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7 LONG TITLE
8 General Description:
9 This bill makes approval voting an option for municipal elections under the Municipal
10 Voting Methods Pilot Project.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ gives a participating municipality the option of selecting different methods of
15 conducting an election as part of the Municipal Alternate Voting Methods Pilot
16 Project;
17 ▸ describes the process of voting and of determining winners in an alternate voting
18 methods race, depending on the voting method selected by a participating
19 municipality; 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27 20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
28 20A-3a-204, as last amended by Laws of Utah 2022, Chapter 156
29 20A-4-101, as last amended by Laws of Utah 2022, Chapter 342
30 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342
31 20A-4-401, as last amended by Laws of Utah 2020, Chapter 31
32 20A-4-601, as last amended by Laws of Utah 2022, Chapter 342
33 20A-4-602, as last amended by Laws of Utah 2022, Chapter 170
34 20A-4-603, as last amended by Laws of Utah 2022, Chapter 342
35 20A-6-203.5, as enacted by Laws of Utah 2018, Chapter 187
36 20A-6-402, as last amended by Laws of Utah 2020, Chapter 31
37 ENACTS:
38 20A-4-605, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 20A-1-304 is amended to read:
42 20A-1-304. Tie votes.
43 Except for a race conducted by [
44 voting method under Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if
45 two or more candidates for a position have an equal and the highest number of votes for any
46 office, the election officer shall, in a public meeting held within 30 days after the day on which
47 the canvass is completed, determine the candidate selected, by lot, in the presence of each
48 candidate subject to the tie.
49 Section 2. Section 20A-3a-204 is amended to read:
50 20A-3a-204. Marking and depositing ballots.
51 (1) To vote by mail:
52 (a) except as provided in Subsection (6), the voter shall prepare the voter's manual
53 ballot by marking the appropriate space with a mark opposite the name of each candidate of the
54 voter's choice for each office to be filled;
55 (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
56 appropriate space with a mark opposite the answer the voter intends to make;
57 (c) except as provided in Subsection (6), the voter shall record a write-in vote in
58 accordance with Subsection 20A-3a-206(1);
59 (d) except as provided in Subsection (6), a mark is not required opposite the name of a
60 write-in candidate; and
61 (e) the voter shall:
62 (i) complete and sign the affidavit on the return envelope;
63 (ii) place the voted ballot in the return envelope;
64 (iii) if required, place a copy of the voter's valid voter identification in the return
65 envelope;
66 (iv) securely seal the return envelope; and
67 (v) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
68 (B) place the return envelope in a ballot drop box, designated by the election officer,
69 for the precinct where the voter resides.
70 (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
71 mailed must be:
72 (i) clearly postmarked before election day, or otherwise clearly marked by the post
73 office as received by the post office before election day; and
74 (ii) received in the office of the election officer before noon on the day of the official
75 canvass following the election.
76 (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
77 close on election day, be deposited in:
78 (i) a ballot box at a polling place; or
79 (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
80 ballot relates.
81 (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
82 drop box in the wrong jurisdiction to the correct jurisdiction.
83 (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
84 ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
85 deposit the ballot in the ballot drop box.
86 (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
87 complying with Subsections (1)(a) through (d):
88 (a) sign the official register or pollbook; and
89 (b) (i) place the ballot in the ballot box; or
90 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
91 envelope, complete the information printed on the provisional ballot envelope, and deposit the
92 provisional ballot envelope in the provisional ballot box.
93 (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
94 (b) An individual other than an individual with a disability may vote a mechanical
95 ballot at a polling place if permitted by the election officer.
96 (5) To vote a mechanical ballot, the voter shall:
97 (a) make the selections according to the instructions provided for the voting device;
98 and
99 (b) subject to Subsection (6), record a write-in vote by:
100 (i) selecting the appropriate position for entering a write-in candidate; and
101 (ii) using the voting device to enter the name of the valid write-in candidate for whom
102 the voter wishes to vote.
103 (6) To vote in an [
104 race under Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project[
105 (a) for a municipality using the instant runoff voting method described in Sections
106 20A-4-603 and 20A-4-604, a voter:
107 [
108 voter's first preference for the office; and
109 [
110 in order of the voter's preference[
111 (b) for a municipality using the approval voting method described in Section
112 20A-4-605, a voter shall, as directed on the ballot, indicate one or more names of candidates
113 whom the voter approves for the office, without stating an order of preference.
114 (7) A voter who votes at a polling place:
115 (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
116 area after voting; and
117 (b) may not:
118 (i) occupy a voting booth occupied by another, except as provided in Section
119 20A-3a-208;
120 (ii) remain within the voting area more than 10 minutes; or
121 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
122 voters are waiting to occupy a voting booth.
123 (8) If the official register shows any voter as having voted, that voter may not reenter
124 the voting area during that election unless that voter is an election official or watcher.
125 (9) A poll worker may not, at a polling place, allow more than four voters more than
126 the number of voting booths into the voting area at one time unless those excess voters are:
127 (a) election officials;
128 (b) watchers; or
129 (c) assisting voters with a disability.
130 Section 3. Section 20A-4-101 is amended to read:
131 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
132 polling place on day of election before polls close.
133 (1) Each county legislative body, municipal legislative body, and each poll worker
134 shall comply with the requirements of this section when counting manual ballots on the day of
135 an election, if:
136 (a) the ballots are cast at a polling place; and
137 (b) the ballots are counted at the polling place before the polls close.
138 (2) (a) Each county legislative body or municipal legislative body shall provide:
139 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
140 judges have been appointed; and
141 (ii) a counting room for the use of the poll workers counting the ballots during the day.
142 (b) At any election in any voting precinct in which both receiving and counting judges
143 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
144 (i) close the first ballot box and deliver it to the counting judges; and
145 (ii) prepare and use another ballot box to receive voted ballots.
146 (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
147 judges shall:
148 (i) take the ballot box to the counting room;
149 (ii) count the votes on the regular ballots in the ballot box;
150 (iii) place the provisional ballot envelopes in the envelope or container provided for
151 them for return to the election officer; and
152 (iv) when they have finished counting the votes in the ballot box, return the emptied
153 box to the receiving judges.
154 (d) (i) During the course of election day, whenever there are at least 20 ballots
155 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
156 judges for counting; and
157 (ii) the counting judges shall immediately count the regular ballots and segregate the
158 provisional ballots contained in that box.
159 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
160 until the polls close.
161 (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
162 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
163 describing the procedures that a counting judge is required to follow for counting ballots in an
164 [
165 Methods Pilot Project.
166 (ii) When counting ballots in an [
167 described in Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall
168 comply with the procedures established under Subsection (2)(f)(i) and Part 6, Municipal
169 Alternate Voting Methods Pilot Project.
170 (3) To resolve questions that arise during the counting of ballots, a counting judge shall
171 apply the standards and requirements of:
172 (a) to the extent applicable, Section 20A-4-105; and
173 (b) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
174 Voting Methods Pilot Project, Subsections 20A-4-603[
175 Section 4. Section 20A-4-102 is amended to read:
176 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
177 polling place on day of election after polls close.
178 (1) (a) This section governs counting manual ballots on the day of an election, if:
179 (i) the ballots are cast at a polling place; and
180 (ii) the ballots are counted at the polling place after the polls close.
181 (b) Except as provided in Subsection (2) or a rule made under Subsection
182 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
183 the election judges shall count the ballots by performing the tasks specified in this section in
184 the order that they are specified.
185 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
186 apply the standards and requirements of:
187 (i) to the extent applicable, Section 20A-4-105; and
188 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
189 Voting Methods Pilot Project, Subsections 20A-4-603[
190 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
191 (b) (i) If there are more ballots in the ballot box than there are names entered in the
192 pollbook, the judges shall examine the official endorsements on the ballots.
193 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
194 official endorsement, the judges shall put those ballots in an excess ballot file and not count
195 them.
196 (c) (i) If, after examining the official endorsements, there are still more ballots in the
197 ballot box than there are names entered in the pollbook, the judges shall place the remaining
198 ballots back in the ballot box.
199 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
200 excess from the ballot box.
201 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
202 count them.
203 (d) When the ballots in the ballot box equal the number of names entered in the
204 pollbook, the judges shall count the votes.
205 (3) The judges shall:
206 (a) place all unused ballots in the envelope or container provided for return to the
207 county clerk or city recorder; and
208 (b) seal that envelope or container.
209 (4) The judges shall:
210 (a) place all of the provisional ballot envelopes in the envelope provided for them for
211 return to the election officer; and
212 (b) seal that envelope or container.
213 (5) (a) In counting the votes, the election judges shall read and count each ballot
214 separately.
215 (b) In regular primary elections the judges shall:
216 (i) count the number of ballots cast for each party;
217 (ii) place the ballots cast for each party in separate piles; and
218 (iii) count all the ballots for one party before beginning to count the ballots cast for
219 other parties.
220 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
221 Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
222 20A-4-101(2)(f)(i):
223 (i) count one vote for each candidate designated by the marks in the squares next to the
224 candidate's name;
225 (ii) count each vote for each write-in candidate who has qualified by filing a
226 declaration of candidacy under Section 20A-9-601;
227 (iii) read every name marked on the ballot and mark every name upon the tally sheets
228 before another ballot is counted;
229 (iv) evaluate each ballot and each vote based on the standards and requirements of
230 Section 20A-4-105;
231 (v) write the word "spoiled" on the back of each ballot that lacks the official
232 endorsement and deposit it in the spoiled ballot envelope; and
233 (vi) read, count, and record upon the tally sheets the votes that each candidate and
234 ballot proposition received from all ballots, except excess or spoiled ballots.
235 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
236 persons clearly not eligible to qualify for office.
237 (c) The judges shall certify to the accuracy and completeness of the tally list in the
238 space provided on the tally list.
239 (d) When the judges have counted all of the voted ballots, they shall record the results
240 on the total votes cast form.
241 (7) Only an election judge and a watcher may be present at the place where counting is
242 conducted until the count is completed.
243 Section 5. Section 20A-4-401 is amended to read:
244 20A-4-401. Recounts -- Procedure.
245 (1) (a) This section does not apply to [
246
247 Voting Methods Pilot Project.
248 (b) Except as provided in Subsection (1)(c), for a race between candidates, if the
249 difference between the number of votes cast for a winning candidate in the race and a losing
250 candidate in the race is equal to or less than .25% of the total number of votes cast for all
251 candidates in the race, that losing candidate may file a request for a recount in accordance with
252 Subsection (1)(d).
253 (c) For a race between candidates where the total of all votes cast in the race is 400 or
254 less, if the difference between the number of votes cast for a winning candidate in the race and
255 a losing candidate in the race is one vote, that losing candidate may file a request for a recount
256 in accordance with Subsection (1)(d).
257 (d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
258 file the request:
259 (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
260 three days after the canvass; or
261 (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
262 (A) the municipal clerk, if the election is a municipal general election;
263 (B) the local district clerk, if the election is a local district election;
264 (C) the county clerk, for races voted on entirely within a single county; or
265 (D) the lieutenant governor, for statewide races and multicounty races.
266 (e) The election officer shall:
267 (i) supervise the recount;
268 (ii) recount all ballots cast for that race;
269 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
270 Disposition of Ballots;
271 (iv) for a race where only one candidate may win, declare elected the candidate who
272 receives the highest number of votes on the recount; and
273 (v) for a race where multiple candidates may win, declare elected the applicable
274 number of candidates who receive the highest number of votes on the recount.
275 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
276 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
277 the total votes cast for or against the proposition, any 10 voters who voted in the election where
278 the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
279 days after the day of the canvass with the person described in Subsection (2)(c).
280 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
281 against the proposition is 400 or less, if the difference between the number of votes cast for the
282 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
283 voted in the election where the proposition was on the ballot may file a request for a recount
284 before 5 p.m. within seven days after the day of the canvass with the person described in
285 Subsection (2)(c).
286 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
287 file the request with:
288 (i) the municipal clerk, if the election is a municipal election;
289 (ii) the local district clerk, if the election is a local district election;
290 (iii) the county clerk, for propositions voted on entirely within a single county; or
291 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
292 (d) The election officer shall:
293 (i) supervise the recount;
294 (ii) recount all ballots cast for that ballot proposition or bond proposition;
295 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
296 Disposition of Ballots; and
297 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
298 based upon the results of the recount.
299 (e) Proponents and opponents of the ballot proposition or bond proposition may
300 designate representatives to witness the recount.
301 (f) The voters requesting the recount shall pay the costs of the recount.
302 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
303 person requesting the recount.
304 (4) (a) Upon completion of the recount, the election officer shall immediately convene
305 the board of canvassers.
306 (b) The board of canvassers shall:
307 (i) canvass the election returns for the race or proposition that was the subject of the
308 recount; and
309 (ii) with the assistance of the election officer, prepare and sign the report required by
310 Section 20A-4-304 or 20A-4-306.
311 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
312 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
313 governor as required by Subsection 20A-4-304 (7).
314 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
315 result of the race or proposition that is the subject of the recount.
316 Section 6. Section 20A-4-601 is amended to read:
317 20A-4-601. Definitions.
318 As used in this part:
319 (1) "Candidate amplifier" means the product of:
320 (a) two less than the total number of candidates in a given ballot-counting phase of a
321 multi-candidate race; and
322 (b) .02%.
323 (2) "First preference ranking" means the candidate selected as the candidate most
324 preferred by a voter, as indicated by:
325 (a) the number one; or
326 (b) if the voter does not assign the number one to any candidate, the number two.
327 (3) "Multi-candidate race" means a nonpartisan municipal race where:
328 (a) for the election of at-large officers, the number of candidates who qualify for the
329 race exceeds the total number of seats to be filled; or
330 (b) for the election of an officer other than an at-large officer, more than two
331 candidates qualify to run for one office.
332 (4) "Participating municipality" means a municipality that is participating in the pilot
333 project, in accordance with Subsection 20A-4-602(3).
334 (5) "Pilot project" means the Municipal Alternate Voting Methods Pilot Project created
335 in Section 20A-4-602.
336 (6) "Recount threshold" means the sum of the candidate amplifier and the following:
337 (a) for a ballot-counting phase in which fewer than 100 valid rankings are counted,
338 0.21%;
339 (b) for a ballot-counting phase in which at least 100, but fewer than 500, valid rankings
340 are counted, 0.19%;
341 (c) for a ballot-counting phase in which at least 500, but fewer than 1,000, valid
342 rankings are counted, 0.17%;
343 (d) for a ballot-counting phase in which at least 1,000, but fewer than 5,000, valid
344 rankings are counted, 0.15%;
345 (e) for a ballot-counting phase in which at least 5,000, but fewer than 10,000, valid
346 rankings are counted, 0.13%; and
347 (f) for a ballot-counting phase in which 10,000 or more valid rankings are counted,
348 0.11%.
349 (7) "Valid" means that the ballot is marked in a manner that permits the ranking to be
350 counted during the applicable ballot-counting phase.
351 (8) "Voting method" means:
352 (a) the instant runoff voting method described in Sections 20A-4-603 and 20A-4-604;
353 or
354 (b) the approval voting method described in Section 20A-4-605.
355 Section 7. Section 20A-4-602 is amended to read:
356 20A-4-602. Municipal Alternate Voting Methods Pilot Project -- Creation --
357 Participation.
358 (1) There is created the Municipal Alternate Voting Methods Pilot Project.
359 (2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
360 (3) (a) A municipality may participate in the pilot project, in accordance with the
361 requirements of this section and all other applicable provisions of law, during any
362 odd-numbered year that the pilot project is in effect, if, before May 1 of the odd-numbered
363 year, the legislative body of the municipality:
364 (i) votes to participate; and
365 (ii) provides written notice to the lieutenant governor and the county clerk:
366 (A) stating that the municipality intends to participate in the pilot project for the year
367 specified in the notice[
368 (B) specifying the voting method that the municipality will use.
369 (b) The legislative body of a municipality that provides the notice of intent described in
370 Subsection (3)(a) may:
371 (i) withdraw the notice of intent, and not participate in the pilot project, if the
372 legislative body of the municipality provides written notice of withdrawal to the lieutenant
373 governor and the county clerk before May 1[
374 (ii) change the voting method specified under Subsection (3)(a)(ii)(B) to another voting
375 method, if the municipality provides written notice of the change to the lieutenant governor and
376 the county clerk before May 1.
377 (4) The lieutenant governor shall maintain, in a prominent place on the lieutenant
378 governor's website, a current list of the municipalities that are participating in the pilot project.
379 (5) (a) An election officer of a participating municipality shall, in accordance with the
380 provisions of this part, conduct a multi-candidate race during the municipal general election
381 using [
382 Subsection (3).
383 (b) Except as provided in Subsection 20A-4-603[
384 officer of a participating municipality that will conduct a multi-candidate race under
385 Subsection (5)(a) may not conduct a municipal primary election relating to that race.
386 (c) A municipality that has in effect an ordinance described in Subsection
387 20A-9-404(3) or (4) may not participate in the pilot project.
388 (6) Except for an election described in Subsection 20A-4-603[
389 20A-4-605(6), an individual who files a declaration of candidacy or a nomination petition, for a
390 candidate who will run in an election described in this part, shall file the declaration of
391 candidacy or nomination petition during the office hours described in Section 10-3-301 and not
392 later than the close of those office hours, no sooner than the second Tuesday in August and no
393 later than the third Tuesday in August of an odd-numbered year.
394 Section 8. Section 20A-4-603 is amended to read:
395 20A-4-603. Instant runoff voting.
396 (1) This section applies to a participating municipality that, under Subsection
397 20A-4-602(3), specifies the candidate elimination voting method as the voting method that the
398 municipality will use.
399 [
400 shall:
401 (a) (i) conduct the first ballot-counting phase by counting the valid first preference
402 rankings for each candidate; and
403 (ii) if one of the candidates receives more than 50% of the valid first preference
404 rankings counted, declare that candidate elected;
405 (b) if, after counting the valid first preference rankings for each candidate, no candidate
406 receives more than 50% of the valid first preference rankings counted, conduct the second
407 ballot-counting phase by:
408 (i) excluding from the multi-candidate race:
409 (A) the candidate who received the fewest valid first preference rankings counted; or
410 (B) in the event of a tie for the fewest valid first preference rankings counted, one of
411 the tied candidates, determined by the election officer by lot, in accordance with Subsection
412 [
413 (ii) adding, to the valid first preference rankings counted for the remaining candidates,
414 the next valid preference rankings cast for the remaining candidates by the voters who cast a
415 valid first preference ranking for the excluded candidate; and
416 (iii) if, after adding the rankings in accordance with Subsection [
417 candidate receives more than 50% of the valid rankings counted, declaring that candidate
418 elected; and
419 (c) if, after adding the next valid preference rankings in accordance with Subsection
420 [
421 subsequent ballot-counting phases by continuing the process described in Subsection [
422 (2)(b) until a candidate receives more than 50% of the valid rankings counted, as follows:
423 (i) excluding from consideration the candidate who has the fewest valid rankings
424 counted or, in the event of a tie for the fewest valid rankings counted, excluding one of the tied
425 candidates, by lot, in accordance with Subsection [
426 (ii) adding the next valid preference ranking cast by each voter whose ranking was
427 counted for the last excluded candidate to one of the remaining candidates, in the order of the
428 next preference indicated by the voter.
429 [
430 than 50% of the valid rankings counted under the process described in Subsection [
431 [
432 race if:
433 (a) the voter indicates the voter's preference for that ballot-counting phase and all
434 previous ballot-counting phases; or
435 (b) in the event that the voter skips a number in filling out the rankings on a ballot:
436 (i) the voter clearly indicates an order of preference for the candidates;
437 (ii) the voter does not skip two or more consecutive numbers at any point before the
438 preference ranking that would otherwise be counted for the current ballot-counting phase;
439 (iii) the candidate next preferred by the voter is clearly indicated by a subsequent
440 number that most closely follows the number assigned by the voter for the previously-ranked
441 candidate; and
442 (iv) the voter did not give the same rank to more than one candidate for the applicable
443 ballot-counting phase or a previous ballot-counting phase.
444 [
445 multi-candidate race, and for all subsequent ballot-counting phases, if:
446 (a) the voter indicates the same rank for more than one candidate for that
447 ballot-counting phase; or
448 (b) the voter skips two or more consecutive numbers before ranking another candidate.
449 [
450 from the race, the next-ranked candidate who has not withdrawn from the race will be counted
451 for that ballot-counting phase.
452 [
453 tie as having received the fewest valid rankings counted at that point in the ballot count, the
454 election officer shall eliminate one of those candidates from consideration, by lot, in the
455 following manner:
456 (a) determine the names of the candidates who tie as having received the fewest valid
457 rankings for that ballot-counting phase;
458 (b) cast the lot in the presence of at least two election officials and any counting poll
459 watchers who are present and desire to witness the casting of the lot; and
460 (c) sign a public document that:
461 (i) certifies the method used for casting the lot and the result of the lot; and
462 (ii) includes the name of each individual who witnessed the casting of the lot.
463 [
464 candidates who qualify for the race exceeds the total number of at-large seats to be filled for
465 the office, the election officer shall count the rankings by:
466 (a) except as provided in Subsection [
467 described in Subsections [
468 (b) repeating the process described in Subsection [
469 not declared elected until another candidate is declared elected; and
470 (c) continuing the process described in Subsection [
471 the race are filled.
472 [
473 officer shall, in repeating the process described in Subsections [
474 declare the next candidate elected, add to the ranking totals the next valid preference vote of
475 each voter whose ranking was counted for a candidate already declared elected.
476 [
477 primary election by using instant runoff voting in the manner described in Subsections [
478 through [
479 (a) instead of determining whether a candidate receives more than 50% of the valid
480 preference rankings for a particular ballot-counting phase, the election officer shall proceed to a
481 subsequent ballot-counting stage, and exclude the candidate who receives the fewest valid
482 preference rankings in that phase, until twice the number of seats to be filled in the race
483 remain; and
484 (b) after complying with Subsection [
485 remaining candidates nominated to participate in the municipal general election.
486 [
487 election officer shall order a full recount of the ballots cast for that race if, in one or more of the
488 ballot-counting phases:
489 (a) the difference between the number of rankings counted for a candidate who is
490 declared elected and the number of rankings counted for any other candidate in the same
491 ballot-counting phase is equal to or less than the product of the following, rounded up to the
492 nearest whole number:
493 (i) the total number of voters who cast a valid ranking counted in that ballot-counting
494 phase; and
495 (ii) the recount threshold; or
496 (b) the difference between the number of rankings counted for the candidate who
497 received the fewest valid rankings in a ballot-counting phase and the number of rankings
498 counted for any other candidate in the same ballot-counting phase is equal to or less than the
499 product of the following, rounded up to the nearest whole number:
500 (i) the total number of voters who cast a valid ranking counted in that ballot-counting
501 phase; and
502 (ii) the recount threshold.
503 [
504 (a) requires rescanning and tabulating all valid ballots; and
505 (b) provides for only one recount.
506 [
507 extend the canvass deadline by up to seven additional days, if necessary, to conduct a recount
508 required under Subsection [
509 Section 9. Section 20A-4-605 is enacted to read:
510 20A-4-605. Approval voting method.
511 (1) This section applies to a participating municipality that, under Subsection
512 20A-4-602(3), specifies the approval voting method as the voting method that the municipality
513 will use.
514 (2) In a multi-candidate race, the election officer shall:
515 (a) for each candidate, calculate the number of valid ballots on which the candidate is
516 marked as approved; and
517 (b) subject to Subsection (3), declare elected the candidate who receives the highest
518 number of approvals.
519 (3) The election officer shall order a recount of the valid ballots if the difference
520 between the candidate who receives the highest number of approvals and any other candidate in
521 the race is equal to or less than the product of the following, rounded up to the nearest whole
522 number:
523 (a) the combined number of approvals for the two candidates; and
524 (b) the recount threshold.
525 (4) If, after complying with Subsection (3), two or more candidates tie with the highest
526 number of approvals, the election officer shall:
527 (a) break the tie by lot, cast or drawn in the presence of at least two election officials
528 and any counting poll watchers who are present and desire to witness the casting or drawing of
529 the lot; and
530 (b) sign a public document that:
531 (i) certifies the method used for casting or drawing the lot and the result of the lot; and
532 (ii) includes the name of each individual who witnessed the casting or drawing of the
533 lot.
534 (5) In a multi-candidate race for an at-large office, the election officer shall:
535 (a) for each candidate, calculate the number of valid ballots on which the candidate is
536 marked as approved;
537 (b) subject to Subsection (5)(c), declare elected the number of candidates, equal to the
538 number of positions to be filled, who receive the highest number of approvals;
539 (c) order a recount of the valid ballots if the difference between the number of
540 approvals received by the candidate to be declared elected with the fewest number of approvals
541 and any candidate with fewer approvals is equal to or less than the product of the following
542 rounded up to the nearest whole number:
543 (i) the combined number of approvals for the two candidates; and
544 (ii) the recount threshold; and
545 (d) break a tie, if necessary, in accordance with Subsection (4).
546 (6) An election officer for a participating municipality may choose to conduct a
547 primary election by using the approval voting method described in Subsections (1) through (4),
548 except that, after complying with Subsections (3) and (4), if applicable, the election officer
549 shall declare the top two candidates nominated to participate in the general election.
550 Section 10. Section 20A-6-203.5 is amended to read:
551 20A-6-203.5. Alternate voting methods ballot.
552 If, in an election, at least one of the races is conducted by [
553
554 Methods Pilot Project, the portion of the ballot relating to that race shall:
555 (1) for a race conducted using the instant runoff voting method described in Sections
556 20A-4-603 and 20A-4-604:
557 [
558 race;
559 [
560 voter's vote in order of preference for each candidate, as described in [
561 Part 6, Municipal Alternate Voting Methods Pilot Project; and
562 [
563 the voter's ordered preference for the write-in candidate[
564 (2) for a race conducted using the approval voting method described in Section
565 20A-4-605:
566 (a) list each candidate who qualifies to be placed on the election ballot for that race;
567 (b) opposite each candidate's name, include a place where a voter can indicate the
568 voter's approval of each candidate, as described in Chapter 4, Part 6, Municipal Alternate
569 Voting Methods Pilot Project; and
570 (c) provide the ability for a voter to enter a write-in candidate's name and indicate the
571 voter's approval of the write-in candidate.
572 Section 11. Section 20A-6-402 is amended to read:
573 20A-6-402. Ballots for municipal general elections.
574 (1) Except as otherwise required for a race conducted by [
575
576 Methods Pilot Project, for a manual ballot at a municipal general election, an election officer
577 shall ensure that:
578 (a) the names of the two candidates who received the highest number of votes for
579 mayor in the municipal primary are placed upon the ballot;
580 (b) if no municipal primary election was held, the names of the candidates who filed
581 declarations of candidacy for municipal offices are placed upon the ballot;
582 (c) for other offices:
583 (i) twice the number of candidates as there are positions to be filled are certified as
584 eligible for election in the municipal general election from those candidates who received the
585 greater number of votes in the primary election; and
586 (ii) the names of those candidates are placed upon the municipal general election
587 ballot;
588 (d) the names of the candidates are placed on the ballot in the order specified under
589 Section 20A-6-305;
590 (e) in an election in which a voter is authorized to cast a write-in vote and where a
591 write-in candidate is qualified under Section 20A-9-601, a write-in area is placed upon the
592 ballot that contains, for each office in which there is a qualified write-in candidate:
593 (i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
594 (ii) a square or other conforming area that is adjacent to or opposite the blank
595 horizontal line to enable the voter to indicate the voter's vote;
596 (f) ballot propositions that have qualified for the ballot, including propositions
597 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
598 listed on the ballot in accordance with Section 20A-6-107; and
599 (g) bond propositions that have qualified for the ballot are listed on the ballot under the
600 title assigned to each bond proposition under Section 11-14-206.
601 (2) Except as otherwise required for a race conducted by [
602
603 Methods Pilot Project, when using a mechanical ballot at municipal general elections, each
604 election officer shall ensure that:
605 (a) the following endorsements are displayed on the first portion of the ballot:
606 (i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
607 (ii) the date of the election; and
608 (iii) a facsimile of the signature of the election officer and the election officer's title;
609 (b) immediately below the election officer's title, a distinct border or line separates the
610 endorsements from the rest of the ballot;
611 (c) immediately below the border or line, an "Instructions to Voters" section is
612 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
613 the candidate(s) for each respective office." followed by another border or line;
614 (d) after the border or line, the designation of the office for which the candidates seek
615 election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
616 candidates for which the voter may vote)" are displayed, followed by a line or border;
617 (e) after the line or border, the names of the candidates are displayed in the order
618 specified under Section 20A-6-305 with surnames last and grouped according to the office that
619 they seek;
620 (f) a voting square or position is located adjacent to the name of each candidate;
621 (g) following the name of the last candidate for each office in which a write-in
622 candidate is qualified under Section 20A-9-601, the ballot contains a write-in space where the
623 voter may enter the name of and vote for a valid write-in candidate for the office; and
624 (h) the candidate groups are separated from each other by a line or border.
625 (3) When a municipality has chosen to nominate candidates by convention or
626 committee, the election officer shall ensure that the party name is included with the candidate's
627 name on the ballot.