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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the Municipal Alternate Voting Methods Pilot
10 Project.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ replaces references to the "canvassing phase" with the term "ballot-counting phase";
15 ▸ modifies provisions for determining a voter's intent on an instant runoff voting
16 ballot;
17 ▸ modifies provisions for determining when a vote is valid in an instant runoff race;
18 ▸ modifies and clarifies recount procedures and requirements;
19 ▸ permits a canvassing deadline extension, when necessary, to conduct a recount; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 20A-4-101, as last amended by Laws of Utah 2020, Chapter 31
28 20A-4-102, as last amended by Laws of Utah 2020, Chapters 31 and 49
29 20A-4-304, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
30 20A-4-601, as enacted by Laws of Utah 2018, Chapter 187
31 20A-4-603, as last amended by Laws of Utah 2019, Chapter 305
32 20A-4-604, as enacted by Laws of Utah 2018, Chapter 187
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 20A-4-101 is amended to read:
36 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
37 polling place on day of election before polls close.
38 (1) Each county legislative body, municipal legislative body, and each poll worker
39 shall comply with the requirements of this section when counting manual ballots on the day of
40 an election, if:
41 (a) the ballots are cast at a polling place; and
42 (b) the ballots are counted at the polling place before the polls close.
43 (2) (a) Each county legislative body or municipal legislative body shall provide:
44 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
45 judges have been appointed; and
46 (ii) a counting room for the use of the poll workers counting the ballots during the day.
47 (b) At any election in any voting precinct in which both receiving and counting judges
48 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
49 (i) close the first ballot box and deliver it to the counting judges; and
50 (ii) prepare and use another ballot box to receive voted ballots.
51 (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
52 judges shall:
53 (i) take the ballot box to the counting room;
54 (ii) count the votes on the regular ballots in the ballot box;
55 (iii) place the provisional ballot envelopes in the envelope or container provided for
56 them for return to the election officer; and
57 (iv) when they have finished counting the votes in the ballot box, return the emptied
58 box to the receiving judges.
59 (d) (i) During the course of election day, whenever there are at least 20 ballots
60 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
61 judges for counting; and
62 (ii) the counting judges shall immediately count the regular ballots and segregate the
63 provisional ballots contained in that box.
64 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
65 until the polls close.
66 (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
67 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
68 describing the procedures that a counting judge is required to follow for counting ballots in an
69 instant runoff voting race under [
70 Methods Pilot Project.
71 (ii) When counting ballots in an instant runoff voting race described in [
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73 comply with the procedures established under Subsection (2)(f)(i) and [
74 Part 6, Municipal Alternate Voting Methods Pilot Project.
75 (3) To resolve questions that arise during the counting of ballots, a counting judge shall
76 apply the standards and requirements of:
77 (a) to the extent applicable, Section 20A-4-105; and
78 (b) as applicable, for an instant runoff voting race under [
79 Municipal Alternate Voting Methods Pilot Project, [
80 20A-4-603(3) through (5).
81 Section 2. Section 20A-4-102 is amended to read:
82 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
83 polling place on day of election after polls close.
84 (1) (a) This section governs counting manual ballots on the day of an election, if:
85 (i) the ballots are cast at a polling place; and
86 (ii) the ballots are counted at the polling place after the polls close.
87 (b) Except as provided in Subsection (2) or a rule made under Subsection
88 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
89 the election judges shall count the ballots by performing the tasks specified in this section in
90 the order that they are specified.
91 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
92 apply the standards and requirements of:
93 (i) to the extent applicable, Section 20A-4-105; and
94 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
95 Voting Methods Pilot Project,[
96 (5).
97 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
98 (b) (i) If there are more ballots in the ballot box than there are names entered in the
99 pollbook, the judges shall examine the official endorsements on the ballots.
100 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
101 official endorsement, the judges shall put those ballots in an excess ballot file and not count
102 them.
103 (c) (i) If, after examining the official endorsements, there are still more ballots in the
104 ballot box than there are names entered in the pollbook, the judges shall place the remaining
105 ballots back in the ballot box.
106 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
107 excess from the ballot box.
108 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
109 count them.
110 (d) When the ballots in the ballot box equal the number of names entered in the
111 pollbook, the judges shall count the votes.
112 (3) The judges shall:
113 (a) place all unused ballots in the envelope or container provided for return to the
114 county clerk or city recorder; and
115 (b) seal that envelope or container.
116 (4) The judges shall:
117 (a) place all of the provisional ballot envelopes in the envelope provided for them for
118 return to the election officer; and
119 (b) seal that envelope or container.
120 (5) (a) In counting the votes, the election judges shall read and count each ballot
121 separately.
122 (b) In regular primary elections the judges shall:
123 (i) count the number of ballots cast for each party;
124 (ii) place the ballots cast for each party in separate piles; and
125 (iii) count all the ballots for one party before beginning to count the ballots cast for
126 other parties.
127 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
128 Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
129 20A-4-101(2)(f)(i):
130 (i) count one vote for each candidate designated by the marks in the squares next to the
131 candidate's name;
132 (ii) count each vote for each write-in candidate who has qualified by filing a
133 declaration of candidacy under Section 20A-9-601;
134 (iii) read every name marked on the ballot and mark every name upon the tally sheets
135 before another ballot is counted;
136 (iv) evaluate each ballot and each vote based on the standards and requirements of
137 Section 20A-4-105;
138 (v) write the word "spoiled" on the back of each ballot that lacks the official
139 endorsement and deposit it in the spoiled ballot envelope; and
140 (vi) read, count, and record upon the tally sheets the votes that each candidate and
141 ballot proposition received from all ballots, except excess or spoiled ballots.
142 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
143 persons clearly not eligible to qualify for office.
144 (c) The judges shall certify to the accuracy and completeness of the tally list in the
145 space provided on the tally list.
146 (d) When the judges have counted all of the voted ballots, they shall record the results
147 on the total votes cast form.
148 (7) Only an election judge and a watcher may be present at the place where counting is
149 conducted until the count is completed.
150 Section 3. Section 20A-4-304 is amended to read:
151 20A-4-304. Declaration of results -- Canvassers' report.
152 (1) Each board of canvassers shall:
153 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
154 declare "elected" or "nominated" those persons who:
155 (i) had the highest number of votes; and
156 (ii) sought election or nomination to an office completely within the board's
157 jurisdiction;
158 (b) declare:
159 (i) "approved" those ballot propositions that:
160 (A) had more "yes" votes than "no" votes; and
161 (B) were submitted only to the voters within the board's jurisdiction; or
162 (ii) "rejected" those ballot propositions that:
163 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
164 votes; and
165 (B) were submitted only to the voters within the board's jurisdiction;
166 (c) certify the vote totals for persons and for and against ballot propositions that were
167 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
168 the lieutenant governor; and
169 (d) if applicable, certify the results of each local district election to the local district
170 clerk.
171 (2) As soon as the result is declared, the election officer shall prepare a report of the
172 result, which shall contain:
173 (a) the total number of votes cast in the board's jurisdiction;
174 (b) the names of each candidate whose name appeared on the ballot;
175 (c) the title of each ballot proposition that appeared on the ballot;
176 (d) each office that appeared on the ballot;
177 (e) from each voting precinct:
178 (i) the number of votes for each candidate;
179 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
180 Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
181 potential ballot-counting phase and the name of the candidate excluded in each [
182 ballot-counting phase; and
183 (iii) the number of votes for and against each ballot proposition;
184 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
185 and against each ballot proposition;
186 (g) the number of ballots that were rejected; and
187 (h) a statement certifying that the information contained in the report is accurate.
188 (3) The election officer and the board of canvassers shall:
189 (a) review the report to ensure that it is correct; and
190 (b) sign the report.
191 (4) The election officer shall:
192 (a) record or file the certified report in a book kept for that purpose;
193 (b) prepare and transmit a certificate of nomination or election under the officer's seal
194 to each nominated or elected candidate;
195 (c) publish a copy of the certified report in accordance with Subsection (5); and
196 (d) file a copy of the certified report with the lieutenant governor.
197 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
198 days after the day on which the board of canvassers declares the election results, publicize the
199 certified report described in Subsection (2):
200 (a) (i) by publishing notice at least once in a newspaper of general circulation within
201 the jurisdiction;
202 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
203 jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
204 of the jurisdiction, subject to a maximum of 10 notices; or
205 (iii) by mailing notice to each residence within the jurisdiction;
206 (b) by posting notice on the Utah Public Notice Website, created in Section
207 63A-16-601, for one week; and
208 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
209 one week.
210 (6) Instead of including a copy of the entire certified report, a notice required under
211 Subsection (5) may contain a statement that:
212 (a) includes the following: "The Board of Canvassers for [indicate name of
213 jurisdiction] has prepared a report of the election results for the [indicate type and date of
214 election]."; and
215 (b) specifies the following sources where an individual may view or obtain a copy of
216 the entire certified report:
217 (i) if the jurisdiction has a website, the jurisdiction's website;
218 (ii) the physical address for the jurisdiction; and
219 (iii) a mailing address and telephone number.
220 (7) When there has been a regular general or a statewide special election for statewide
221 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
222 or more county ballot proposition, each board of canvassers shall:
223 (a) prepare a separate report detailing the number of votes for each candidate and the
224 number of votes for and against each ballot proposition; and
225 (b) transmit the separate report by registered mail to the lieutenant governor.
226 (8) In each county election, municipal election, school election, local district election,
227 and local special election, the election officer shall transmit the reports to the lieutenant
228 governor within 14 days after the date of the election.
229 (9) In a regular primary election and in a presidential primary election, the board shall
230 transmit to the lieutenant governor:
231 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
232 governor not later than the second Tuesday after the election; and
233 (b) a complete tabulation showing voting totals for all primary races, precinct by
234 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
235 primary election.
236 Section 4. Section 20A-4-601 is amended to read:
237 20A-4-601. Definitions.
238 As used in this part:
239 (1) "Candidate amplifier" means the product of:
240 (a) two less than the total number of candidates in a given [
241 phase of a multi-candidate race; and
242 (b) .02%.
243 (2) "First preference ranking" means the candidate selected as the candidate most
244 preferred by a voter, as indicated by:
245 (a) the number one; or
246 (b) if the voter does not assign the number one to any candidate, the number two.
247 [
248 (a) for the election of at-large officers, the number of candidates who qualify for the
249 race exceeds the total number of seats to be filled; or
250 (b) for the election of an officer other than an at-large officer, more than two
251 candidates qualify to run for one office.
252 [
253 pilot project, in accordance with Subsection 20A-4-602(3).
254 [
255 created in Section 20A-4-602.
256 [
257 following:
258 (a) for a [
259 rankings are counted, 0.21%;
260 (b) for a [
261 valid [
262 (c) for a [
263 valid [
264 (d) for a [
265 5,000, valid [
266 (e) for a [
267 10,000, valid [
268 (f) for a [
269 rankings are counted, 0.11%.
270 [
271 ranking to be counted during the applicable ballot-counting phase.
272 Section 5. Section 20A-4-603 is amended to read:
273 20A-4-603. Instant runoff voting.
274 (1) In a multi-candidate race, the election officer for a participating municipality shall:
275 (a) (i) conduct the first ballot-counting phase by counting the valid first preference
276 [
277 (ii) if[
278 50% of the valid first preference [
279 (b) if, after counting the valid first preference [
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281 preference [
282 (i) excluding from the multi-candidate race:
283 (A) the candidate who received the fewest valid first preference [
284 counted; or
285 (B) in the event of a tie for the fewest valid first preference [
286 one of the tied candidates, determined by the [
287 Subsection (6);
288 (ii) adding, to the valid first preference [
289 candidates, the next valid [
290 candidates by the voters who cast a valid first preference [
291 candidate; and
292 (iii) if, after adding the [
293
294 rankings counted, declaring that candidate elected; and
295 (c) if, after adding the next valid [
296 with Subsection (1)(b)(ii) [
297 than 50% of the valid [
298 continuing the process described in Subsection (1)(b) until a candidate receives more than 50%
299 of the valid [
300 (i) [
301 who has the fewest valid [
302 [
303 Subsection (6); and
304 (ii) adding the next valid preference [
305 ranking was counted for the last excluded candidate to one of the remaining candidates, in the
306 order of the next preference indicated by the voter.
307 (2) The election officer shall declare elected the first candidate who receives more than
308 50% of the valid [
309 (3) [
310 multi-candidate race [
311 (a) the voter indicates the voter's preference for that ballot-counting phase and all
312 previous ballot-counting phases[
313 (b) in the event that the voter skips a number in filling out the rankings on a ballot:
314 (i) the voter clearly indicates an order of preference for the candidates;
315 (ii) the voter does not skip two or more consecutive numbers at any point before the
316 preference ranking that would otherwise be counted for the current ballot-counting phase;
317 (iii) the candidate next preferred by the voter is clearly indicated by a subsequent
318 number that most closely follows the number assigned by the voter for the previously-ranked
319 candidate; and
320 (iv) the voter did not give the same rank to more than one candidate for the applicable
321 ballot-counting phase or a previous ballot-counting phase.
322 [
323 multi-candidate race, and for all subsequent ballot-counting phases, if:
324 (a) the voter indicates the same rank for more than one candidate for that
325 ballot-counting phase[
326 [
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329
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331 [
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333 [
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339 [
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341 [
342 (b) the voter skips two or more consecutive numbers before ranking another candidate.
343 (5) If, for a ballot-counting phase, a voter ranks a candidate who has withdrawn from
344 the race, the next-ranked candidate who has not withdrawn from the race will be counted for
345 that ballot-counting phase.
346 (6) For each ballot-counting phase after the first phase, if[
347
348 rankings counted at that point in the ballot count, the election officer shall eliminate one of
349 those candidates from consideration, by lot, in the following manner:
350 (a) determine the names of the candidates who tie as having received the fewest valid
351 [
352 (b) cast the lot in the presence of at least two election officials and any counting poll
353 watchers who are present and desire to witness the casting of the lot; and
354 (c) sign a public document that:
355 (i) certifies the method used for casting the lot and the result of the lot; and
356 (ii) includes the name of each individual who witnessed the casting of the lot.
357 (7) In a multi-candidate race for an at-large office, where the number of candidates
358 who qualify for the race exceeds the total number of at-large seats to be filled for the office, the
359 election officer shall count the [
360 (a) except as provided in Subsection (8), counting [
361 as described in Subsections (1) through (6), until a candidate is declared elected;
362 (b) repeating the process described in Subsection (7)(a) for all candidates that are not
363 declared elected until another candidate is declared elected; and
364 (c) continuing the process described in Subsection (7)(b) until all at-large seats in the
365 race are filled.
366 (8) After a candidate is declared elected under Subsection (7), the election officer shall,
367 in repeating the process described in Subsections (1) through (6) to declare the next candidate
368 elected, add to the [
369 [
370 (9) An election officer for a participating municipality may choose to conduct a
371 primary election by using instant runoff voting in the manner described in Subsections (1)
372 through (6), except that:
373 (a) instead of determining whether a candidate receives more than 50% of the valid
374 preference [
375 proceed to a subsequent ballot-counting stage, and exclude the candidate who receives the
376 fewest valid preference [
377 filled in the race remain; and
378 (b) after complying with Subsection (9)(a), the election officer shall declare the
379 remaining candidates nominated to participate in the municipal general election.
380 (10) After completing all ballot-counting phases in a multi-candidate race, the election
381 officer shall order a full recount of the ballots cast for that race if, in one or more of the
382 ballot-counting phases:
383 (a) the difference between the number of rankings counted for a candidate who is
384 declared elected and the number of rankings counted for any other candidate in the same
385 ballot-counting phase is equal to or less than the product of the following, rounded up to the
386 nearest whole number:
387 (i) the total number of voters who cast a valid ranking counted in that ballot-counting
388 phase; and
389 (ii) the recount threshold; or
390 (b) the difference between the number of rankings counted for the candidate who
391 received the fewest valid rankings in a ballot-counting phase and the number of rankings
392 counted for any other candidate in the same ballot-counting phase is equal to or less than the
393 product of the following, rounded up to the nearest whole number:
394 (i) the total number of voters who cast a valid ranking counted in that ballot-counting
395 phase; and
396 (ii) the recount threshold.
397 (11) A recount described in Subsection (10):
398 (a) requires rescanning and tabulating all valid ballots; and
399 (b) provides for only one recount.
400 (12) Notwithstanding Section 20A-4-301, a board of municipal canvassers may extend
401 the canvass deadline by up to seven additional days, if necessary, to conduct a recount required
402 under Subsection (10).
403 Section 6. Section 20A-4-604 is amended to read:
404 20A-4-604. Batch elimination.
405 [
406 exclude candidates through batch elimination by, instead of excluding only one candidate in a
407 ballot-counting phase, excluding each candidate:
408 [
409 rankings than that candidate is greater than or equal to the number of offices to be filled; and
410 [
411 in the ballot-counting phase plus the number of [
412 candidates with fewer valid [
413 number of valid [
414 [
415 [
416 candidate who is excluded under Subsection [
417 [
418