Enrolled Copy H.B. 515
1 ELECTION ADMINISTRATION MODIFICATIONS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen M. Peterson Senate Sponsor: David G. Buxton
2
3 LONG TITLE
4 General Description:
5 This bill modifies provisions related to recounts and tie votes in elections.
6 Highlighted Provisions:
7 This bill:
8 ▸ requires an election officer to automatically conduct a recount if the board of canvassers
9 certifies a tie vote;
10 ▸ consolidates provisions related to tie votes in an election;
11 ▸ provides that the selection of a winning candidate by lot occurs when, following the
12 automatic recount described above, the board of canvassers certifies a tie vote;
13 ▸ provides that the public meeting at which certain elected officials select the winning
14 candidate among the candidates subject to a tie vote must occur no later than three days after
15 the recount canvass;
16 ▸ allows, but does not require, certain candidates subject to a tie vote to attend the public
17 meeting described above;
18 ▸ clarifies that the political subdivision administering an election shall pay for the cost of a
19 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27 20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
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28 20A-4-304, as last amended by Laws of Utah 2023, Chapters 15, 297 and 435
29 20A-4-306, as last amended by Laws of Utah 2022, Chapter 18
30 20A-4-401, as last amended by Laws of Utah 2023, Chapter 15
31 20A-9-403, as last amended by Laws of Utah 2023, Chapter 116
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 20A-1-304 is amended to read:
35 20A-1-304 . Tie votes.
36 [Except for a race conducted by instant runoff voting under Title 20A, Chapter 4,
37 Part 6, Municipal Alternate Voting Methods Pilot Project, if two or more candidates for a
38 position have an equal and the highest number of votes for any office, the election officer
39 shall, in a public meeting held within 30 days after the day on which the canvass is completed,
40 determine the candidate selected, by lot, in the presence of each candidate subject to the tie.]
41 (1) This section does not apply to a race conducted by instant runoff voting under Chapter
42 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
43 (2) Except as provided in Subsection (3), if, after conducting a recount under Subsection
44 20A-4-401(5), a tie vote occurs, the election officer shall, in a public meeting held no
45 later than three days after the day on which the recount canvass is completed:
46 (a) determine the winning candidate, by lot, in whatever manner the election officer
47 determines; and
48 (b) provide notice and an opportunity for each candidate involved in the tie to observe
49 the casting or drawing of the lot or to send a representative to observe the casting or
50 drawing of the lot.
51 (3) (a) If, after conducting a recount under Subsection 20A-4-401(5), a tie vote occurs in
52 a primary election race for a national, statewide, or other office that represents more
53 than one county, the governor, lieutenant governor, and attorney general shall, at a
54 public meeting called by the governor no later than three days after the day on which
55 the recount canvass is completed:
56 (i) determine the winning nominee, by lot, in whatever manner the governor
57 determines; and
58 (ii) provide notice and an opportunity for each candidate involved in the tie to
59 observe the casting or drawing of the lot or to send a representative to observe the
60 casting or drawing of the lot.
61 (b) If, after conducting a recount under Subsection 20A-4-401(5), a tie vote occurs in a
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62 primary election race for a county office, the district court judges of the district in
63 which the county is located shall, at a public meeting called by the judges no later
64 than three days after the day on which the recount canvass is completed:
65 (i) determine the winning nominee, by lot, in whatever manner the judges determine;
66 and
67 (ii) provide notice and an opportunity for each candidate involved in the tie to
68 observe the casting or drawing of the lot or to send a representative to observe the
69 casting or drawing of the lot.
70 Section 2. Section 20A-4-304 is amended to read:
71 20A-4-304 . Declaration of results -- Canvassers' report.
72 [(1) Each board of canvassers shall:]
73 (1) (a) [except] Except as provided in Part 6, Municipal Alternate Voting Methods Pilot
74 Project, a board of canvassers shall declare "elected" or "nominated" those persons
75 who:
76 (i) had the highest number of votes; and
77 (ii) sought election or nomination to an office completely within the board's
78 jurisdiction[;] .
79 (b) Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a
80 board of canvassers shall declare a "tie vote" if:
81 (i) two or more candidates for an office receive an equal and the highest number of
82 votes for that office; or
83 (ii) in a race for an at-large office:
84 (A) two or more candidates receive an equal number of votes; and
85 (B) a recount is necessary to determine which candidates are elected to the at-large
86 office.
87 [(b)] (c) A board of canvassers shall declare:
88 (i) "approved" those ballot propositions that:
89 (A) had more "yes" votes than "no" votes; and
90 (B) were submitted only to the voters within the board's jurisdiction; or
91 (ii) "rejected" those ballot propositions that:
92 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and
93 "yes" votes; and
94 (B) were submitted only to the voters within the board's jurisdiction[;] .
95 [(c)] (d) A board of canvassers shall:
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96 (i) certify the vote totals for persons and for and against ballot propositions that were
97 submitted to voters within and beyond the board's jurisdiction and transmit those
98 vote totals to the lieutenant governor; and
99 [(d)] (ii) if applicable, certify the results of each special district election to the special
100 district clerk.
101 (2) The election officer shall submit a report to the board of canvassers that includes the
102 following information:
103 (a) the total number of votes cast in the board's jurisdiction;
104 (b) the names of each candidate whose name appeared on the ballot;
105 (c) the title of each ballot proposition that appeared on the ballot;
106 (d) each office that appeared on the ballot;
107 (e) from each voting precinct:
108 (i) the number of votes for each candidate;
109 (ii) for each race conducted by instant runoff voting under Part 6, Municipal
110 Alternate Voting Methods Pilot Project, the number of valid votes cast for each
111 candidate for each potential ballot-counting phase and the name of the candidate
112 excluded in each ballot-counting phase; and
113 (iii) the number of votes for and against each ballot proposition;
114 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
115 and against each ballot proposition;
116 (g) standardized statistics, on a form provided by the lieutenant governor, disclosing:
117 (i) the number of ballots counted;
118 (ii) provisional ballots; and
119 (iii) the number of ballots rejected;
120 (h) a final ballot reconciliation report;
121 (i) other information required by law to be provided to the board of canvassers; and
122 (j) a statement certifying that the information contained in the report is accurate.
123 (3) The election officer and the board of canvassers shall:
124 (a) review the report to ensure that the report is correct; and
125 (b) sign the report.
126 (4) The election officer shall:
127 (a) record or file the certified report in a book kept for that purpose;
128 (b) prepare and transmit a certificate of nomination or election under the officer's seal to
129 each nominated or elected candidate;
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130 (c) publish a copy of the certified report in accordance with Subsection (5); and
131 (d) file a copy of the certified report with the lieutenant governor.
132 (5) Except as provided in Subsection (6), the election officer shall, no later than seven days
133 after the day on which the board of canvassers declares the election results, publicize the
134 certified report described in Subsection (2) for the jurisdiction, as a class A notice under
135 Section 63G-30-102, for at least seven days.
136 (6) Instead of including a copy of the entire certified report, a notice required under
137 Subsection (5) may contain a statement that:
138 (a) includes the following: "The Board of Canvassers for [indicate name of jurisdiction]
139 has prepared a report of the election results for the [indicate type and date of
140 election]."; and
141 (b) specifies the following sources where an individual may view or obtain a copy of the
142 entire certified report:
143 (i) if the jurisdiction has a website, the jurisdiction's website;
144 (ii) the physical address for the jurisdiction; and
145 (iii) a mailing address and telephone number.
146 (7) When there has been a regular general or a statewide special election for statewide
147 officers, for officers that appear on the ballot in more than one county, or for a statewide
148 or two or more county ballot proposition, each board of canvassers shall:
149 (a) prepare a separate report detailing the number of votes for each candidate and the
150 number of votes for and against each ballot proposition; and
151 (b) transmit the separate report by registered mail to the lieutenant governor.
152 (8) In each county election, municipal election, school election, special district election, and
153 local special election, the election officer shall transmit the reports to the lieutenant
154 governor within 14 days after the date of the election.
155 (9) In a regular primary election and in a presidential primary election, the board shall
156 transmit to the lieutenant governor:
157 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
158 governor not later than the second Tuesday after the election; and
159 (b) a complete tabulation showing voting totals for all primary races, precinct by
160 precinct, to be mailed to the lieutenant governor on or before the third Friday
161 following the primary election.
162 Section 3. Section 20A-4-306 is amended to read:
163 20A-4-306 . Statewide canvass.
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164 (1) (a) The state board of canvassers shall convene:
165 (i) on the fourth Monday of November, at noon; or
166 (ii) at noon on the day following the receipt by the lieutenant governor of the last of
167 the returns of a statewide special election.
168 (b) The state auditor, the state treasurer, and the attorney general are the state board of
169 canvassers.
170 (c) Attendance of all members of the state board of canvassers is required to constitute a
171 quorum for conducting the canvass.
172 (2) (a) The state board of canvassers shall:
173 (i) meet in the lieutenant governor's office; and
174 (ii) compute and determine the vote for officers and for and against any ballot
175 propositions voted upon by the voters of the entire state or of two or more
176 counties.
177 (b) The lieutenant governor, as secretary of the board shall file a report in the lieutenant
178 governor's office that details:
179 (i) for each statewide officer and ballot proposition:
180 (A) the name of the statewide office or ballot proposition that appeared on the
181 ballot;
182 (B) the candidates for each statewide office whose names appeared on the ballot,
183 plus any recorded write-in candidates;
184 (C) the number of votes from each county cast for each candidate and for and
185 against each ballot proposition;
186 (D) the total number of votes cast statewide for each candidate and for and against
187 each ballot proposition; and
188 (E) the total number of votes cast statewide; and
189 (ii) for each officer or ballot proposition voted on in two or more counties:
190 (A) the name of each of those offices and ballot propositions that appeared on the
191 ballot;
192 (B) the candidates for those offices, plus any recorded write-in candidates;
193 (C) the number of votes from each county cast for each candidate and for and
194 against each ballot proposition; and
195 (D) the total number of votes cast for each candidate and for and against each
196 ballot proposition.
197 (c) [The] Except as provided in Subsection (2)(d), the lieutenant governor shall:
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198 (i) prepare certificates of election for:
199 (A) each successful candidate; and
200 (B) each of the presidential electors of the candidate for president who received a
201 majority of the votes;
202 (ii) authenticate each certificate with the lieutenant governor's seal; and
203 (iii) deliver a certificate of election to:
204 (A) each candidate who had the highest number of votes for each office; and
205 (B) each of the presidential electors of the candidate for president who received a
206 majority of the votes.
207 (d) The lieutenant governor shall, in the report described in Subsection (2)(b), declare a
208 tie vote if:
209 (i) two or more officers receive an equal and the highest number of votes for an
210 office; or
211 (ii) in a race for an at-large office:
212 (A) two or more candidates receive an equal number of votes; and
213 (B) a recount is necessary to determine which candidates are elected to the at-large
214 office.
215 (3) If the lieutenant governor has not received election returns from all counties on the fifth
216 day before the day designated for the meeting of the state board of canvassers, the
217 lieutenant governor shall:
218 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
219 county;
220 (b) instruct the messenger to demand a certified copy of the board of canvasser's report
221 required by Section 20A-4-304 from the clerk; and
222 (c) pay the messenger the per diem provided by law as compensation.
223 (4) The state board of canvassers may not withhold the declaration of the result or any
224 certificate of election because of any defect or informality in the returns of any election
225 if the board can determine from the returns, with reasonable certainty, what office is
226 intended and who is elected to it.
227 (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
228 governor shall:
229 (i) canvass the returns for all multicounty candidates required to file with the office
230 of the lieutenant governor; and
231 (ii) publish and file the results of the canvass in the lieutenant governor's office.
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232 (b) Not later than the Au