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Utah Statutes § 20A-1-304 Tie votes

⤴ Up to Part 3: Elections: General Requirements

Statute Text

(1) This section does not apply to a race conducted by instant runoff voting under Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
(2) Except as provided in Subsection (3), if, after conducting a recount under Subsection 20A-4-401 (5) , a tie vote occurs, the election officer shall, in a public meeting held no later than three days after the day on which the recount canvass is completed:
(a) determine the winning candidate, by lot, in whatever manner the election officer determines; and
(b) provide notice and an opportunity for each candidate involved in the tie to observe the casting or drawing of the lot or to send a representative to observe the casting or drawing of the lot.
(3)
(a) If, after conducting a recount under Subsection 20A-4-401 (5) , a tie vote occurs in a primary election race for a national, statewide, or other office that represents more than one county, the governor, lieutenant governor, and attorney general shall, at a public meeting called by the governor no later than three days after the day on which the recount canvass is completed:
(i) determine the winning nominee, by lot, in whatever manner the governor determines; and
(ii) provide notice and an opportunity for each candidate involved in the tie to observe the casting or drawing of the lot or to send a representative to observe the casting or drawing of the lot.
(b) If, after conducting a recount under Subsection 20A-4-401 (5) , a tie vote occurs in a primary election race for a county office, the district court judges of the district in which the county is located shall, at a public meeting called by the judges no later than three days after the day on which the recount canvass is completed:
(i) determine the winning nominee, by lot, in whatever manner the judges determine; and
(ii) provide notice and an opportunity for each candidate involved in the tie to observe the casting or drawing of the lot or to send a representative to observe the casting or drawing of the lot.

History

Amended by Chapter 503 , 2024 General Session , § 1 , eff. 5/1/2024 .

Repealed and reenacted by Chapter 187 , 2018 General Session , § 3 , eff. 5/8/2018 .

Amended by Chapter 20 , 2001 General Session .

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Prior Versions of This Statute