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7 LONG TITLE
8 General Description:
9 This bill modifies the Municipal Alternate Voting Methods Pilot Project.
10 Highlighted Provisions:
11 This bill:
12 ▸ subject to certain exceptions, authorizes a municipality to conduct an election using
13 instant runoff voting during the municipal primary election and the municipal
14 general election; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-4-101, as last amended by Laws of Utah 2022, Chapter 342
23 20A-4-102, as last amended by Laws of Utah 2023, Chapters 156, 297
24 20A-4-601, as last amended by Laws of Utah 2022, Chapter 342
25 20A-4-602, as last amended by Laws of Utah 2022, Chapter 170
26 20A-4-603, as last amended by Laws of Utah 2022, Chapter 342
27 ENACTS:
28 20A-4-603.1, Utah Code Annotated 1953
29 20A-4-603.2, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-4-101 is amended to read:
33 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
34 polling place on day of election before polls close.
35 (1) Each county legislative body, municipal legislative body, and each poll worker
36 shall comply with the requirements of this section when counting manual ballots on the day of
37 an election, if:
38 (a) the ballots are cast at a polling place; and
39 (b) the ballots are counted at the polling place before the polls close.
40 (2) (a) Each county legislative body or municipal legislative body shall provide:
41 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
42 judges have been appointed; and
43 (ii) a counting room for the use of the poll workers counting the ballots during the day.
44 (b) At any election in any voting precinct in which both receiving and counting judges
45 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
46 (i) close the first ballot box and deliver it to the counting judges; and
47 (ii) prepare and use another ballot box to receive voted ballots.
48 (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
49 judges shall:
50 (i) take the ballot box to the counting room;
51 (ii) count the votes on the regular ballots in the ballot box;
52 (iii) place the provisional ballot envelopes in the envelope or container provided for
53 them for return to the election officer; and
54 (iv) when they have finished counting the votes in the ballot box, return the emptied
55 box to the receiving judges.
56 (d) (i) During the course of election day, whenever there are at least 20 ballots
57 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
58 judges for counting; and
59 (ii) the counting judges shall immediately count the regular ballots and segregate the
60 provisional ballots contained in that box.
61 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
62 until the polls close.
63 (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
64 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
65 describing the procedures that a counting judge is required to follow for counting ballots in an
66 instant runoff voting race under Part 6, Municipal Alternate Voting Methods Pilot Project.
67 (ii) When counting ballots in an instant runoff voting race described in Part 6,
68 Municipal Alternate Voting Methods Pilot Project, a counting judge shall comply with the
69 procedures established under Subsection (2)(f)(i) and Part 6, Municipal Alternate Voting
70 Methods Pilot Project.
71 (3) To resolve questions that arise during the counting of ballots, a counting judge shall
72 apply the standards and requirements of:
73 (a) to the extent applicable, Section 20A-4-105; and
74 (b) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
75 Voting Methods Pilot Project, Subsections [
76 (6).
77 Section 2. Section 20A-4-102 is amended to read:
78 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
79 polling place on day of election after polls close.
80 (1) (a) This section governs counting manual ballots on the day of an election, if:
81 (i) the ballots are cast at a polling place; and
82 (ii) the ballots are counted at the polling place after the polls close.
83 (b) Except as provided in Subsection (2) or a rule made under Subsection
84 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
85 the election judges shall count the ballots by performing the tasks specified in this section in
86 the order that they are specified.
87 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
88 apply the standards and requirements of:
89 (i) to the extent applicable, Section 20A-4-105; and
90 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
91 Voting Methods Pilot Project, Subsections [
92 (6).
93 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
94 (b) (i) If there are more ballots in the ballot box than there are names entered in the
95 pollbook, the judges shall examine the official endorsements on the ballots.
96 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
97 official endorsement, the judges shall put those ballots in an excess ballot file and not count
98 them.
99 (c) (i) If, after examining the official endorsements, there are still more ballots in the
100 ballot box than there are names entered in the pollbook, the judges shall place the remaining
101 ballots back in the ballot box.
102 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
103 excess from the ballot box.
104 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
105 count them.
106 (d) When the ballots in the ballot box equal the number of names entered in the
107 pollbook, the judges shall count the votes.
108 (3) The judges shall:
109 (a) place all unused ballots in the envelope or container provided for return to the
110 county clerk or city recorder; and
111 (b) seal that envelope or container.
112 (4) The judges shall:
113 (a) place all of the provisional ballot envelopes in the envelope provided for them for
114 return to the election officer; and
115 (b) seal that envelope or container.
116 (5) (a) In counting the votes, the election judges shall read and count each ballot
117 separately.
118 (b) In regular primary elections the judges shall:
119 (i) count the number of ballots cast for each party;
120 (ii) place the ballots cast for each party in separate piles; and
121 (iii) count all the ballots for one party before beginning to count the ballots cast for
122 other parties.
123 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
124 Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
125 20A-4-101(2)(f)(i):
126 (i) count one vote for each candidate designated by the marks in the squares next to the
127 candidate's name;
128 (ii) count each vote for each write-in candidate who has qualified by filing a
129 declaration of candidacy under Section 20A-9-601;
130 (iii) read every name marked on the ballot and mark every name upon the tally sheets
131 before another ballot is counted;
132 (iv) evaluate each ballot and each vote based on the standards and requirements of
133 Section 20A-4-105;
134 (v) write the word "spoiled" on the back of each ballot that lacks the official
135 endorsement and deposit it in the spoiled ballot envelope; and
136 (vi) read, count, and record upon the tally sheets the votes that each candidate and
137 ballot proposition received from all ballots, except excess or spoiled ballots.
138 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
139 persons clearly not eligible to qualify for office.
140 (c) The judges shall certify to the accuracy and completeness of the tally list in the
141 space provided on the tally list.
142 (d) When the judges have counted all of the voted ballots, they shall record the results
143 on the total votes cast form.
144 (7) (a) Except as provided in Subsection (7)(b), only an election judge and a watcher
145 may be present at the place where counting is conducted until the count is completed.
146 (b) (i) An auditor conducting an audit described in Section 36-12-15.2 may be present
147 at the place where counting is conducted, regardless of whether the count is completed.
148 (ii) The lieutenant governor may be present at the place where counting is conducted,
149 regardless of whether the count is completed.
150 Section 3. Section 20A-4-601 is amended to read:
151 20A-4-601. Definitions.
152 As used in this part:
153 (1) "Candidate amplifier" means the product of:
154 (a) two less than the total number of candidates in a given ballot-counting phase of a
155 multi-candidate race; and
156 (b) .02%.
157 (2) "First preference ranking" means the candidate selected as the candidate most
158 preferred by a voter, as indicated by:
159 (a) the number one; or
160 (b) if the voter does not assign the number one to any candidate, the number two.
161 (3) "Multi-candidate race" means a nonpartisan municipal race where:
162 (a) for the election of at-large officers, the number of candidates who qualify for the
163 race:
164 (i) exceeds the total number of seats to be filled; or
165 (ii) is at least three times the total number of seats to be filled, if the race is a municipal
166 primary race conducted under Section 20A-4-603.2; or
167 (b) for the election of an officer other than an at-large officer[
168 (i) more than two candidates qualify to run for [
169 (ii) at least four candidates qualify to run for a single office, if the race is a municipal
170 primary race conducted under Section 20A-4-603.2.
171 (4) "Participating municipality" means a municipality that is participating in the pilot
172 project, in accordance with Subsection 20A-4-602(3).
173 (5) "Pilot project" means the Municipal Alternate Voting Methods Pilot Project created
174 in Section 20A-4-602.
175 (6) "Recount threshold" means the sum of the candidate amplifier and the following:
176 (a) for a ballot-counting phase in which fewer than 100 valid rankings are counted,
177 0.21%;
178 (b) for a ballot-counting phase in which at least 100, but fewer than 500, valid rankings
179 are counted, 0.19%;
180 (c) for a ballot-counting phase in which at least 500, but fewer than 1,000, valid
181 rankings are counted, 0.17%;
182 (d) for a ballot-counting phase in which at least 1,000, but fewer than 5,000, valid
183 rankings are counted, 0.15%;
184 (e) for a ballot-counting phase in which at least 5,000, but fewer than 10,000, valid
185 rankings are counted, 0.13%; and
186 (f) for a ballot-counting phase in which 10,000 or more valid rankings are counted,
187 0.11%.
188 (7) "Valid" means that the ballot is marked in a manner that permits the ranking to be
189 counted during the applicable ballot-counting phase.
190 Section 4. Section 20A-4-602 is amended to read:
191 20A-4-602. Municipal Alternate Voting Methods Pilot Project -- Creation --
192 Participation.
193 (1) There is created the Municipal Alternate Voting Methods Pilot Project.
194 (2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
195 (3) (a) A municipality may participate in the pilot project, in accordance with the
196 requirements of this section and all other applicable provisions of law, during any
197 odd-numbered year that the pilot project is in effect, if, before May 1 of the odd-numbered
198 year, the legislative body of the municipality:
199 (i) votes to participate; and
200 (ii) provides written notice to the lieutenant governor and the county clerk:
201 (A) stating that the municipality intends to participate in the pilot project for the year
202 specified in the notice[
203 (B) specifying the elections for which the municipality intends to use instant runoff
204 voting.
205 (b) The legislative body of a municipality that provides the notice of intent described in
206 Subsection (3)(a) may withdraw the notice of intent, and not participate in the pilot project, if
207 the legislative body of the municipality provides written notice of withdrawal to the lieutenant
208 governor and the county clerk before May 1.
209 (4) The lieutenant governor shall maintain, in a prominent place on the lieutenant
210 governor's website, a current list of the municipalities that are participating in the pilot project.
211 (5) (a) An election officer of a participating municipality shall, in accordance with the
212 provisions of this part and the specification made under Subsection (3)(a)(ii)(B), conduct a
213 multi-candidate race [
214 instant runoff voting:
215 (i) during only the municipal general election;
216 (ii) during only the municipal primary election; or
217 (iii) subject to Subsection 20A-4-603.2(5), during the municipal primary election and
218 the municipal general election.
219 (b) [
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222 participating municipality that will conduct a multi-candidate race:
223 (i) described in Subsection (5)(a)(i), may not conduct a municipal primary election
224 relating to that race; or
225 (ii) described in Subsection (5)(a)(ii), may not conduct a municipal general election
226 relating to that race using instant runoff voting.
227 (c) A municipality that has in effect an ordinance described in Subsection
228 20A-9-404(3) or (4) may not participate in the pilot project.
229 (6) [
230 who files a declaration of candidacy or a nomination petition, for a candidate who will run in
231 an election described in this part, shall file the declaration of candidacy or nomination petition
232 during the office hours described in Section 10-3-301 and not later than the close of those
233 office hours[
234 (a) no sooner than the second Tuesday in August and no later than the third Tuesday in
235 August of an odd-numbered year[
236 described in Subsection (5)(a)(i);
237 (b) no sooner than June 1 and no later than June 7 of an odd-numbered year, for a
238 municipality that will conduct a multi-candidate race described in Subsection (5)(a)(ii); or
239 (c) except as provided in Subsection 20A-4-603.2(5)(b)(ii), no sooner than June 1 and
240 no later than June 7 of an odd-numbered year, for a municipality that will conduct a
241 multi-candidate race described in Subsection (5)(a)(iii).
242 Section 5. Section 20A-4-603 is amended to read:
243 20A-4-603. Instant runoff voting -- Municipal general election.
244 (1) This section applies to a municipality using instant runoff voting only for the
245 municipal general election.
246 [
247 officer for a participating municipality shall:
248 (a) (i) conduct the first ballot-counting phase by counting the valid first preference
249 rankings for each candidate; and
250 (ii) if one of the candidates receives more than 50% of the valid first preference
251 rankings counted, declare that candidate elected;
252 (b) if, after counting the valid first preference rankings for each candidate, no candidate
253 receives more than 50% of the valid first preference rankings counted, conduct the second
254 ballot-counting phase by:
255 (i) excluding from the multi-candidate race:
256 (A) the candidate who received the fewest valid first preference rankings counted; or
257 (B) in the event of a tie for the fewest valid first preference rankings counted, one of
258 the tied candidates, determined by the election officer by lot, in accordance with Subsection
259 [
260 (ii) adding, to the valid first preference rankings counted for the remaining candidates,
261 the next valid preference rankings cast for the remaining candidates by the voters who cast a
262 valid first preference ranking for the excluded candidate; and
263 (iii) if, after adding the rankings in accordance with Subsection [
264 one candidate receives more than 50% of the valid rankings counted, declaring that candidate
265 elected; and
266 (c) if, after adding the next valid preference rankings in accordance with Subsection
267 [
268 conduct subsequent ballot-counting phases by continuing the process described in Subsection
269 [
270 follows:
271 (i) excluding from consideration the candidate who has the fewest valid rankings
272 counted or, in the event of a tie for the fewest valid rankings counted, excluding one of the tied
273 candidates, by lot, in accordance with Subsection [
274 (ii) adding the next valid preference ranking cast by each voter whose ranking was
275 counted for the last excluded candidate to one of the remaining candidates, in the order of the
276 next preference indicated by the voter.
277 [
278 than 50% of the valid rankings counted under the process described in Subsection [
279 [
280 race if:
281 (a) the voter indicates the voter's preference for that ballot-counting phase and all
282 previous ballot-counting phases; or
283 (b) in the event that the voter skips a number in filling out the rankings on a ballot:
284 (i) the voter clearly indicates an order of preference for the candidates;
285 (ii) the voter does not skip two or more consecutive numbers at any point before the
286 preference ranking that would otherwise be counted for the current ballot-counting phase;
287 (iii) the candidate next preferred by the voter is clearly indicated by a subsequent
288 number that most closely follows the number assigned by the voter for the previously-ranked
289 candidate; and
290 (iv) the voter did not give the same rank to more than one candidate for the applicable
291 ballot-counting phase or a previous ballot-counting phase.
292 [
293 multi-candidate race, and for all subsequent ballot-counting phases, if:
294 (a) the voter indicates the same rank for more than one candidate for that
295 ballot-counting phase; or
296 (b) the voter skips two or more consecutive numbers before ranking another candidate.
297 [
298 from the race, the next-ranked candidate who has not withdrawn from the race will be counted
299 for that ballot-counting phase.
300 [
301 tie as having received the fewest valid rankings counted at that point in the ballot count, the
302 election officer shall eliminate one of those candidates from consideration, by lot, in the
303 following manner:
304 (a) determine the names of the candidates who tie as having received the fewest valid
305 rankings for that ballot-counting phase;
306 (b) cast the lot in the presence of at least two election officials and any counting poll
307 watchers who are present and desire to witness the casting of the lot; and
308 (c) sign a public document that:
309 (i) certifies the method used for casting the lot and the result of the lot; and
310 (ii) includes the name of each individual who witnessed the casting of the lot.
311 [
312 candidates who qualify for the race exceeds the total number of at-large seats to be filled for
313 the office, the election officer shall count the rankings by:
314 (a) except as provided in Subsection [
315 described in Subsections [
316 (b) repeating the process described in Subsection [
317 are not declared elected until another candidate is declared elected; and
318 (c) continuing the process described in Subsection [
319 in the race are filled.
320 [
321 officer shall, in repeating the process described in Subsections [
322 declare the next candidate elected, add to the ranking totals the next valid preference vote of
323 each voter whose ranking was counted for a candidate already declared elected.
324 [
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334 (10) After completing all ballot-counting phases in a multi-candidate race, the election
335 officer shall order a full recount of the ballots cast for that race if, in one or more of the
336 ballot-counting phases:
337 (a) the difference between the number of rankings counted for a candidate who is
338 declared elected and the number of rankings counted for any other candidate in the same
339 ballot-counting phase is equal to or less than the product of the following, rounded up to the
340 nearest whole number:
341 (i) the total number of voters who cast a valid ranking counted in that ballot-counting
342 phase; and
343 (ii) the recount threshold; or
344 (b) the difference between the number of rankings counted for the candidate who
345 received the fewest valid rankings in a ballot-counting phase and the number of rankings
346 counted for any other candidate in the same ballot-counting phase is equal to or less than the
347 product of the following, rounded up to the nearest whole number:
348 (i) the total number of voters who cast a valid ranking counted in that ballot-counting
349 phase; and
350 (ii) the recount threshold.
351 (11) A recount described in Subsection (10):
352 (a) requires rescanning and tabulating all valid ballots; and
353 (b) provides for only one recount.
354 (12) Notwithstanding Section 20A-4-301, a board of municipal canvassers may extend
355 the canvass deadline by up to seven additional days, if necessary, to conduct a recount required
356 under Subsection (10).
357 Section 6. Section 20A-4-603.1 is enacted to read:
358 20A-4-603.1. Instant runoff voting -- Municipal primary election.
359 (1) This section applies to a municipality using instant runoff voting only for the
360 municipal primary election.
361 (2) In a multi-candidate race for the municipal primary election, the election officer
362 shall conduct the election using instant runoff voting in the manner described in Subsections
363 20A-4-603(2) through (7), except that:
364 (a) instead of determining whether a candidate receives more than 50% of the valid
365 preference rankings for a particular ballot-counting phase, the election officer shall proceed to a
366 subsequent ballot-counting stage, and exclude the candidate who receives the fewest valid
367 preference rankings in that phase, until twice the number of candidates as there are seats to be
368 filled remain in the race; and
369 (b) after complying with Subsection (2)(a), the election officer shall declare the
370 remaining candidates nominated to participate in the municipal general election.
371 (3) A municipality using instant runoff voting under this section shall, during the
372 municipal general election, count ballots in accordance with Section 20A-1-303.
373 (4) The requirements described in Subsections 20A-4-603(10) through (12) apply to an
374 election conducted under this section.
375 Section 7. Section 20A-4-603.2 is enacted to read:
376 20A-4-603.2. Instant runoff voting -- Municipal primary and municipal general
377 election.
378 (1) This section applies to a municipality using instant runoff voting for the municipal
379 primary election and the municipal general election.
380 (2) Subject to Subsection (5), a municipality may use instant runoff voting for the
381 municipal primary election and the municipal general election if:
382 (a) in a multi-candidate race for a single office, at least four candidates file a
383 declaration of candidacy or nomination petition to participate in the municipal primary
384 election; or
385 (b) in a multi-candidate race for an at-large office, at least three times the number of
386 candidates as there are seats to be filled file a declaration of candidacy or a nomination petition
387 to participate in the municipal primary election.
388 (3) For the municipal primary election, the election officer shall conduct the election
389 using instant runoff voting in the manner described in Subsections 20A-4-603(2) through (7),
390 except that:
391 (a) instead of determining whether a candidate receives more than 50% of the valid
392 preference rankings for a particular ballot-counting phase, the election officer shall proceed to a
393 subsequent ballot-counting stage, and exclude the candidate who receives the fewest valid
394 preference rankings in that phase, until:
395 (i) in a race for a single office, only three candidates remain; or
396 (ii) in a race for an at-large office, the number of candidates remaining in the race are
397 equal to twice the number of seats to be filled, plus one; and
398 (b) after complying with Subsection (3)(a), the election officer shall declare the
399 remaining candidates nominated to participate in the municipal general election.
400 (4) For the municipal general election, the election officer shall conduct the election
401 using instant runoff voting in the manner described in:
402 (a) if the race is for a single office, Subsections 20A-4-603(2) through (7); or
403 (b) if the race is for an at-large office, Subsections 20A-4-603(8) and (9).
404 (5) If, after the deadline described in Subsection 20A-4-602(6)(c), the number of
405 candidates who filed a declaration of candidacy or nomination petition to participate in a
406 municipal primary election race does not equal or exceed the required number of candidates to
407 conduct a municipal primary election under Subsection (2)(a) or (b), the municipality, as it
408 relates to that race:
409 (a) may not conduct the municipal primary election;
410 (b) beginning on June 8 of the odd-numbered year and ending on the date of the
411 deadline described in Section 20A-4-602(6)(a):
412 (i) shall post a notice on the municipality's website indicating that the municipal
413 primary election will not be held for that race; and
414 (ii) shall permit an individual to file a declaration of candidacy or nomination petition
415 to become a candidate for that race in the municipal general election; and
416 (c) shall conduct a municipal general election in accordance with Subsection (4).
417 (6) The requirements described in Subsections 20A-4-603(10) through (12) apply to an
418 election conducted under this section.
419 Section 8. Effective date.
420 This bill takes effect on May 1, 2024.