Utah Code 20A-1-304. Tie votes
Current as of: 2024 | Check for updates
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(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.
Terms Used In Utah Code 20A-1-304
- Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
- Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Election officer: means :(23)(a) the lieutenant governor, for all statewide ballots and elections;(23)(b) the county clerk for:(23)(b)(i) a county ballot and election; and(23)(b)(ii) a ballot and election as a provider election officer as provided in Section
Utah Code 20A-1-102 (2) Except as provided in Subsection (3), if, after conducting a recount under Subsection20A-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:(2)(a) determine the winning candidate, by lot, in whatever manner the election officer determines; and(2)(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)(3)(a) If, after conducting a recount under Subsection20A-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:(3)(a)(i) determine the winning nominee, by lot, in whatever manner the governor determines; and(3)(a)(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.(3)(b) If, after conducting a recount under Subsection20A-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:(3)(b)(i) determine the winning nominee, by lot, in whatever manner the judges determine; and(3)(b)(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.