of the voter.
335 Section 7. Section 20A-4-106 is amended to read:
336 20A-4-106. Manual ballots -- Sealing.
337 (1) After the official canvas of an election, the election officer shall store all election
338 returns in containers that identify the containers' contents.
339 (2) After the ballots are stored under Subsection (1), the ballots may not be examined
340 by anyone, except when examined during a recount conducted under the authority of Section
341 20A-4-401 [or], Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
342 Project, or Section 20A-9-414.
343 Section 8. Section 20A-4-304 is amended to read:
344 20A-4-304. Declaration of results -- Canvassers' report.
345 (1) Each board of canvassers shall:
346 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, or
347 Sections 20A-9-412 through 20A-9-417, declare "elected" or "nominated" those persons who:
348 (i) had the highest number of votes; and
349 (ii) sought election or nomination to an office completely within the board's
350 jurisdiction;
351 (b) declare:
352 (i) "approved" those ballot propositions that:
353 (A) had more "yes" votes than "no" votes; and
354 (B) were submitted only to the voters within the board's jurisdiction;
355 (ii) "rejected" those ballot propositions that:
356 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
357 votes; and
358 (B) were submitted only to the voters within the board's jurisdiction;
359 (c) certify the vote totals for persons and for and against ballot propositions that were
360 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
361 the lieutenant governor; and
362 (d) if applicable, certify the results of each local district election to the local district
363 clerk.
364 (2) As soon as the result is declared, the election officer shall prepare a report of the
365 result, which shall contain:
366 (a) the total number of votes cast in the board's jurisdiction;
367 (b) the names of each candidate whose name appeared on the ballot;
368 (c) the title of each ballot proposition that appeared on the ballot;
369 (d) each office that appeared on the ballot;
370 (e) from each voting precinct:
371 (i) the number of votes for each candidate;
372 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
373 Voting Methods Pilot Project, or ranked-choice voting under Sections 20A-9-412 through
374 20A-9-417, the number of valid votes cast for each candidate for each potential ballot-counting
375 phase and the name of the candidate excluded in each canvassing phase; and
376 (iii) the number of votes for and against each ballot proposition;
377 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
378 and against each ballot proposition;
379 (g) the number of ballots that were rejected; and
380 (h) a statement certifying that the information contained in the report is accurate.
381 (3) The election officer and the board of canvassers shall:
382 (a) review the report to ensure that it is correct; and
383 (b) sign the report.
384 (4) The election officer shall:
385 (a) record or file the certified report in a book kept for that purpose;
386 (b) prepare and transmit a certificate of nomination or election under the officer's seal
387 to each nominated or elected candidate;
388 (c) publish a copy of the certified report in accordance with Subsection (5); and
389 (d) file a copy of the certified report with the lieutenant governor.
390 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
391 days after the day on which the board of canvassers declares the election results, publish the
392 certified report described in Subsection (2):
393 (a) (i) at least once in a newspaper of general circulation within the jurisdiction;
394 (ii) if there is no newspaper of general circulation within the jurisdiction, by posting
395 one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places
396 within the jurisdiction that are most likely to give notice to the residents of the jurisdiction; or
397 (iii) by mailing notice to each residence within the jurisdiction;
398 (b) on the Utah Public Notice Website created in Section 63F-1-701, for one week;
399 (c) in accordance with Section 45-1-101, for one week; and
400 (d) if the jurisdiction has a website, on the jurisdiction's website for one week.
401 (6) Instead of publishing the entire certified report under Subsection (5), the election
402 officer may publish a statement that:
403 (a) includes the following: "The Board of Canvassers for [indicate name of
404 jurisdiction] has prepared a report of the election results for the [indicate type and date of
405 election]."; and
406 (b) specifies the following sources where an individual may view or obtain a copy of
407 the entire certified report:
408 (i) if the jurisdiction has a website, the jurisdiction's website;
409 (ii) the physical address for the jurisdiction; and
410 (iii) a mailing address and telephone number.
411 (7) When there has been a regular general or a statewide special election for statewide
412 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
413 or more county ballot proposition, each board of canvassers shall:
414 (a) prepare a separate report detailing the number of votes for each candidate and the
415 number of votes for and against each ballot proposition; and
416 (b) transmit the separate report by registered mail to the lieutenant governor.
417 (8) In each county election, municipal election, school election, local district election,
418 and local special election, the election officer shall transmit the reports to the lieutenant
419 governor within 14 days after the date of the election.
420 (9) In a regular primary election and in a presidential primary election, the board shall
421 transmit to the lieutenant governor:
422 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
423 governor not later than the second Tuesday after the election; and
424 (b) a complete tabulation showing voting totals for all primary races, precinct by
425 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
426 primary election.
427 Section 9. Section 20A-4-401 is amended to read:
428 20A-4-401. Recounts -- Procedure.
429 (1) (a) This section does not apply to a race conducted by instant runoff voting under
430 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or ranked-choice voting
431 under Sections 20A-9-412 through 20A-9-417.
432 (b) Except as provided in Subsection (1)(c), for a race between candidates, if the
433 difference between the number of votes cast for a winning candidate in the race and a losing
434 candidate in the race is equal to or less than .25% of the total number of votes cast for all
435 candidates in the race, that losing candidate may file a request for a recount in accordance with
436 Subsection (1)(d).
437 (c) For a race between candidates where the total of all votes cast in the race is 400 or
438 less, if the difference between the number of votes cast for a winning candidate in the race and
439 a losing candidate in the race is one vote, that losing candidate may file a request for a recount
440 in accordance with Subsection (1)(d).
441 (d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
442 file the request:
443 (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
444 three days after the canvass; or
445 (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
446 (A) the municipal clerk, if the election is a municipal general election;
447 (B) the local district clerk, if the election is a local district election;
448 (C) the county clerk, for races voted on entirely within a single county; or
449 (D) the lieutenant governor, for statewide races and multicounty races.
450 (e) The election officer shall:
451 (i) supervise the recount;
452 (ii) recount all ballots cast for that race;
453 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
454 Disposition of Ballots;
455 (iv) for a race where only one candidate may win, declare elected the candidate who
456 receives the highest number of votes on the recount; and
457 (v) for a race where multiple candidates may win, declare elected the applicable
458 number of candidates who receive the highest number of votes on the recount.
459 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
460 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
461 the total votes cast for or against the proposition, any 10 voters who voted in the election where
462 the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
463 days after the day of the canvass with the person described in Subsection (2)(c).
464 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
465 against the proposition is 400 or less, if the difference between the number of votes cast for the
466 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
467 voted in the election where the proposition was on the ballot may file a request for a recount
468 before 5 p.m. within seven days after the day of the canvass with the person described in
469 Subsection (2)(c).
470 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
471 file the request with:
472 (i) the municipal clerk, if the election is a municipal election;
473 (ii) the local district clerk, if the election is a local district election;
474 (iii) the county clerk, for propositions voted on entirely within a single county; or
475 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
476 (d) The election officer shall:
477 (i) supervise the recount;
478 (ii) recount all ballots cast for that ballot proposition or bond proposition;
479 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
480 Disposition of Ballots; and
481 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
482 based upon the results of the recount.
483 (e) Proponents and opponents of the ballot proposition or bond proposition may
484 designate representatives to witness the recount.
485 (f) The voters requesting the recount shall pay the costs of the recount.
486 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
487 person requesting the recount.
488 (4) (a) Upon completion of the recount, the election officer shall immediately convene
489 the board of canvassers.
490 (b) The board of canvassers shall:
491 (i) canvass the election returns for the race or proposition that was the subject of the
492 recount; and
493 (ii) with the assistance of the election officer, prepare and sign the report required by
494 Section 20A-4-304 or 20A-4-306.
495 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
496 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
497 governor as required by Subsection 20A-4-304 (7).
498 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
499 result of the race or proposition that is the subject of the recount.
500 Section 10. Section 20A-5-802 is amended to read:
501 20A-5-802. Certification of voting equipment.
502 (1) For the voting equipment used in the jurisdiction over which an election officer has
503 authority, the election officer shall:
504 (a) before each election, use logic and accuracy tests to ensure that the voting
505 equipment performs the voting equipment's functions accurately;
506 (b) develop and implement a procedure to protect the physical security of the voting
507 equipment; and
508 (c) ensure that the voting equipment is certified by the lieutenant governor under
509 Subsection (2) as having met the requirements of this section.
510 (2) (a) Except as provided in Subsection (2)(b)(ii):
511 (i) the lieutenant governor shall ensure that all voting equipment used in the state is
512 independently tested using security testing protocols and standards that:
513 (A) are generally accepted in the industry at the time the lieutenant governor reviews
514 the voting equipment for certification; and
515 (B) meet the requirements of Subsection (2)(a)(ii);
516 (ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require
517 that a voting system:
518 (A) is accurate and reliable;
519 (B) possesses established and maintained access controls;
520 (C) has not been fraudulently manipulated or tampered with;
521 (D) is able to identify fraudulent or erroneous changes to the voting equipment; and
522 (E) protects the secrecy of a voter's ballot; and
523 (iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by
524 certifying voting equipment that has been certified by:
525 (A) the United States Election Assistance Commission; or
526 (B) a laboratory that has been accredited by the United States Election Assistance
527 Commission to test voting equipment.
528 (b) (i) Voting equipment used in the state may include technology that allows for
529 ranked-choice voting.
530 (ii) The lieutenant governor may, for voting equipment used for ranked-choice voting
531 under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or
532 Sections 20A-9-412 through 20A-9-417 certify voting equipment that has been successfully
533 used within the United States or a territory of the United States for ranked-choice voting for a
534 race for federal office.
535 Section 11. Section 20A-6-203.5 is amended to read:
536 20A-6-203.5. Ranked-choice or instant runoff voting ballot.
537 (1) If, in a regular primary election, at least one of the races is conducted by
538 ranked-choice voting under Sections 20A-9-412 through 20A-9-417, the portion of the ballot
539 relating to that race shall:
540 (a) list each candidate who qualifies to be placed on the election ballot for that race;
541 and
542 (b) opposite each candidate's name, include a place where a voter can indicate the
543 voter's vote in order of preference, as described in Sections 20A-9-412 through 20A-9-417:
544 (i) for each candidate, if there are five or fewer candidates for the office; or
545 (ii) for up to five candidates, if there are six or more candidates for the office.
546 (2) If, in an election, at least one of the races is conducted by instant runoff voting
547 under [Title 20A,] Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, the
548 portion of the ballot relating to that race shall:
549 [(1)] (a) list each candidate who qualifies to be placed on the election ballot for that
550 race;
551 [(2)] (b) opposite each candidate's name, include a place where a voter can indicate the
552 voter's vote in order of preference for each candidate, as described in [Title 20A,] Chapter 4,
553 Part 6, Municipal Alternate Voting Methods Pilot Project; and
554 [(3)] (c) provide the ability for a voter to enter a write-in candidate's name and indicate
555 the voter's ordered preference for the write-in candidate.
556 Section 12. Section 20A-9-101 is amended to read:
557 20A-9-101. Definitions.
558 As used in this chapter:
559 (1) (a) "Candidates for elective office" means persons who file a declaration of
560 candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
561 constitutional office, multicounty office, or county office.
562 (b) "Candidates for elective office" does not mean candidates for:
563 (i) justice or judge of court of record or not of record;
564 (ii) presidential elector;
565 (iii) any political party offices; and
566 (iv) municipal or local district offices.
567 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
568 attorney general, state auditor, and state treasurer.
569 (3) "Continuing political party" means the same as that term is defined in Section
570 20A-8-101.
571 (4) (a) "County office" means an elective office where the officeholder is selected by
572 voters entirely within one county.
573 (b) "County office" does not mean:
574 (i) the office of justice or judge of any court of record or not of record;
575 (ii) the office of presidential elector;
576 (iii) any political party offices;
577 (iv) any municipal or local district offices; and
578 (v) the office of United States Senator and United States Representative.
579 (5) "Federal office" means an elective office for United States Senator and United
580 States Representative.
581 (6) "Filing officer" means:
582 (a) the lieutenant governor, for:
583 (i) the office of United States Senator and United States Representative; and
584 (ii) all constitutional offices;
585 (b) for the office of a state senator or state representative, the lieutenant governor or the
586 applicable clerk described in Subsection (6)(c) or (d);
587 (c) the county clerk, for county offices and local school district offices;
588 (d) the county clerk in the filer's county of residence, for multicounty offices;
589 (e) the city or town clerk, for municipal offices; or
590 (f) the local district clerk, for local district offices.
591 (7) "Local district office" means an elected office in a local district.
592 (8) "Local government office" includes county offices, municipal offices, and local
593 district offices and other elective offices selected by the voters from a political division entirely
594 within one county.
595 (9) (a) "Multicounty office" means an elective office where the officeholder is selected
596 by the voters from more than one county.
597 (b) "Multicounty office" does not mean:
598 (i) a county office;
599 (ii) a federal office;
600 (iii) the office of justice or judge of any court of record or not of record;
601 (iv) the office of presidential elector;
602 (v) any political party offices; or
603 (vi) any municipal or local district offices.
604 (10) "Municipal office" means an elective office in a municipality.
605 (11) (a) "Political division" means a geographic unit from which an officeholder is
606 elected and that an officeholder represents.
607 (b) "Political division" includes a county, a city, a town, a local district, a school
608 district, a legislative district, and a county prosecution district.
609 (12) "Qualified political party" means a registered political party that:
610 (a) (i) permits a delegate for the registered political party to vote on a candidate
611 nomination in the registered political party's convention remotely; or
612 (ii) provides a procedure for designating an alternate delegate if a delegate is not
613 present at the registered political party's convention;
614 (b) does not hold the registered political party's convention before the fourth Saturday
615 in March of an even-numbered year;
616 (c) permits a member of the registered political party to seek the registered political
617 party's nomination for any elective office by the member choosing to seek the nomination by
618 either or both of the following methods:
619 (i) seeking the nomination through the registered political party's convention process,
620 in accordance with the provisions of Section 20A-9-407; or
621 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
622 of Section 20A-9-408; and
623 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
624 on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
625 election in the following year, the registered political party intends to nominate the registered
626 political party's candidates in accordance with the provisions of Section 20A-9-406; or
627 (ii) if the registered political party is not a continuing political party, certifies at the
628 time that the registered political party files the petition described in Section 20A-8-103 that, for
629 the next election, the registered political party intends to nominate the registered political
630 party's candidates in accordance with the provisions of Section 20A-9-406.
631 (13) "Unopposed" means:
632 (a) in relation to a race other than a multi-candidate race described in Sections
633 20A-9-212 through 20A-9-417, that:
634 (i) no individual other than the candidate receives a certification from the applicable
635 filing officer for the regular primary election ballot of the candidate's registered political party
636 for a particular office; or
637 (ii) for an office where more than one individual is to be elected or nominated, the
638 number of candidates who receive from the applicable filing officer for the regular primary
639 election of the candidate's registered political party does not exceed the total number of
640 candidates to be elected or nominated for that office; or
641 (b) in relation to a multi-candidate race described in Sections 20A-9-212 through
642 20A-9-417:
643 (i) for a partisan race, that no individual, other than the candidate, qualifies for the
644 regular primary election ballot of the candidate's registered political party for a particular
645 office; or
646 (ii) for a nonpartisan race, no more than two candidates will qualify for the regular
647 general election ballot.
648 Section 13. Section 20A-9-401.1 is enacted to read:
649 20A-9-401.1. Definitions.
650 As used in this part:
651 (1) "Candidate amplifier" means the product of:
652 (a) two less than the total number of candidates in a given canvassing phase of a
653 multi-candidate race; and
654 (b) .02%.
655 (2) "Multi-candidate race" means a race where:
656 (a) for the nomination for a partisan office, the number of candidates who qualify for
657 the race exceeds two; or
658 (b) for the nomination for a non-partisan office, the number of candidates who qualify
659 for the race exceeds three.
660 (3) "Recount threshold" means the sum of the candidate amplifier and the following:
661 (a) for a canvassing phase in which fewer than 100 valid votes are counted, 0.21%;
662 (b) for a canvassing phase in which at least 100, but fewer than 500, valid votes are
663 counted, 0.19%;
664 (c) for a canvassing phase in which at least 500, but fewer than 1,000, valid votes are
665 counted, 0.17%;
666 (d) for a canvassing phase in which at least 1,000, but fewer than 5,000, valid votes are
667 counted, 0.15%;
668 (e) for a canvassing phase in which at least 5,000, but fewer than 10,000, valid votes
669 are counted, 0.13%; and
670 (f) for a canvassing phase in which 10,000 or more valid votes are counted, 0.11%.
671 (4) "Valid" means that the ballot is marked in a manner that permits the vote to be
672 counted during the applicable ballot-counting phase.
673 Section 14. Section 20A-9-401.2, which is renumbered from Section 20A-9-401 is
674 renumbered and amended to read:
675 [20A-9-401]. 20A-9-401.2. Primary elections.
676 (1) This part shall be construed liberally so as to ensure full opportunity for persons to
677 become candidates and for voters to express their choice.
678 (2) This part may not be construed to govern or regulate the internal procedures of a
679 registered political party.
680 Section 15. Section 20A-9-402 is amended to read:
681 20A-9-402. General requirements for all regular primary elections.
682 (1) Except as provided in Subsection (2), the lieutenant governor, county clerks, and
683 election judges shall follow the procedures and requirements of this title in administering
684 primary elections.
685 (2) An election official shall conduct a multi-candidate race held during a regular
686 primary election by ranked choice voting, in accordance with the requirements of this part, for
687 the following offices:
688 (a) governor, lieutenant governor, attorney general, state auditor, and state treasurer;
689 (b) state senate and state representative;
690 (c) state school board member;
691 (d) local school board member; and
692 (e) a county elected office.
693 [(2)] (3) If there is any conflict between any provision of this part and any other
694 sections in [Title 20A, Election Code] this title, this part takes precedence.
695 Section 16. Section 20A-9-403 is amended to read:
696 20A-9-403. Regular primary elections.
697 (1) (a) Candidates for elective office that are to be filled at the next regular general
698 election shall be nominated in a regular primary election by direct vote of the people in the
699 manner prescribed in this section. The regular primary election is held on the date specified in
700 Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
701 regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
702 participate in a regular general election as a write-in candidate under Section 20A-9-601.
703 (b) Each registered political party that chooses to have the names of the registered
704 political party's candidates for elective office featured with party affiliation on the ballot at a
705 regular general election shall comply with the requirements of this section and shall nominate
706 the registered political party's candidates for elective office in the manner described in this
707 section.
708 (c) A filing officer may not permit an official ballot at a regular general election to be
709 produced or used if the ballot denotes affiliation between a registered political party or any
710 other political group and a candidate for elective office who is not nominated in the manner
711 prescribed in this section or in Subsection 20A-9-202(4).
712 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
713 even-numbered year in which a regular general election will be held.
714 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
715 shall:
716 (i) either declare the registered political party's intent to participate in the next regular
717 primary election or declare that the registered political party chooses not to have the names of
718 the registered political party's candidates for elective office featured on the ballot at the next
719 regular general election; and
720 (ii) if the registered political party participates in the upcoming regular primary
721 election, identify one or more registered political parties whose members may vote for the
722 registered political party's candidates and whether individuals identified as unaffiliated with a
723 political party may vote for the registered political party's candidates.
724 (b) (i) A registered political party that is a continuing political party shall file the
725 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
726 November 30 of each odd-numbered year.
727 (ii) An organization that is seeking to become a registered political party under Section
728 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
729 political party files the petition described in Section 20A-8-103.
730 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
731 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
732 office on the regular primary ballot of the registered political party listed on the declaration of
733 candidacy only if the individual is certified by the appropriate filing officer as having submitted
734 a set of nomination petitions that was:
735 (i) circulated and completed in accordance with Section 20A-9-405; and
736 (ii) signed by at least 2% of the registered political party's members who reside in the
737 political division of the office that the individual seeks.
738 (b) (i) A candidate for elective office shall submit nomination petitions to the
739 appropriate filing officer for verification and certification no later than 5 p.m. on the final day
740 in March.
741 (ii) A candidate may supplement the candidate's submissions at any time on or before
742 the filing deadline.
743 (c) (i) The lieutenant governor shall determine for each elective office the total number
744 of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
745 the aggregate number of individuals residing in each elective office's political division who
746 have designated a particular registered political party on the individuals' voter registration
747 forms on or before November 15 of each odd-numbered year.
748 (ii) The lieutenant governor shall publish the determination for each elective office no
749 later than November 30 of each odd-numbered year.
750 (d) The filing officer shall:
751 (i) verify signatures on nomination petitions in a transparent and orderly manner, no
752 later than 14 days after the day on which a candidate submits the signatures to the filing officer;
753 (ii) for all qualifying candidates for elective office who submit nomination petitions to
754 the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
755 described in Subsection 20A-9-202(1)(b);
756 (iii) consider active and inactive voters eligible to sign nomination petitions;
757 (iv) consider an individual who signs a nomination petition a member of a registered
758 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
759 registered political party as the individual's party membership on the individual's voter
760 registration form; and
761 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
762 petition signatures, or use statistical sampling procedures to verify submitted nomination
763 petition signatures in accordance with rules made under Subsection (3)(f).
764 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
765 lieutenant governor may appear on the regular primary ballot of a registered political party
766 without submitting nomination petitions if the candidate files a declaration of candidacy and
767 complies with Subsection 20A-9-202(3).
768 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
769 director of elections, within the Office of the Lieutenant Governor, may make rules that:
770 (i) provide for the use of statistical sampling procedures that:
771 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
772 (B) reflect a bona fide effort to determine the validity of a candidate's entire
773 submission, using widely recognized statistical sampling techniques; and
774 (ii) provide for the transparent, orderly, and timely submission, verification, and
775 certification of nomination petition signatures.
776 (g) The county clerk shall:
777 (i) review the declarations of candidacy filed by candidates for local boards of
778 education to determine if more than two candidates have filed for the same seat;
779 (ii) place the names of all candidates who have filed a declaration of candidacy for a
780 local board of education seat on the nonpartisan section of the ballot if more than two
781 candidates have filed for the same seat; and
782 (iii) determine the order of the local board of education candidates' names on the ballot
783 in accordance with Section 20A-6-305.
784 (4) (a) Before the deadline described in Subsection 20A-9-409(4)[(c)](b), the lieutenant
785 governor shall provide to the county clerks:
786 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
787 county, and county offices who have received certifications under Subsection (3), along with
788 instructions on how those names shall appear on the primary election ballot in accordance with
789 Section 20A-6-305; and
790 (ii) a list of unopposed candidates for elective office who have been nominated by a
791 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
792 unopposed candidates from the primary election ballot.
793 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
794 joint-ticket running mates shall appear jointly on the primary election ballot.
795 (c) After the county clerk receives the certified list from the lieutenant governor under
796 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
797 substantially the following form:
798 "Notice is given that a primary election will be held Tuesday, June ____,
799 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
800 local school board positions listed on the primary ballot. The polling place for voting precinct
801 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
802 Attest: county clerk."
803 (5) For a regular primary race other than a race described in Subsection 20A-9-402(2):
804 (a) [A] a candidate who, at the regular primary election, receives the highest number of
805 votes cast for the office sought by the candidate is:
806 (i) nominated for that office by the candidate's registered political party; or
807 (ii) for a nonpartisan local school board position, nominated for that office[.]:
808 (b) [If] if two or more candidates are to be elected to the office at the regular general
809 election, those party candidates equal in number to positions to be filled who receive the
810 highest number of votes at the regular primary election are the nominees of the candidates'
811 party for those positions[.]:
812 [(c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:]
813 [(A) no individual other than the candidate receives a certification under Subsection (3)
814for the regular primary election ballot of the candidate's registered political party for a
815particular elective office; or]
816 [(B) for an office where more than one individual is to be elected or nominated, the
817number of candidates who receive certification under Subsection (3) for the regular primary
818election of the candidate's registered political party does not exceed the total number of
819candidates to be elected or nominated for that office.]
820 [(ii) A] (c) for a partisan race, a candidate who is unopposed for [an elective] office in
821 the regular primary election of a registered political party is nominated by the party for that
822 office without appearing on the primary election ballot[.];
823 (d) for a nonpartisan race, a candidate who is unopposed for office in the regular
824 primary election is nominated to appear on the regular general election ballot;
825 [(6) (a) When] (e) except as provided in Subsection (6), when a tie vote occurs [in any
826primary election for any] for a national, state, or other office that represents more than one
827 county, the governor, lieutenant governor, and attorney general shall, at a public meeting called
828 by the governor and in the presence of the candidates involved, select the nominee by lot cast
829 in whatever manner the governor determines[.]; and
830 [(b) When] (f) except as provided in Subsection (6), when a tie vote occurs [in any
831primary election for any] for a county office, the district court judges of the district in which
832 the county is located shall, at a public meeting called by the judges and in the presence of the
833 candidates involved, select the nominee by lot cast in whatever manner the judges determine.
834 (6) For a regular primary race described in Subsection 20A-9-402(2), a candidate's
835 nomination is determined, and any tie broken, in accordance with Sections 20-9-412 through
836 20A-9-417.
837 (7) The expense of providing all ballots, blanks, or other supplies to be used at [any] a
838 regular primary election [provided for by this section], and all expenses necessarily incurred in
839 the preparation for or the conduct of that regular primary election shall be paid out of the
840 treasury of the county or state, in the same manner as for the regular general elections.
841 (8) An individual may not file a declaration of candidacy for a registered political party
842 of which the individual is not a member, except to the extent that the registered political party
843 permits otherwise under the registered political party's bylaws.
844 Section 17. Section 20A-9-406 is amended to read:
845 20A-9-406. Qualified political party -- Requirements and exemptions.
846 The following provisions apply to a qualified political party:
847 (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
848 odd-numbered year, certify to the lieutenant governor the identity of one or more registered
849 political parties whose members may vote for the qualified political party's candidates and
850 whether unaffiliated voters may vote for the qualified political party's candidates;
851 (2) the following provisions do not apply to a nomination for the qualified political
852 party:
853 (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a); and
854 [(b) Subsection 20A-9-403(5)(c); and]
855 [(c)] (b) Section 20A-9-405;
856 (3) an individual may only seek the nomination of the qualified political party by using
857 a method described in Section 20A-9-407, Section 20A-9-408, or both;
858 (4) the qualified political party shall comply with the provisions of Sections
859 20A-9-407, 20A-9-408, and 20A-9-409;
860 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer
861 shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
862 by a qualified political party:
863 (a) under the qualified political party's name , if any; or
864 (b) under the title of the qualified registered political party as designated by the
865 qualified political party in the certification described in Subsection (1), or, if none is
866 designated, then under some suitable title;
867 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
868 ballots in regular general elections, that each candidate who is nominated by the qualified
869 political party is listed by party;
870 (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
871 the party designation of each candidate who is nominated by the qualified political party is
872 displayed adjacent to the candidate's name on a mechanical ballot;
873 (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
874 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
875 20A-9-408 to run in a regular general election for a federal office, constitutional office,
876 multicounty office, or county office;
877 (9) an individual who is nominated by, or seeking the nomination of, the qualified
878 political party is not required to comply with Subsection 20A-9-201(1)(c);
879 (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
880 to have each of the qualified political party's candidates for elective office appear on the
881 primary ballot of the qualified political party with an indication that each candidate is a
882 candidate for the qualified political party;
883 (11) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
884 on the list provided by the lieutenant governor to the county clerks:
885 (a) the names of all candidates of the qualified political party for federal, constitutional,
886 multicounty, and county offices; and
887 (b) the names of unopposed candidates for elective office who have been nominated by
888 the qualified political party and instruct the county clerks to exclude such candidates from the
889 primary-election ballot;
890 (12) [notwithstanding Subsection 20A-9-403(5)(c),] a candidate who is unopposed for
891 an elective office in the regular primary election of the qualified political party is nominated by
892 the party for that office without appearing on the primary ballot; and
893 (13) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
894 20A-9-405, the qualified political party is entitled to have the names of its candidates for
895 elective office featured with party affiliation on the ballot at a regular general election.
896 Section 18. Section 20A-9-409 is amended to read:
897 20A-9-409. Primary election provisions relating to qualified political party.
898 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
899 (2) (a) A qualified political party that nominates [one or more candidates for an
900elective] more than one candidate for a particular office under Section 20A-9-407 and does not
901 have a candidate qualify as a candidate for that office under Section 20A-9-408, may, but is not
902 required to, participate in the primary election for that office.
903 [(b) A qualified political party that has only one candidate qualify as a candidate for an
904elective office under Section 20A-9-408 and does not nominate a candidate for that office
905under Section 20A-9-407, may, but is not required to, participate in the primary election for
906that office.]
907 [(c)] (b) A qualified political party that nominates one or more candidates for an
908 [elective] office under Section 20A-9-407 and has one or more candidates qualify as a
909 candidate for that office under Section 20A-9-408 shall participate in the primary election for
910 that office.
911 [(d)] (c) A qualified political party that has two or more candidates qualify as
912 candidates for an [elective] office under Section 20A-9-408 and does not nominate a candidate
913 for that office under Section 20A-9-407 shall participate in the primary election for that office.
914 (3) [Notwithstanding Subsection (2), in] In an opt-in county, as defined in Section
915 17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
916 for a county commission office if:
917 (a) there is more than one:
918 (i) open position as defined in Section 17-52a-201; or
919 (ii) midterm vacancy as defined in Section 17-52a-201; and
920 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
921 Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
922 of respective open positions or midterm vacancies.
923 [(4) (a) As used in this Subsection (4), a candidate is "unopposed" if:]
924 [(i) no individual other than the candidate receives a certification, from the appropriate
925filing officer, for the regular primary election ballot of the candidate's registered political party
926for a particular elective office; or]
927 [(ii) for an office where more than one individual is to be elected or nominated, the
928number of candidates who receive certification, from the appropriate filing officer, for the
929regular primary election of the candidate's registered political party does not exceed the total
930number of candidates to be elected or nominated for that office.]
931 [(b)] (4) (a) Before the deadline described in Subsection (4)[(c)](b), the lieutenant
932 governor shall:
933 (i) provide to the county clerks:
934 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
935 county, and county offices who have received certifications from the appropriate filing officer,
936 along with instructions on how those names shall appear on the primary election ballot in
937 accordance with Section 20A-6-305; [and]
938 (B) a list of unopposed candidates for elective office who have been nominated by a
939 registered political party; and
940 (C) a list of unopposed candidates for nonpartisan office; and
941 (ii) instruct the county clerks to exclude unopposed candidates from the primary
942 election ballot.
943 [(c)] (b) The deadline described in Subsection (4)[(b)](a) is 5 p.m. on the first
944 Wednesday after the third Saturday in April.
945 Section 19. Section 20A-9-412 is enacted to read:
946 20A-9-412. Ranked-choice voting -- Partisan, multi-candidate, regular primary
947 race.
948 (1) This section applies to a partisan, multi-candidate race held during a regular
949 primary election to nominate a candidate to compete in the regular general election.
950 (2) For a race described in Subsection (1), the election officer shall:
951 (a) (i) conduct the first ballot-counting phase by counting the valid first preference
952 votes for each candidate; and
953 (ii) if, after complying with Section 20A-9-414, one of the candidates receives more
954 than 50% of the valid first preference votes counted, declare that candidate nominated;
955 (b) if, after counting the valid first preference votes for each candidate, and complying
956 with Section 20A-9-414, no candidate receives more than 50% of the valid first preference
957 votes counted, conduct the second ballot-counting phase by:
958 (i) excluding from the multi-candidate race:
959 (A) the candidate who receives the fewest valid first preference votes counted; or
960 (B) in the event of a tie for the fewest valid first preference votes counted, one of the
961 tied candidates, determined by the election officer by lot, in accordance with Section
962 20A-9-415;
963 (ii) adding, to the valid first preference votes counted for the remaining candidates, the
964 valid second preference votes cast for the remaining candidates by the voters who cast a valid
965 first preference vote for the excluded candidate; and
966 (iii) if, after adding the votes in accordance with Subsection (2)(b)(ii) and complying
967 with Section 20A-9-414, one candidate receives more than 50% of the valid votes counted,
968 declaring that candidate nominated; and
969 (c) if, after adding the valid second preference votes in accordance with Subsection
970 (2)(b)(ii) and complying with Section 20A-9-414, no candidate receives more than 50% of the
971 valid votes counted, conduct subsequent ballot-counting phases by continuing the process
972 described in Subsection (2)(b) until a candidate receives more than 50% of the valid votes
973 counted, as follows:
974 (i) after complying with Section 20A-9-414, excluding from consideration the
975 candidate who receives the fewest valid votes counted or, in the event of a tie for the fewest
976 valid votes counted, excluding one of the tied candidates, by lot, in accordance with Section
977 20A-9-415;
978 (ii) adding the next valid preference vote cast by each voter whose vote was counted
979 for the last excluded candidate to one of the remaining candidates, in the order of the next
980 preference indicated by the voter; and
981 (iii) after complying with Section 20A-9-414:
982 (A) declaring nominated the first candidate who receives more than 50% of the valid
983 votes counted under the process described in Subsections (2)(c)(i) and (ii); or
984 (B) if the last two remaining candidates tie, breaking the tie, by lot, in accordance with
985 Section 20A-9-415, and declaring the winner of the tie break nominated.
986 Section 20. Section 20A-9-413 is enacted to read:
987 20A-9-413. Ranked-choice voting -- Nonpartisan, multi-candidate, regular
988 primary race.
989 (1) This section applies to a nonpartisan, multi-candidate race held during a regular
990 primary election to nominate two candidates to compete in the regular general election.
991 (2) For a race described in Subsection (1), the election officer shall:
992 (a) conduct the first ballot-counting phase by:
993 (i) counting the valid first preference votes for each candidate;
994 (ii) after complying with Section 20A-9-414, excluding from the race:
995 (A) the candidate who receives the fewest valid first preference votes counted; or
996 (B) in the event of a tie for the fewest valid first preference votes counted, one of the
997 tied candidates, determined by the election officer, by lot, in accordance with Section
998 20A-9-415; and
999 (iii) if, after complying with Subsection (2)(a)(ii), only two candidates remain,
1000 declaring the remaining candidates nominated;
1001 (b) if, after complying with Subsection (2)(a)(ii), more than two candidates remain,
1002 conduct the second-ballot counting phase by:
1003 (i) adding, to the valid first preference votes received by the remaining candidates, the
1004 valid second preference votes cast for the remaining candidates by the voters who cast a valid
1005 first preference vote for the excluded candidate;
1006 (ii) after complying with Section 20A-9-414, excluding from the race:
1007 (A) the candidate who receives the fewest valid votes under Subsection (2)(b)(i); or
1008 (B) in the event of a tie for the fewest valid votes received, one of the tied candidates,
1009 determined by the election officer, by lot, in accordance with Section 20A-9-415; and
1010 (iii) if, after complying with Subsection (2)(b)(ii), only two candidates remain,
1011 declaring the remaining candidates nominated; and
1012 (c) if, after complying with Subsection (2)(b)(ii), more than two candidates remain,
1013 conduct subsequent counting phases by continuing the process described in Subsection (2)(b)
1014 until only two candidates remain, as follows:
1015 (i) after complying with Section 20A-9-414, excluding from consideration the
1016 candidate who receives the fewest valid votes counted or, in the event of a tie for the fewest
1017 valid votes counted, excluding one of the tied candidates, by lot, in accordance with Section
1018 20A-9-415;
1019 (ii) adding the next valid preference vote cast by each voter whose vote was counted
1020 for the last excluded candidate to one of the remaining candidates, in the order of the next
1021 preference indicated by the voter; and
1022 (iii) after complying with Subsection (2)(c)(ii) and Section 20A-9-414:
1023 (A) if only two candidates remain, declaring the remaining candidates nominated; or
1024 (B) if, after all preference votes have been counted, more than two candidates remain
1025 due to a tie, breaking the tie, by lot, in accordance with Section 20A-9-415 and declaring the
1026 two remaining candidates nominated.
1027 Section 21. Section 20A-9-414 is enacted to read:
1028 20A-9-414. Recount for ranked-choice voting.
1029 Except as provided in Subsection 20A-9-416(2), a recount is required before excluding
1030 a candidate from a race under Section 20A-9-412 or 20A-9-413, if the difference between the
1031 number of votes counted for the candidate who receives the fewest valid votes in the applicable
1032 ballot-counting phase of the race and the number of votes counted for any other candidate in
1033 the same ballot-counting phase is equal to or less than the product of the following, rounded up
1034 to the nearest whole number:
1035 (1) the total number of voters who cast a valid vote counted in that ballot-counting
1036 phase; and
1037 (2) the recount threshold.
1038 Section 22. Section 20A-9-415 is enacted to read:
1039 20A-9-415. Breaking a tie for ranked-choice voting.
1040 (1) The election officer shall break a tie, by lot, in the manner determined by the
1041 election officer, in accordance with Subsection (2).
1042 (2) The election officer shall:
1043 (a) cast or draw the lot in the presence of at least two election officials and any
1044 counting poll watchers who are present and desire to witness the casting or drawing of the lot;
1045 and
1046 (b) sign a public document that identifies:
1047 (i) the tied individuals for whom the lots are cast or drawn;
1048 (ii) the time, date, and place of the casting or drawing of the lot;
1049 (iii) the race and, if applicable, the ballot-counting phase, of the election for which the
1050 tie is broken;
1051 (iv) the method used for casting or drawing the lot;
1052 (v) the result of the lot; and
1053 (vi) the name of the election officer, election officials, and counting poll watchers who
1054 witness the casting or drawing of the lot.
1055 Section 23. Section 20A-9-416 is enacted to read:
1056 20A-9-416. Batch elimination.
1057 (1) In any ballot count conducted under Section 20A-9-412 or 20A-9-413, the election
1058 officer may exclude candidates through batch elimination by, instead of excluding only one
1059 candidate in a ballot-counting phase, excluding each candidate:
1060 (a) for which the number of remaining candidates with more valid votes than that
1061 candidate is greater than or equal to the number of candidates to be nominated; and
1062 (b) (i) for which the number of valid votes counted for the candidate in the phase plus
1063 the number of votes counted for all candidates with fewer valid votes in the phase is less than
1064 the number of valid votes for the candidate with the next highest amount of valid votes in the
1065 phase; or
1066 (ii) who has fewer valid votes in the phase than a candidate who is excluded under
1067 Subsection (1)(b)(i).
1068 (2) The requirement for a recount before excluding a candidate under Section
1069 20A-9-412 or 20A-9-413 does not apply to a candidate who is excluded through batch
1070 elimination.
1071 Section 24. Section 20A-9-417 is enacted to read:
1072 20A-9-417. Validity of vote.
1073 (1) A vote is valid for a particular phase of a multi-candidate race under Section
1074 20A-9-412 or 20A-9-413 only if the voter indicates the voter's preference for that phase and all
1075 previous phases.
1076 (2) A vote is not valid for a particular phase of a multi-candidate race under Section
1077 20A-9-412 or 20A-9-413, and for all subsequent phases, if the voter indicates the same rank for
1078 more than one candidate for that phase.
1079 (3) In a multi-candidate race under Section 20A-9-412 or 20A-9-413, a preference vote
1080 cast for a sixth or greater preference is not valid, but the previous preference votes are counted
1081 if the ballot is otherwise marked in accordance with the requirements of this part.
1082 Section 25. Section 20A-9-701 is amended to read:
1083 20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
1084 (1) No later than August 31 of each regular general election year, the lieutenant
1085 governor shall certify to each county clerk, for offices to be voted upon at the regular general
1086 election in that county clerk's county:
1087 (a) the names of each candidate nominated under Subsection 20A-9-202(4)[ or],
1088 Subsection 20A-9-403(5), or Sections 20A-9-412 through 20A-9-417; and
1089 (b) the names of the candidates for president and vice president that are certified by the
1090 registered political party as the party's nominees.
1091 (2) The names shall be certified by the lieutenant governor and shall be displayed on
1092 the ballot as they are provided on the candidate's declaration of candidacy. No other names
1093 may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
1094 political party, political party, or other political group.
1095 Section 26. Section 63I-2-220 is amended to read:
1096 63I-2-220. Repeal dates -- Title 20A.
1097 (1) On January 1, 2021:
1098 (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
1099 Subsection (4)," is repealed.
1100 (b) Subsection 20A-1-201.5(4) is repealed.
1101 (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
1102 following:
1103 "(i) the fourth Tuesday in June; or
1104 (ii) the first Tuesday after the first Monday in November.".
1105 (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
1106 20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
1107 20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
1108 (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
1109 "(b) Unless expressly provided otherwise in this title, for a registered political party
1110 that is not a qualified political party, the deadline for filing a declaration of candidacy for an
1111 elective office that is to be filled at the next regular general election is 5 p.m. on the first
1112 Monday after the third Saturday in April.";
1113 (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
1114 "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
1115 the third Saturday in April.".
1116 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
1117 (3) Section 20A-5-804 is repealed July 1, 2023.
1118 [(4) On January 1, 2026:]
1119 [(a) In Subsection 20A-1-102(18)(a), the language that states "or Chapter 4, Part 6,
1120Municipal Alternate Voting Methods Pilot Project" is repealed.]
1121 [(b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
1122provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1123repealed.]
1124 [(c) In Section 20A-1-304, the language that states "Except for a race conducted by
1125instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
1126Pilot Project," is repealed.]
1127 [(d) In Subsection 20A-3a-204(1)(a), (c), or (d), the language that states "except as
1128provided in Subsection (6)," is repealed.]
1129 [(e) Subsection 20A-3a-204 (5)(b), the language that states "subject to Subsection (6),"
1130is repealed.]
1131 [(f) Subsection 20A-3a-204(6) is repealed and the remaining subsections in Section
113220A-3a-204 are renumbered accordingly.]
1133 [(g) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
1134Subsection (2)(f)," is repealed.]
1135 [(h) Subsection 20A-4-101(2)(f) is repealed.]
1136 [(i) Subsection 20A-4-101(3) is repealed and replaced with the following:]
1137 ["(3) To resolve questions that arise during the counting of ballots, a counting judge
1138shall apply the standards and requirements of Section 20A-4-105.".]
1139 [(j) In Subsection 20A-4-102(1)(b), the language that states "or a rule made under
1140Subsection 20A-4-101(2)(f)(i)" is repealed.]
1141 [(k) Subsection 20A-4-102(1)(c) is repealed and replaced with the following:]
1142 ["(b) To resolve questions that arise during the counting of ballots, a counting judge
1143shall apply the standards and requirements of Section 20A-4-105.".]
1144 [(l) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
1145Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
114620A-4-101(2)(f)(i)" is repealed.]
1147 [(m) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
1148provided in Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.]
1149 [(n) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3a-204(6),
1150or Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.]
1151 [(o) In Subsections 20A-4-105(3), (4), and (11), the language that states "Except as
1152otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.]
1153 [(p) In Subsection 20A-4-106(2), the language that states "or Title 20A, Chapter 4, Part
11546, Municipal Alternate Voting Methods Pilot Project" is repealed.]
1155 [(q) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Part
11566, Municipal Alternate Voting Methods Pilot Project," is repealed.]
1157 [(r) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:]
1158 ["(v) from each voting precinct:]
1159 [(A) the number of votes for each candidate; and]
1160 [(B) the number of votes for and against each ballot proposition;".]
1161 [(s) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection
1162(1) are renumbered accordingly, and the cross-references to those subsections are renumbered
1163accordingly.]
1164 [(t) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
1165repealed.]
1166 [(u) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local
1167political subdivision to conduct an election, is repealed.]
1168 [(v) In Section 20A-5-802, relating to the certification of voting equipment:]
1169 [(i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
1170Subsection (2); and]
1171 [(ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
1172accordingly.]
1173 [(w) Section 20A-6-203.5 is repealed.]
1174 [(x) In Subsections 20A-6-402(1) and (2), the language that states "Except as otherwise
1175required for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
1176Municipal Alternate Voting Methods Pilot Project," is repealed.]
1177 [(y) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter
11784, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.]
1179 [(z) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
1180Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.]
1181 [(aa) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
1182Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.]
1183 [(bb) In Subsection 20A-9-404(2), the language that states "Except as otherwise
1184provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1185repealed.]
1186 (4) On January 1, 2026, Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
1187 Methods Pilot Project, is repealed.
1188 (5) Section 20A-7-407 is repealed January 1, 2021.
1189 (6) Section 20A-1-310 is repealed January 1, 2021.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill requires ranked-choice voting to be used in certain regular primary elections
10 for state or county office.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires ranked-choice voting to be used in regular primary elections for all races
15 for state or county office where the number of candidates participating in the
16 primary race exceeds the number of candidates to be nominated in the primary race
17 by two or more;
18 ▸ describes requirements for ranked-choice voting relating to the form of ballots,
19 casting ballots, counting ballots, determining the nominees, and recording results;
20 and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
29 20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
30 20A-3a-204, as enacted by Laws of Utah 2020, Chapter 31
31 20A-4-101, as last amended by Laws of Utah 2020, Chapter 31
32 20A-4-102, as last amended by Laws of Utah 2020, Chapters 31 and 49
33 20A-4-105, as last amended by Laws of Utah 2020, Chapters 31 and 49
34 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31
35 20A-4-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
36 20A-4-401, as last amended by Laws of Utah 2020, Chapter 31
37 20A-5-802, as last amended by Laws of Utah 2019, Chapter 305
38 20A-6-203.5, as enacted by Laws of Utah 2018, Chapter 187
39 20A-9-101, as last amended by Laws of Utah 2020, Chapter 344
40 20A-9-402, as last amended by Laws of Utah 1996, Second Special Session, Chapter 3
41 20A-9-403, as last amended by Laws of Utah 2020, Chapter 22
42 20A-9-406, as last amended by Laws of Utah 2020, Chapters 22, 31, and 49
43 20A-9-409, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
44 20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
45 63I-2-220, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 17
46 ENACTS:
47 20A-9-401.1, Utah Code Annotated 1953
48 20A-9-412, Utah Code Annotated 1953
49 20A-9-413, Utah Code Annotated 1953
50 20A-9-414, Utah Code Annotated 1953
51 20A-9-415, Utah Code Annotated 1953
52 20A-9-416, Utah Code Annotated 1953
53 20A-9-417, Utah Code Annotated 1953
54 RENUMBERS AND AMENDS:
55 20A-9-401.2, (Renumbered from 20A-9-401, as enacted by Laws of Utah 1994,
56 Chapter 1)
57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 20A-1-303 is amended to read:
60 20A-1-303. Determining results.
61 (1) (a) Except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
62 Methods Pilot Project, or Sections 20A-9-412 through 20A-9-417, when one person is to be
63 elected or nominated, the person receiving the highest number of votes at any:
64 (i) election for any office to be filled at that election is elected to that office; and
65 (ii) primary for nomination for any office is nominated for that office.
66 (b) Except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
67 Methods Pilot Project, or Sections 20A-9-412 through 20A-9-417, when more than one person
68 is to be elected or nominated, the persons receiving the highest number of votes at any:
69 (i) election for any office to filled at that election are elected to that office; and
70 (ii) primary for nomination for any office are nominated for that office.
71 (2) Any ballot proposition submitted to voters for their approval or rejection:
72 (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
73 (b) fails if:
74 (i) the number of "yes" votes equal the number of "no" votes; or
75 (ii) the number of "no" votes is greater than the number of "yes" votes.
76 Section 2. Section 20A-1-304 is amended to read:
77 20A-1-304. Tie votes.
78 Except for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
79 Municipal Alternate Voting Methods Pilot Project, or ranked-choice voting under Sections
80 20A-9-412 through 20A-9-417, if two or more candidates for a position have an equal and the
81 highest number of votes for any office, the election officer shall, in a public meeting held
82 within 30 days after the day on which the canvass is completed, determine the candidate
83 selected, by lot, in the presence of each candidate subject to the tie.
84 Section 3. Section 20A-3a-204 is amended to read:
85 20A-3a-204. Marking and depositing ballots.
86 (1) To vote by mail:
87 (a) except as provided in Subsection (6) or (7), the voter shall prepare the voter's
88 manual ballot by marking the appropriate space with a mark opposite the name of each
89 candidate of the voter's choice for each office to be filled;
90 (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
91 appropriate space with a mark opposite the answer the voter intends to make;
92 (c) except as provided in Subsection (6), the voter shall record a write-in vote in
93 accordance with Subsection 20A-3a-206(1);
94 (d) except as provided in Subsection (6), a mark is not required opposite the name of a
95 write-in candidate; and
96 (e) the voter shall:
97 (i) complete and sign the affidavit on the return envelope;
98 (ii) place the voted ballot in the return envelope;
99 (iii) securely seal the return envelope; and
100 (iv) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
101 (B) place the return envelope in a ballot drop box, designated by the election officer,
102 for the precinct where the voter resides.
103 (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
104 mailed must be:
105 (i) clearly postmarked before election day, or otherwise clearly marked by the post
106 office as received by the post office before election day; and
107 (ii) received in the office of the election officer before noon on the day of the official
108 canvass following the election.
109 (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
110 close on election day, be deposited in:
111 (i) a ballot box at a polling place; or
112 (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
113 ballot relates.
114 (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
115 drop box in the wrong jurisdiction to the correct jurisdiction.
116 (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
117 ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
118 deposit the ballot in the ballot drop box.
119 (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
120 complying with Subsections (1)(a) through (d):
121 (a) sign the official register or pollbook; and
122 (b) (i) place the ballot in the ballot box; or
123 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
124 envelope, complete the information printed on the provisional ballot envelope, and deposit the
125 provisional ballot envelope in the provisional ballot box.
126 (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
127 (b) An individual other than an individual with a disability may vote a mechanical
128 ballot at a polling place if permitted by the election officer.
129 (5) To vote a mechanical ballot, the voter shall:
130 (a) make the selections according to the instructions provided for the voting device;
131 and
132 (b) subject to Subsection (6), record a write-in vote by:
133 (i) selecting the appropriate position for entering a write-in candidate; and
134 (ii) using the voting device to enter the name of the valid write-in candidate for whom
135 the voter wishes to vote.
136 (6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
137 Municipal Alternate Voting Methods Pilot Project, a voter:
138 (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
139 first preference for the office; and
140 (b) may indicate, as directed on the ballot, the names of the remaining candidates in
141 order of the voter's preference.
142 (7) To vote in a ranked-choice voting race under Section 20A-9-412 or 20A-9-413, a
143 voter:
144 (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
145 first preference for the office; and
146 (b) may indicate, as directed on the ballot:
147 (i) if there are five or fewer candidates for the office, the names of the remaining
148 candidates in order of the voter's preference; or
149 (ii) if there are six or more candidates for the office, the names of up to four of the
150 remaining candidates in order of the voter's preference.
151 [
152 (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
153 area after voting; and
154 (b) may not:
155 (i) occupy a voting booth occupied by another, except as provided in Section
156 20A-3a-208;
157 (ii) remain within the voting area more than 10 minutes; or
158 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
159 voters are waiting to occupy a voting booth.
160 [
161 reenter the voting area during that election unless that voter is an election official or watcher.
162 [
163 than the number of voting booths into the voting area at one time unless those excess voters
164 are:
165 (a) election officials;
166 (b) watchers; or
167 (c) assisting voters with a disability.
168 Section 4. Section 20A-4-101 is amended to read:
169 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
170 polling place on day of election before polls close.
171 (1) Each county legislative body, municipal legislative body, and each poll worker
172 shall comply with the requirements of this section when counting manual ballots on the day of
173 an election, if:
174 (a) the ballots are cast at a polling place; and
175 (b) the ballots are counted at the polling place before the polls close.
176 (2) (a) Each county legislative body or municipal legislative body shall provide:
177 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
178 judges have been appointed; and
179 (ii) a counting room for the use of the poll workers counting the ballots during the day.
180 (b) At any election in any voting precinct in which both receiving and counting judges
181 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
182 (i) close the first ballot box and deliver it to the counting judges; and
183 (ii) prepare and use another ballot box to receive voted ballots.
184 (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
185 judges shall:
186 (i) take the ballot box to the counting room;
187 (ii) count the votes on the regular ballots in the ballot box;
188 (iii) place the provisional ballot envelopes in the envelope or container provided for
189 them for return to the election officer; and
190 (iv) when they have finished counting the votes in the ballot box, return the emptied
191 box to the receiving judges.
192 (d) (i) During the course of election day, whenever there are at least 20 ballots
193 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
194 judges for counting; and
195 (ii) the counting judges shall immediately count the regular ballots and segregate the
196 provisional ballots contained in that box.
197 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
198 until the polls close.
199 (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
200 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
201 describing the procedures that a counting judge is required to follow for counting ballots in an
202 instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
203 Methods Pilot Project, or a ranked-choice voting race under Sections 20A-9-412 through
204 20A-9-417.
205 (ii) When counting ballots in an instant runoff voting race described in Title 20A,
206 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall
207 comply with the procedures established under Subsection (2)(f)(i) and Title 20A, Chapter 4,
208 Part 6, Municipal Alternate Voting Methods Pilot Project.
209 (iii) When counting ballots in a ranked-choice voting race for a regular primary
210 election, a counting judge shall comply with the applicable procedures established under
211 Subsection (2)(f)(i) and Sections 20A-9-412 through 20A-9-417.
212 (3) To resolve questions that arise during the counting of ballots, a counting judge shall
213 apply the standards and requirements of:
214 (a) to the extent applicable, Section 20A-4-105; [
215 (b) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
216 Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3)[
217 (c) as applicable, for a ranked-choice voting race in a regular primary election, Section
218 20A-9-417.
219 Section 5. Section 20A-4-102 is amended to read:
220 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
221 polling place on day of election after polls close.
222 (1) (a) This section governs counting manual ballots on the day of an election, if:
223 (i) the ballots are cast at a polling place; and
224 (ii) the ballots are counted at the polling place after the polls close.
225 (b) Except as provided in Subsection (2) or a rule made under Subsection
226 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
227 the election judges shall count the ballots by performing the tasks specified in this section in
228 the order that they are specified.
229 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
230 apply the standards and requirements of:
231 (i) to the extent applicable, Section 20A-4-105; [
232 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
233 Voting Methods Pilot Project, Subsection 20A-4-603(3)[
234 (iii) as applicable, for a ranked-choice voting race in a regular primary election, Section
235 20A-9-417.
236 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
237 (b) (i) If there are more ballots in the ballot box than there are names entered in the
238 pollbook, the judges shall examine the official endorsements on the ballots.
239 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
240 official endorsement, the judges shall put those ballots in an excess ballot file and not count
241 them.
242 (c) (i) If, after examining the official endorsements, there are still more ballots in the
243 ballot box than there are names entered in the pollbook, the judges shall place the remaining
244 ballots back in the ballot box.
245 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
246 excess from the ballot box.
247 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
248 count them.
249 (d) When the ballots in the ballot box equal the number of names entered in the
250 pollbook, the judges shall count the votes.
251 (3) The judges shall:
252 (a) place all unused ballots in the envelope or container provided for return to the
253 county clerk or city recorder; and
254 (b) seal that envelope or container.
255 (4) The judges shall:
256 (a) place all of the provisional ballot envelopes in the envelope provided for them for
257 return to the election officer; and
258 (b) seal that envelope or container.
259 (5) (a) In counting the votes, the election judges shall read and count each ballot
260 separately.
261 (b) In regular primary elections the judges shall:
262 (i) count the number of ballots cast for each party;
263 (ii) place the ballots cast for each party in separate piles; and
264 (iii) count all the ballots for one party before beginning to count the ballots cast for
265 other parties.
266 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
267 Municipal Alternate Voting Methods Pilot Project, Sections 20A-9-412 through 20A-9-417, or
268 a rule made under Subsection 20A-4-101(2)(f)(i):
269 (i) count one vote for each candidate designated by the marks in the squares next to the
270 candidate's name;
271 (ii) count each vote for each write-in candidate who has qualified by filing a
272 declaration of candidacy under Section 20A-9-601;
273 (iii) read every name marked on the ballot and mark every name upon the tally sheets
274 before another ballot is counted;
275 (iv) evaluate each ballot and each vote based on the standards and requirements of
276 Section 20A-4-105;
277 (v) write the word "spoiled" on the back of each ballot that lacks the official
278 endorsement and deposit it in the spoiled ballot envelope; and
279 (vi) read, count, and record upon the tally sheets the votes that each candidate and
280 ballot proposition received from all ballots, except excess or spoiled ballots.
281 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
282 persons clearly not eligible to qualify for office.
283 (c) The judges shall certify to the accuracy and completeness of the tally list in the
284 space provided on the tally list.
285 (d) When the judges have counted all of the voted ballots, they shall record the results
286 on the total votes cast form.
287 (7) Only an election judge and a watcher may be present at the place where counting is
288 conducted until the count is completed.
289 Section 6. Section 20A-4-105 is amended to read:
290 20A-4-105. Standards and requirements for evaluating voter's ballot choice.
291 (1) (a) An election officer shall ensure that when a question arises regarding a vote
292 recorded on a manual ballot, two counting judges jointly adjudicate the ballot, except as
293 otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, or Sections
294 20A-9-412 through 20A-9-417, in accordance with the requirements of this section.
295 (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
296 is adjudicated under this section, the counting judges may not count the vote.
297 (2) Except as provided in Subsection (10), Subsection 20A-3a-204(6) or (7), [
298 6, Municipal Alternate Voting Methods Pilot Project, or Sections 20A-9-412 through
299 20A-9-417, if a voter marks more names than there are individuals to be elected to an office, or
300 if the counting judges cannot determine a voter's choice for an office, the counting judges may
301 not count the voter's vote for that office.
302 (3) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
303 Project, or Sections 20A-9-412 through 20A-9-417, the counting judges shall count a defective
304 or incomplete mark on a manual ballot if:
305 (a) the defective or incomplete mark is in the proper place; and
306 (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
307 other than as indicated by the incomplete or defective mark.
308 (4) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
309 Project, or Sections 20A-9-412 through 20A-9-417, the counting judges may not reject a ballot
310 marked by the voter because of marks on the ballot other than those marks allowed by this
311 section unless the extraneous marks on a ballot show an intent by an individual to mark the
312 individual's ballot so that the individual's ballot can be identified.
313 (5) (a) In counting the ballots, the counting judges shall give full consideration to the
314 intent of the voter.
315 (b) The counting judges may not invalidate a ballot because of mechanical or technical
316 defects in voting or failure on the part of the voter to follow strictly the rules for balloting
317 required by Chapter 3a, Voting.
318 (6) The counting judges may not reject a ballot because of an error in:
319 (a) stamping or writing an official endorsement; or
320 (b) delivering the wrong ballots to a polling place.
321 (7) The counting judges may not count a manual ballot that does not have the official
322 endorsement by an election officer.
323 (8) The counting judges may not count a ballot proposition vote or candidate vote for
324 which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
325 (9) If the counting judges discover that the name of a candidate is misspelled on a
326 ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
327 or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
328 apparent that the voter intended to vote for the candidate.
329 (10) The counting judges shall count a vote for the president and the vice president of
330 any political party as a vote for the presidential electors selected by the political party.
331 (11) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
332 Project, in counting the valid write-in votes, if, by casting a valid write-in vote, a voter has cast
333 more votes for an office than that voter is entitled to vote for that office, the counting judges
334 shall count the valid write-in vote as being the obvious intent of the voter.
335 Section 7. Section 20A-4-106 is amended to read:
336 20A-4-106. Manual ballots -- Sealing.
337 (1) After the official canvas of an election, the election officer shall store all election
338 returns in containers that identify the containers' contents.
339 (2) After the ballots are stored under Subsection (1), the ballots may not be examined
340 by anyone, except when examined during a recount conducted under the authority of Section
341 20A-4-401 [
342 Project, or Section 20A-9-414.
343 Section 8. Section 20A-4-304 is amended to read:
344 20A-4-304. Declaration of results -- Canvassers' report.
345 (1) Each board of canvassers shall:
346 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, or
347 Sections 20A-9-412 through 20A-9-417, declare "elected" or "nominated" those persons who:
348 (i) had the highest number of votes; and
349 (ii) sought election or nomination to an office completely within the board's
350 jurisdiction;
351 (b) declare:
352 (i) "approved" those ballot propositions that:
353 (A) had more "yes" votes than "no" votes; and
354 (B) were submitted only to the voters within the board's jurisdiction;
355 (ii) "rejected" those ballot propositions that:
356 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
357 votes; and
358 (B) were submitted only to the voters within the board's jurisdiction;
359 (c) certify the vote totals for persons and for and against ballot propositions that were
360 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
361 the lieutenant governor; and
362 (d) if applicable, certify the results of each local district election to the local district
363 clerk.
364 (2) As soon as the result is declared, the election officer shall prepare a report of the
365 result, which shall contain:
366 (a) the total number of votes cast in the board's jurisdiction;
367 (b) the names of each candidate whose name appeared on the ballot;
368 (c) the title of each ballot proposition that appeared on the ballot;
369 (d) each office that appeared on the ballot;
370 (e) from each voting precinct:
371 (i) the number of votes for each candidate;
372 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
373 Voting Methods Pilot Project, or ranked-choice voting under Sections 20A-9-412 through
374 20A-9-417, the number of valid votes cast for each candidate for each potential ballot-counting
375 phase and the name of the candidate excluded in each canvassing phase; and
376 (iii) the number of votes for and against each ballot proposition;
377 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
378 and against each ballot proposition;
379 (g) the number of ballots that were rejected; and
380 (h) a statement certifying that the information contained in the report is accurate.
381 (3) The election officer and the board of canvassers shall:
382 (a) review the report to ensure that it is correct; and
383 (b) sign the report.
384 (4) The election officer shall:
385 (a) record or file the certified report in a book kept for that purpose;
386 (b) prepare and transmit a certificate of nomination or election under the officer's seal
387 to each nominated or elected candidate;
388 (c) publish a copy of the certified report in accordance with Subsection (5); and
389 (d) file a copy of the certified report with the lieutenant governor.
390 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
391 days after the day on which the board of canvassers declares the election results, publish the
392 certified report described in Subsection (2):
393 (a) (i) at least once in a newspaper of general circulation within the jurisdiction;
394 (ii) if there is no newspaper of general circulation within the jurisdiction, by posting
395 one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places
396 within the jurisdiction that are most likely to give notice to the residents of the jurisdiction; or
397 (iii) by mailing notice to each residence within the jurisdiction;
398 (b) on the Utah Public Notice Website created in Section 63F-1-701, for one week;
399 (c) in accordance with Section 45-1-101, for one week; and
400 (d) if the jurisdiction has a website, on the jurisdiction's website for one week.
401 (6) Instead of publishing the entire certified report under Subsection (5), the election
402 officer may publish a statement that:
403 (a) includes the following: "The Board of Canvassers for [indicate name of
404 jurisdiction] has prepared a report of the election results for the [indicate type and date of
405 election]."; and
406 (b) specifies the following sources where an individual may view or obtain a copy of
407 the entire certified report:
408 (i) if the jurisdiction has a website, the jurisdiction's website;
409 (ii) the physical address for the jurisdiction; and
410 (iii) a mailing address and telephone number.
411 (7) When there has been a regular general or a statewide special election for statewide
412 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
413 or more county ballot proposition, each board of canvassers shall:
414 (a) prepare a separate report detailing the number of votes for each candidate and the
415 number of votes for and against each ballot proposition; and
416 (b) transmit the separate report by registered mail to the lieutenant governor.
417 (8) In each county election, municipal election, school election, local district election,
418 and local special election, the election officer shall transmit the reports to the lieutenant
419 governor within 14 days after the date of the election.
420 (9) In a regular primary election and in a presidential primary election, the board shall
421 transmit to the lieutenant governor:
422 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
423 governor not later than the second Tuesday after the election; and
424 (b) a complete tabulation showing voting totals for all primary races, precinct by
425 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
426 primary election.
427 Section 9. Section 20A-4-401 is amended to read:
428 20A-4-401. Recounts -- Procedure.
429 (1) (a) This section does not apply to a race conducted by instant runoff voting under
430 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or ranked-choice voting
431 under Sections 20A-9-412 through 20A-9-417.
432 (b) Except as provided in Subsection (1)(c), for a race between candidates, if the
433 difference between the number of votes cast for a winning candidate in the race and a losing
434 candidate in the race is equal to or less than .25% of the total number of votes cast for all
435 candidates in the race, that losing candidate may file a request for a recount in accordance with
436 Subsection (1)(d).
437 (c) For a race between candidates where the total of all votes cast in the race is 400 or
438 less, if the difference between the number of votes cast for a winning candidate in the race and
439 a losing candidate in the race is one vote, that losing candidate may file a request for a recount
440 in accordance with Subsection (1)(d).
441 (d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
442 file the request:
443 (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
444 three days after the canvass; or
445 (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
446 (A) the municipal clerk, if the election is a municipal general election;
447 (B) the local district clerk, if the election is a local district election;
448 (C) the county clerk, for races voted on entirely within a single county; or
449 (D) the lieutenant governor, for statewide races and multicounty races.
450 (e) The election officer shall:
451 (i) supervise the recount;
452 (ii) recount all ballots cast for that race;
453 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
454 Disposition of Ballots;
455 (iv) for a race where only one candidate may win, declare elected the candidate who
456 receives the highest number of votes on the recount; and
457 (v) for a race where multiple candidates may win, declare elected the applicable
458 number of candidates who receive the highest number of votes on the recount.
459 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
460 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
461 the total votes cast for or against the proposition, any 10 voters who voted in the election where
462 the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
463 days after the day of the canvass with the person described in Subsection (2)(c).
464 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
465 against the proposition is 400 or less, if the difference between the number of votes cast for the
466 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
467 voted in the election where the proposition was on the ballot may file a request for a recount
468 before 5 p.m. within seven days after the day of the canvass with the person described in
469 Subsection (2)(c).
470 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
471 file the request with:
472 (i) the municipal clerk, if the election is a municipal election;
473 (ii) the local district clerk, if the election is a local district election;
474 (iii) the county clerk, for propositions voted on entirely within a single county; or
475 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
476 (d) The election officer shall:
477 (i) supervise the recount;
478 (ii) recount all ballots cast for that ballot proposition or bond proposition;
479 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
480 Disposition of Ballots; and
481 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
482 based upon the results of the recount.
483 (e) Proponents and opponents of the ballot proposition or bond proposition may
484 designate representatives to witness the recount.
485 (f) The voters requesting the recount shall pay the costs of the recount.
486 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
487 person requesting the recount.
488 (4) (a) Upon completion of the recount, the election officer shall immediately convene
489 the board of canvassers.
490 (b) The board of canvassers shall:
491 (i) canvass the election returns for the race or proposition that was the subject of the
492 recount; and
493 (ii) with the assistance of the election officer, prepare and sign the report required by
494 Section 20A-4-304 or 20A-4-306.
495 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
496 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
497 governor as required by Subsection 20A-4-304 (7).
498 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
499 result of the race or proposition that is the subject of the recount.
500 Section 10. Section 20A-5-802 is amended to read:
501 20A-5-802. Certification of voting equipment.
502 (1) For the voting equipment used in the jurisdiction over which an election officer has
503 authority, the election officer shall:
504 (a) before each election, use logic and accuracy tests to ensure that the voting
505 equipment performs the voting equipment's functions accurately;
506 (b) develop and implement a procedure to protect the physical security of the voting
507 equipment; and
508 (c) ensure that the voting equipment is certified by the lieutenant governor under
509 Subsection (2) as having met the requirements of this section.
510 (2) (a) Except as provided in Subsection (2)(b)(ii):
511 (i) the lieutenant governor shall ensure that all voting equipment used in the state is
512 independently tested using security testing protocols and standards that:
513 (A) are generally accepted in the industry at the time the lieutenant governor reviews
514 the voting equipment for certification; and
515 (B) meet the requirements of Subsection (2)(a)(ii);
516 (ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require
517 that a voting system:
518 (A) is accurate and reliable;
519 (B) possesses established and maintained access controls;
520 (C) has not been fraudulently manipulated or tampered with;
521 (D) is able to identify fraudulent or erroneous changes to the voting equipment; and
522 (E) protects the secrecy of a voter's ballot; and
523 (iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by
524 certifying voting equipment that has been certified by:
525 (A) the United States Election Assistance Commission; or
526 (B) a laboratory that has been accredited by the United States Election Assistance
527 Commission to test voting equipment.
528 (b) (i) Voting equipment used in the state may include technology that allows for
529 ranked-choice voting.
530 (ii) The lieutenant governor may, for voting equipment used for ranked-choice voting
531 under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or
532 Sections 20A-9-412 through 20A-9-417 certify voting equipment that has been successfully
533 used within the United States or a territory of the United States for ranked-choice voting for a
534 race for federal office.
535 Section 11. Section 20A-6-203.5 is amended to read:
536 20A-6-203.5. Ranked-choice or instant runoff voting ballot.
537 (1) If, in a regular primary election, at least one of the races is conducted by
538 ranked-choice voting under Sections 20A-9-412 through 20A-9-417, the portion of the ballot
539 relating to that race shall:
540 (a) list each candidate who qualifies to be placed on the election ballot for that race;
541 and
542 (b) opposite each candidate's name, include a place where a voter can indicate the
543 voter's vote in order of preference, as described in Sections 20A-9-412 through 20A-9-417:
544 (i) for each candidate, if there are five or fewer candidates for the office; or
545 (ii) for up to five candidates, if there are six or more candidates for the office.
546 (2) If, in an election, at least one of the races is conducted by instant runoff voting
547 under [
548 portion of the ballot relating to that race shall:
549 [
550 race;
551 [
552 voter's vote in order of preference for each candidate, as described in [
553 Part 6, Municipal Alternate Voting Methods Pilot Project; and
554 [
555 the voter's ordered preference for the write-in candidate.
556 Section 12. Section 20A-9-101 is amended to read:
557 20A-9-101. Definitions.
558 As used in this chapter:
559 (1) (a) "Candidates for elective office" means persons who file a declaration of
560 candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
561 constitutional office, multicounty office, or county office.
562 (b) "Candidates for elective office" does not mean candidates for:
563 (i) justice or judge of court of record or not of record;
564 (ii) presidential elector;
565 (iii) any political party offices; and
566 (iv) municipal or local district offices.
567 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
568 attorney general, state auditor, and state treasurer.
569 (3) "Continuing political party" means the same as that term is defined in Section
570 20A-8-101.
571 (4) (a) "County office" means an elective office where the officeholder is selected by
572 voters entirely within one county.
573 (b) "County office" does not mean:
574 (i) the office of justice or judge of any court of record or not of record;
575 (ii) the office of presidential elector;
576 (iii) any political party offices;
577 (iv) any municipal or local district offices; and
578 (v) the office of United States Senator and United States Representative.
579 (5) "Federal office" means an elective office for United States Senator and United
580 States Representative.
581 (6) "Filing officer" means:
582 (a) the lieutenant governor, for:
583 (i) the office of United States Senator and United States Representative; and
584 (ii) all constitutional offices;
585 (b) for the office of a state senator or state representative, the lieutenant governor or the
586 applicable clerk described in Subsection (6)(c) or (d);
587 (c) the county clerk, for county offices and local school district offices;
588 (d) the county clerk in the filer's county of residence, for multicounty offices;
589 (e) the city or town clerk, for municipal offices; or
590 (f) the local district clerk, for local district offices.
591 (7) "Local district office" means an elected office in a local district.
592 (8) "Local government office" includes county offices, municipal offices, and local
593 district offices and other elective offices selected by the voters from a political division entirely
594 within one county.
595 (9) (a) "Multicounty office" means an elective office where the officeholder is selected
596 by the voters from more than one county.
597 (b) "Multicounty office" does not mean:
598 (i) a county office;
599 (ii) a federal office;
600 (iii) the office of justice or judge of any court of record or not of record;
601 (iv) the office of presidential elector;
602 (v) any political party offices; or
603 (vi) any municipal or local district offices.
604 (10) "Municipal office" means an elective office in a municipality.
605 (11) (a) "Political division" means a geographic unit from which an officeholder is
606 elected and that an officeholder represents.
607 (b) "Political division" includes a county, a city, a town, a local district, a school
608 district, a legislative district, and a county prosecution district.
609 (12) "Qualified political party" means a registered political party that:
610 (a) (i) permits a delegate for the registered political party to vote on a candidate
611 nomination in the registered political party's convention remotely; or
612 (ii) provides a procedure for designating an alternate delegate if a delegate is not
613 present at the registered political party's convention;
614 (b) does not hold the registered political party's convention before the fourth Saturday
615 in March of an even-numbered year;
616 (c) permits a member of the registered political party to seek the registered political
617 party's nomination for any elective office by the member choosing to seek the nomination by
618 either or both of the following methods:
619 (i) seeking the nomination through the registered political party's convention process,
620 in accordance with the provisions of Section 20A-9-407; or
621 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
622 of Section 20A-9-408; and
623 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
624 on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
625 election in the following year, the registered political party intends to nominate the registered
626 political party's candidates in accordance with the provisions of Section 20A-9-406; or
627 (ii) if the registered political party is not a continuing political party, certifies at the
628 time that the registered political party files the petition described in Section 20A-8-103 that, for
629 the next election, the registered political party intends to nominate the registered political
630 party's candidates in accordance with the provisions of Section 20A-9-406.
631 (13) "Unopposed" means:
632 (a) in relation to a race other than a multi-candidate race described in Sections
633 20A-9-212 through 20A-9-417, that:
634 (i) no individual other than the candidate receives a certification from the applicable
635 filing officer for the regular primary election ballot of the candidate's registered political party
636 for a particular office; or
637 (ii) for an office where more than one individual is to be elected or nominated, the
638 number of candidates who receive from the applicable filing officer for the regular primary
639 election of the candidate's registered political party does not exceed the total number of
640 candidates to be elected or nominated for that office; or
641 (b) in relation to a multi-candidate race described in Sections 20A-9-212 through
642 20A-9-417:
643 (i) for a partisan race, that no individual, other than the candidate, qualifies for the
644 regular primary election ballot of the candidate's registered political party for a particular
645 office; or
646 (ii) for a nonpartisan race, no more than two candidates will qualify for the regular
647 general election ballot.
648 Section 13. Section 20A-9-401.1 is enacted to read:
649 20A-9-401.1. Definitions.
650 As used in this part:
651 (1) "Candidate amplifier" means the product of:
652 (a) two less than the total number of candidates in a given canvassing phase of a
653 multi-candidate race; and
654 (b) .02%.
655 (2) "Multi-candidate race" means a race where:
656 (a) for the nomination for a partisan office, the number of candidates who qualify for
657 the race exceeds two; or
658 (b) for the nomination for a non-partisan office, the number of candidates who qualify
659 for the race exceeds three.
660 (3) "Recount threshold" means the sum of the candidate amplifier and the following:
661 (a) for a canvassing phase in which fewer than 100 valid votes are counted, 0.21%;
662 (b) for a canvassing phase in which at least 100, but fewer than 500, valid votes are
663 counted, 0.19%;
664 (c) for a canvassing phase in which at least 500, but fewer than 1,000, valid votes are
665 counted, 0.17%;
666 (d) for a canvassing phase in which at least 1,000, but fewer than 5,000, valid votes are
667 counted, 0.15%;
668 (e) for a canvassing phase in which at least 5,000, but fewer than 10,000, valid votes
669 are counted, 0.13%; and
670 (f) for a canvassing phase in which 10,000 or more valid votes are counted, 0.11%.
671 (4) "Valid" means that the ballot is marked in a manner that permits the vote to be
672 counted during the applicable ballot-counting phase.
673 Section 14. Section 20A-9-401.2, which is renumbered from Section 20A-9-401 is
674 renumbered and amended to read:
675 [
676 (1) This part shall be construed liberally so as to ensure full opportunity for persons to
677 become candidates and for voters to express their choice.
678 (2) This part may not be construed to govern or regulate the internal procedures of a
679 registered political party.
680 Section 15. Section 20A-9-402 is amended to read:
681 20A-9-402. General requirements for all regular primary elections.
682 (1) Except as provided in Subsection (2), the lieutenant governor, county clerks, and
683 election judges shall follow the procedures and requirements of this title in administering
684 primary elections.
685 (2) An election official shall conduct a multi-candidate race held during a regular
686 primary election by ranked choice voting, in accordance with the requirements of this part, for
687 the following offices:
688 (a) governor, lieutenant governor, attorney general, state auditor, and state treasurer;
689 (b) state senate and state representative;
690 (c) state school board member;
691 (d) local school board member; and
692 (e) a county elected office.
693 [
694 sections in [
695 Section 16. Section 20A-9-403 is amended to read:
696 20A-9-403. Regular primary elections.
697 (1) (a) Candidates for elective office that are to be filled at the next regular general
698 election shall be nominated in a regular primary election by direct vote of the people in the
699 manner prescribed in this section. The regular primary election is held on the date specified in
700 Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
701 regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
702 participate in a regular general election as a write-in candidate under Section 20A-9-601.
703 (b) Each registered political party that chooses to have the names of the registered
704 political party's candidates for elective office featured with party affiliation on the ballot at a
705 regular general election shall comply with the requirements of this section and shall nominate
706 the registered political party's candidates for elective office in the manner described in this
707 section.
708 (c) A filing officer may not permit an official ballot at a regular general election to be
709 produced or used if the ballot denotes affiliation between a registered political party or any
710 other political group and a candidate for elective office who is not nominated in the manner
711 prescribed in this section or in Subsection 20A-9-202(4).
712 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
713 even-numbered year in which a regular general election will be held.
714 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
715 shall:
716 (i) either declare the registered political party's intent to participate in the next regular
717 primary election or declare that the registered political party chooses not to have the names of
718 the registered political party's candidates for elective office featured on the ballot at the next
719 regular general election; and
720 (ii) if the registered political party participates in the upcoming regular primary
721 election, identify one or more registered political parties whose members may vote for the
722 registered political party's candidates and whether individuals identified as unaffiliated with a
723 political party may vote for the registered political party's candidates.
724 (b) (i) A registered political party that is a continuing political party shall file the
725 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
726 November 30 of each odd-numbered year.
727 (ii) An organization that is seeking to become a registered political party under Section
728 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
729 political party files the petition described in Section 20A-8-103.
730 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
731 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
732 office on the regular primary ballot of the registered political party listed on the declaration of
733 candidacy only if the individual is certified by the appropriate filing officer as having submitted
734 a set of nomination petitions that was:
735 (i) circulated and completed in accordance with Section 20A-9-405; and
736 (ii) signed by at least 2% of the registered political party's members who reside in the
737 political division of the office that the individual seeks.
738 (b) (i) A candidate for elective office shall submit nomination petitions to the
739 appropriate filing officer for verification and certification no later than 5 p.m. on the final day
740 in March.
741 (ii) A candidate may supplement the candidate's submissions at any time on or before
742 the filing deadline.
743 (c) (i) The lieutenant governor shall determine for each elective office the total number
744 of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
745 the aggregate number of individuals residing in each elective office's political division who
746 have designated a particular registered political party on the individuals' voter registration
747 forms on or before November 15 of each odd-numbered year.
748 (ii) The lieutenant governor shall publish the determination for each elective office no
749 later than November 30 of each odd-numbered year.
750 (d) The filing officer shall:
751 (i) verify signatures on nomination petitions in a transparent and orderly manner, no
752 later than 14 days after the day on which a candidate submits the signatures to the filing officer;
753 (ii) for all qualifying candidates for elective office who submit nomination petitions to
754 the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
755 described in Subsection 20A-9-202(1)(b);
756 (iii) consider active and inactive voters eligible to sign nomination petitions;
757 (iv) consider an individual who signs a nomination petition a member of a registered
758 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
759 registered political party as the individual's party membership on the individual's voter
760 registration form; and
761 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
762 petition signatures, or use statistical sampling procedures to verify submitted nomination
763 petition signatures in accordance with rules made under Subsection (3)(f).
764 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
765 lieutenant governor may appear on the regular primary ballot of a registered political party
766 without submitting nomination petitions if the candidate files a declaration of candidacy and
767 complies with Subsection 20A-9-202(3).
768 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
769 director of elections, within the Office of the Lieutenant Governor, may make rules that:
770 (i) provide for the use of statistical sampling procedures that:
771 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
772 (B) reflect a bona fide effort to determine the validity of a candidate's entire
773 submission, using widely recognized statistical sampling techniques; and
774 (ii) provide for the transparent, orderly, and timely submission, verification, and
775 certification of nomination petition signatures.
776 (g) The county clerk shall:
777 (i) review the declarations of candidacy filed by candidates for local boards of
778 education to determine if more than two candidates have filed for the same seat;
779 (ii) place the names of all candidates who have filed a declaration of candidacy for a
780 local board of education seat on the nonpartisan section of the ballot if more than two
781 candidates have filed for the same seat; and
782 (iii) determine the order of the local board of education candidates' names on the ballot
783 in accordance with Section 20A-6-305.
784 (4) (a) Before the deadline described in Subsection 20A-9-409(4)[
785 governor shall provide to the county clerks:
786 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
787 county, and county offices who have received certifications under Subsection (3), along with
788 instructions on how those names shall appear on the primary election ballot in accordance with
789 Section 20A-6-305; and
790 (ii) a list of unopposed candidates for elective office who have been nominated by a
791 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
792 unopposed candidates from the primary election ballot.
793 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
794 joint-ticket running mates shall appear jointly on the primary election ballot.
795 (c) After the county clerk receives the certified list from the lieutenant governor under
796 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
797 substantially the following form:
798 "Notice is given that a primary election will be held Tuesday, June ____,
799 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
800 local school board positions listed on the primary ballot. The polling place for voting precinct
801 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
802 Attest: county clerk."
803 (5) For a regular primary race other than a race described in Subsection 20A-9-402(2):
804 (a) [
805 votes cast for the office sought by the candidate is:
806 (i) nominated for that office by the candidate's registered political party; or
807 (ii) for a nonpartisan local school board position, nominated for that office[
808 (b) [
809 election, those party candidates equal in number to positions to be filled who receive the
810 highest number of votes at the regular primary election are the nominees of the candidates'
811 party for those positions[
812 [
813 [
814
815
816 [
817
818
819
820 [
821 the regular primary election of a registered political party is nominated by the party for that
822 office without appearing on the primary election ballot[
823 (d) for a nonpartisan race, a candidate who is unopposed for office in the regular
824 primary election is nominated to appear on the regular general election ballot;
825 [
826
827 county, the governor, lieutenant governor, and attorney general shall, at a public meeting called
828 by the governor and in the presence of the candidates involved, select the nominee by lot cast
829 in whatever manner the governor determines[
830 [
831
832 the county is located shall, at a public meeting called by the judges and in the presence of the
833 candidates involved, select the nominee by lot cast in whatever manner the judges determine.
834 (6) For a regular primary race described in Subsection 20A-9-402(2), a candidate's
835 nomination is determined, and any tie broken, in accordance with Sections 20-9-412 through
836 20A-9-417.
837 (7) The expense of providing all ballots, blanks, or other supplies to be used at [
838 regular primary election [
839 the preparation for or the conduct of that regular primary election shall be paid out of the
840 treasury of the county or state, in the same manner as for the regular general elections.
841 (8) An individual may not file a declaration of candidacy for a registered political party
842 of which the individual is not a member, except to the extent that the registered political party
843 permits otherwise under the registered political party's bylaws.
844 Section 17. Section 20A-9-406 is amended to read:
845 20A-9-406. Qualified political party -- Requirements and exemptions.
846 The following provisions apply to a qualified political party:
847 (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
848 odd-numbered year, certify to the lieutenant governor the identity of one or more registered
849 political parties whose members may vote for the qualified political party's candidates and
850 whether unaffiliated voters may vote for the qualified political party's candidates;
851 (2) the following provisions do not apply to a nomination for the qualified political
852 party:
853 (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a); and
854 [
855 [
856 (3) an individual may only seek the nomination of the qualified political party by using
857 a method described in Section 20A-9-407, Section 20A-9-408, or both;
858 (4) the qualified political party shall comply with the provisions of Sections
859 20A-9-407, 20A-9-408, and 20A-9-409;
860 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer
861 shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
862 by a qualified political party:
863 (a) under the qualified political party's name , if any; or
864 (b) under the title of the qualified registered political party as designated by the
865 qualified political party in the certification described in Subsection (1), or, if none is
866 designated, then under some suitable title;
867 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
868 ballots in regular general elections, that each candidate who is nominated by the qualified
869 political party is listed by party;
870 (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
871 the party designation of each candidate who is nominated by the qualified political party is
872 displayed adjacent to the candidate's name on a mechanical ballot;
873 (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
874 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
875 20A-9-408 to run in a regular general election for a federal office, constitutional office,
876 multicounty office, or county office;
877 (9) an individual who is nominated by, or seeking the nomination of, the qualified
878 political party is not required to comply with Subsection 20A-9-201(1)(c);
879 (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
880 to have each of the qualified political party's candidates for elective office appear on the
881 primary ballot of the qualified political party with an indication that each candidate is a
882 candidate for the qualified political party;
883 (11) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
884 on the list provided by the lieutenant governor to the county clerks:
885 (a) the names of all candidates of the qualified political party for federal, constitutional,
886 multicounty, and county offices; and
887 (b) the names of unopposed candidates for elective office who have been nominated by
888 the qualified political party and instruct the county clerks to exclude such candidates from the
889 primary-election ballot;
890 (12) [
891 an elective office in the regular primary election of the qualified political party is nominated by
892 the party for that office without appearing on the primary ballot; and
893 (13) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
894 20A-9-405, the qualified political party is entitled to have the names of its candidates for
895 elective office featured with party affiliation on the ballot at a regular general election.
896 Section 18. Section 20A-9-409 is amended to read:
897 20A-9-409. Primary election provisions relating to qualified political party.
898 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
899 (2) (a) A qualified political party that nominates [
900
901 have a candidate qualify as a candidate for that office under Section 20A-9-408, may, but is not
902 required to, participate in the primary election for that office.
903 [
904
905
906
907 [
908 [
909 candidate for that office under Section 20A-9-408 shall participate in the primary election for
910 that office.
911 [
912 candidates for an [
913 for that office under Section 20A-9-407 shall participate in the primary election for that office.
914 (3) [
915 17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
916 for a county commission office if:
917 (a) there is more than one:
918 (i) open position as defined in Section 17-52a-201; or
919 (ii) midterm vacancy as defined in Section 17-52a-201; and
920 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
921 Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
922 of respective open positions or midterm vacancies.
923 [
924 [
925
926
927 [
928
929
930
931 [
932 governor shall:
933 (i) provide to the county clerks:
934 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
935 county, and county offices who have received certifications from the appropriate filing officer,
936 along with instructions on how those names shall appear on the primary election ballot in
937 accordance with Section 20A-6-305; [
938 (B) a list of unopposed candidates for elective office who have been nominated by a
939 registered political party; and
940 (C) a list of unopposed candidates for nonpartisan office; and
941 (ii) instruct the county clerks to exclude unopposed candidates from the primary
942 election ballot.
943 [
944 Wednesday after the third Saturday in April.
945 Section 19. Section 20A-9-412 is enacted to read:
946 20A-9-412. Ranked-choice voting -- Partisan, multi-candidate, regular primary
947 race.
948 (1) This section applies to a partisan, multi-candidate race held during a regular
949 primary election to nominate a candidate to compete in the regular general election.
950 (2) For a race described in Subsection (1), the election officer shall:
951 (a) (i) conduct the first ballot-counting phase by counting the valid first preference
952 votes for each candidate; and
953 (ii) if, after complying with Section 20A-9-414, one of the candidates receives more
954 than 50% of the valid first preference votes counted, declare that candidate nominated;
955 (b) if, after counting the valid first preference votes for each candidate, and complying
956 with Section 20A-9-414, no candidate receives more than 50% of the valid first preference
957 votes counted, conduct the second ballot-counting phase by:
958 (i) excluding from the multi-candidate race:
959 (A) the candidate who receives the fewest valid first preference votes counted; or
960 (B) in the event of a tie for the fewest valid first preference votes counted, one of the
961 tied candidates, determined by the election officer by lot, in accordance with Section
962 20A-9-415;
963 (ii) adding, to the valid first preference votes counted for the remaining candidates, the
964 valid second preference votes cast for the remaining candidates by the voters who cast a valid
965 first preference vote for the excluded candidate; and
966 (iii) if, after adding the votes in accordance with Subsection (2)(b)(ii) and complying
967 with Section 20A-9-414, one candidate receives more than 50% of the valid votes counted,
968 declaring that candidate nominated; and
969 (c) if, after adding the valid second preference votes in accordance with Subsection
970 (2)(b)(ii) and complying with Section 20A-9-414, no candidate receives more than 50% of the
971 valid votes counted, conduct subsequent ballot-counting phases by continuing the process
972 described in Subsection (2)(b) until a candidate receives more than 50% of the valid votes
973 counted, as follows:
974 (i) after complying with Section 20A-9-414, excluding from consideration the
975 candidate who receives the fewest valid votes counted or, in the event of a tie for the fewest
976 valid votes counted, excluding one of the tied candidates, by lot, in accordance with Section
977 20A-9-415;
978 (ii) adding the next valid preference vote cast by each voter whose vote was counted
979 for the last excluded candidate to one of the remaining candidates, in the order of the next
980 preference indicated by the voter; and
981 (iii) after complying with Section 20A-9-414:
982 (A) declaring nominated the first candidate who receives more than 50% of the valid
983 votes counted under the process described in Subsections (2)(c)(i) and (ii); or
984 (B) if the last two remaining candidates tie, breaking the tie, by lot, in accordance with
985 Section 20A-9-415, and declaring the winner of the tie break nominated.
986 Section 20. Section 20A-9-413 is enacted to read:
987 20A-9-413. Ranked-choice voting -- Nonpartisan, multi-candidate, regular
988 primary race.
989 (1) This section applies to a nonpartisan, multi-candidate race held during a regular
990 primary election to nominate two candidates to compete in the regular general election.
991 (2) For a race described in Subsection (1), the election officer shall:
992 (a) conduct the first ballot-counting phase by:
993 (i) counting the valid first preference votes for each candidate;
994 (ii) after complying with Section 20A-9-414, excluding from the race:
995 (A) the candidate who receives the fewest valid first preference votes counted; or
996 (B) in the event of a tie for the fewest valid first preference votes counted, one of the
997 tied candidates, determined by the election officer, by lot, in accordance with Section
998 20A-9-415; and
999 (iii) if, after complying with Subsection (2)(a)(ii), only two candidates remain,
1000 declaring the remaining candidates nominated;
1001 (b) if, after complying with Subsection (2)(a)(ii), more than two candidates remain,
1002 conduct the second-ballot counting phase by:
1003 (i) adding, to the valid first preference votes received by the remaining candidates, the
1004 valid second preference votes cast for the remaining candidates by the voters who cast a valid
1005 first preference vote for the excluded candidate;
1006 (ii) after complying with Section 20A-9-414, excluding from the race:
1007 (A) the candidate who receives the fewest valid votes under Subsection (2)(b)(i); or
1008 (B) in the event of a tie for the fewest valid votes received, one of the tied candidates,
1009 determined by the election officer, by lot, in accordance with Section 20A-9-415; and
1010 (iii) if, after complying with Subsection (2)(b)(ii), only two candidates remain,
1011 declaring the remaining candidates nominated; and
1012 (c) if, after complying with Subsection (2)(b)(ii), more than two candidates remain,
1013 conduct subsequent counting phases by continuing the process described in Subsection (2)(b)
1014 until only two candidates remain, as follows:
1015 (i) after complying with Section 20A-9-414, excluding from consideration the
1016 candidate who receives the fewest valid votes counted or, in the event of a tie for the fewest
1017 valid votes counted, excluding one of the tied candidates, by lot, in accordance with Section
1018 20A-9-415;
1019 (ii) adding the next valid preference vote cast by each voter whose vote was counted
1020 for the last excluded candidate to one of the remaining candidates, in the order of the next
1021 preference indicated by the voter; and
1022 (iii) after complying with Subsection (2)(c)(ii) and Section 20A-9-414:
1023 (A) if only two candidates remain, declaring the remaining candidates nominated; or
1024 (B) if, after all preference votes have been counted, more than two candidates remain
1025 due to a tie, breaking the tie, by lot, in accordance with Section 20A-9-415 and declaring the
1026 two remaining candidates nominated.
1027 Section 21. Section 20A-9-414 is enacted to read:
1028 20A-9-414. Recount for ranked-choice voting.
1029 Except as provided in Subsection 20A-9-416(2), a recount is required before excluding
1030 a candidate from a race under Section 20A-9-412 or 20A-9-413, if the difference between the
1031 number of votes counted for the candidate who receives the fewest valid votes in the applicable
1032 ballot-counting phase of the race and the number of votes counted for any other candidate in
1033 the same ballot-counting phase is equal to or less than the product of the following, rounded up
1034 to the nearest whole number:
1035 (1) the total number of voters who cast a valid vote counted in that ballot-counting
1036 phase; and
1037 (2) the recount threshold.
1038 Section 22. Section 20A-9-415 is enacted to read:
1039 20A-9-415. Breaking a tie for ranked-choice voting.
1040 (1) The election officer shall break a tie, by lot, in the manner determined by the
1041 election officer, in accordance with Subsection (2).
1042 (2) The election officer shall:
1043 (a) cast or draw the lot in the presence of at least two election officials and any
1044 counting poll watchers who are present and desire to witness the casting or drawing of the lot;
1045 and
1046 (b) sign a public document that identifies:
1047 (i) the tied individuals for whom the lots are cast or drawn;
1048 (ii) the time, date, and place of the casting or drawing of the lot;
1049 (iii) the race and, if applicable, the ballot-counting phase, of the election for which the
1050 tie is broken;
1051 (iv) the method used for casting or drawing the lot;
1052 (v) the result of the lot; and
1053 (vi) the name of the election officer, election officials, and counting poll watchers who
1054 witness the casting or drawing of the lot.
1055 Section 23. Section 20A-9-416 is enacted to read:
1056 20A-9-416. Batch elimination.
1057 (1) In any ballot count conducted under Section 20A-9-412 or 20A-9-413, the election
1058 officer may exclude candidates through batch elimination by, instead of excluding only one
1059 candidate in a ballot-counting phase, excluding each candidate:
1060 (a) for which the number of remaining candidates with more valid votes than that
1061 candidate is greater than or equal to the number of candidates to be nominated; and
1062 (b) (i) for which the number of valid votes counted for the candidate in the phase plus
1063 the number of votes counted for all candidates with fewer valid votes in the phase is less than
1064 the number of valid votes for the candidate with the next highest amount of valid votes in the
1065 phase; or
1066 (ii) who has fewer valid votes in the phase than a candidate who is excluded under
1067 Subsection (1)(b)(i).
1068 (2) The requirement for a recount before excluding a candidate under Section
1069 20A-9-412 or 20A-9-413 does not apply to a candidate who is excluded through batch
1070 elimination.
1071 Section 24. Section 20A-9-417 is enacted to read:
1072 20A-9-417. Validity of vote.
1073 (1) A vote is valid for a particular phase of a multi-candidate race under Section
1074 20A-9-412 or 20A-9-413 only if the voter indicates the voter's preference for that phase and all
1075 previous phases.
1076 (2) A vote is not valid for a particular phase of a multi-candidate race under Section
1077 20A-9-412 or 20A-9-413, and for all subsequent phases, if the voter indicates the same rank for
1078 more than one candidate for that phase.
1079 (3) In a multi-candidate race under Section 20A-9-412 or 20A-9-413, a preference vote
1080 cast for a sixth or greater preference is not valid, but the previous preference votes are counted
1081 if the ballot is otherwise marked in accordance with the requirements of this part.
1082 Section 25. Section 20A-9-701 is amended to read:
1083 20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
1084 (1) No later than August 31 of each regular general election year, the lieutenant
1085 governor shall certify to each county clerk, for offices to be voted upon at the regular general
1086 election in that county clerk's county:
1087 (a) the names of each candidate nominated under Subsection 20A-9-202(4)[
1088 Subsection 20A-9-403(5), or Sections 20A-9-412 through 20A-9-417; and
1089 (b) the names of the candidates for president and vice president that are certified by the
1090 registered political party as the party's nominees.
1091 (2) The names shall be certified by the lieutenant governor and shall be displayed on
1092 the ballot as they are provided on the candidate's declaration of candidacy. No other names
1093 may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
1094 political party, political party, or other political group.
1095 Section 26. Section 63I-2-220 is amended to read:
1096 63I-2-220. Repeal dates -- Title 20A.
1097 (1) On January 1, 2021:
1098 (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
1099 Subsection (4)," is repealed.
1100 (b) Subsection 20A-1-201.5(4) is repealed.
1101 (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
1102 following:
1103 "(i) the fourth Tuesday in June; or
1104 (ii) the first Tuesday after the first Monday in November.".
1105 (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
1106 20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
1107 20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
1108 (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
1109 "(b) Unless expressly provided otherwise in this title, for a registered political party
1110 that is not a qualified political party, the deadline for filing a declaration of candidacy for an
1111 elective office that is to be filled at the next regular general election is 5 p.m. on the first
1112 Monday after the third Saturday in April.";
1113 (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
1114 "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
1115 the third Saturday in April.".
1116 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
1117 (3) Section 20A-5-804 is repealed July 1, 2023.
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1186 (4) On January 1, 2026, Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
1187 Methods Pilot Project, is repealed.
1188 (5) Section 20A-7-407 is repealed January 1, 2021.
1189 (6) Section 20A-1-310 is repealed January 1, 2021.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 1/11/2021 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 1/11/2021 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 1/11/2021 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 1/13/2021 | House/ received bill from Legislative Research | Clerk of the House | |
| 1/15/2021 | LFA/ fiscal note sent to sponsor | Clerk of the House | |
| 1/19/2021 | House/ 1st reading (Introduced) | House Rules Committee | |
| 1/22/2021 | LFA/ fiscal note publicly available | House Rules Committee | |
| 1/25/2021 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
| 3/5/2021 | House/ strike enacting clause | Clerk of the House | |
| 3/5/2021 | House/ filed | House file for bills not passed |
Committee Hearings/Floor Debate