(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.
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Terms Used In Utah Code 20A-4-401

  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
         (4)(a) an opinion question specifically authorized by the Legislature;
         (4)(b) a constitutional amendment;
         (4)(c) an initiative;
         (4)(d) a referendum;
         (4)(e) a bond proposition;
         (4)(f) a judicial retention question;
         (4)(g) an incorporation of a city or town; or
         (4)(h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
  • Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section Utah Code 20A-1-102
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The election officer shall conduct a recount of votes cast in a race if:

     (2)(a) two or more candidates for an office receive an equal and the highest number of votes for that office; or
     (2)(b) in a race for an at-large office, two or more candidates receive an equal number of votes and at least one of the candidates must be eliminated to determine which candidates are elected.
(3)

     (3)(a) Except as provided in Subsection (2) or (3)(b), for a race between candidates, if the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is equal to or less than .25% of the total number of votes cast for all candidates in the race, the losing candidate may file a request for a recount in accordance with Subsection (4).
     (3)(b) Except as provided in Subsection (2), for a race between candidates where the total of all votes cast in the race is 400 or less, if the difference between the number of votes cast for a winning candidate in the race and a losing candidate in the race is one vote, the losing candidate may file a request for a recount in accordance with Subsection (4).
(4) A losing candidate who files a request for a recount under Subsection (3)(a) or (b) shall file the request:

     (4)(a) for a municipal primary election, with the municipal clerk, before 5 p.m., no later than three days after the day on which the canvass is completed; or
     (4)(b) for all other elections, before 5 p.m., no later than seven days after the day on which the canvass is completed, with:

          (4)(b)(i) the municipal clerk, if the election is a municipal general election;
          (4)(b)(ii) the special district clerk, if the election is a special district election;
          (4)(b)(iii) the county clerk, for a race voted on entirely within a single county; or
          (4)(b)(iv) the lieutenant governor, for a statewide race or multi-county race.
(5)

     (5)(a) The election officer shall conduct the recount:

          (5)(a)(i) for a race described in Subsection (2), no later than 10 days after the day on which the board of canvassers certifies the vote totals; or
          (5)(a)(ii) for a race described in Subsection (3), no later than seven days after the day on which the losing candidate requests the recount.
     (5)(b) In conducting the recount, the election officer shall:

          (5)(b)(i) supervise the recount;
          (5)(b)(ii) recount all ballots cast in the race;
          (5)(b)(iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4, Disposition of Ballots; and
          (5)(b)(iv)

               (5)(b)(iv)(A) for a race between candidates for a single office, declare elected the candidate who receives the highest number of votes on the recount;
               (5)(b)(iv)(B) for a race for an at-large office, declare elected the candidate who receives the highest number of votes on the recount, until all offices are filled by the candidates who received the highest number of votes;
               (5)(b)(iv)(C) for a race described in Subsection (5)(b)(iv)(A) in which two or more candidates receive an equal and the highest number of votes, declare a tie vote; or
               (5)(b)(iv)(D) for a race described in Subsection (5)(b)(iv)(B) in which two or more candidates receive an equal number of votes, declare a tie vote if the selection of the winning candidate by lot under Section 20A-1-304 is necessary to determine which candidate is elected to the at-large office.
(6) The cost of a recount under Subsection (5) shall be paid by:

     (6)(a) for a statewide race or multi-county race, the state; or
     (6)(b) for all other races:

          (6)(b)(i) the political subdivision that conducts the election; or
          (6)(b)(ii) the political subdivision that enters into a contract or interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, with a provider election officer to conduct the election.
(7)

     (7)(a) Except as provided in Subsection (7)(b), for a ballot proposition or a bond proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of the total votes cast for or against the proposition, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount before 5 p.m. within seven days after the day of the canvass with the person described in Subsection (8).
     (7)(b) For a ballot proposition or a bond proposition where the total of all votes cast for or against the proposition is 400 or less, if the difference between the number of votes cast for the proposition and the number of votes cast against the proposition is one vote, any 10 voters who voted in the election where the proposition was on the ballot may file a request for a recount before 5 p.m. within seven days after the day of the canvass with the person described in Subsection (8).
(8) The 10 voters who file a request for a recount under Subsection (7)(a) or (b) shall file the request with:

     (8)(a) the municipal clerk, if the election is a municipal election;
     (8)(b) the special district clerk, if the election is a special district election;
     (8)(c) the county clerk, for a proposition voted on entirely within a single county; or
     (8)(d) the lieutenant governor, for a statewide proposition or multi-county proposition.
(9)

     (9)(a) In conducting the recount, the election officer shall:

          (9)(a)(i) supervise the recount;
          (9)(a)(ii) recount all ballots cast for the ballot proposition or bond proposition;
          (9)(a)(iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4, Disposition of Ballots; and
          (9)(a)(iv) declare the ballot proposition or bond proposition to have “passed” or “failed” based upon the results of the recount.
     (9)(b) Proponents and opponents of the ballot proposition or bond proposition may designate representatives to witness the recount.
(10) The voters requesting a recount under Subsection (7)(a) or (b) shall pay the costs of the recount.
(11)

     (11)(a) Upon completing a recount described in Subsection (5) or (9), the election officer shall immediately convene the board of canvassers.
     (11)(b) The board of canvassers shall:

          (11)(b)(i) canvass the election returns for the race or proposition that was the subject of the recount; and
          (11)(b)(ii) with the assistance of the election officer, prepare and sign the report required by Section 20A-4-304 or 20A-4-306.
     (11)(c) If the recount is for a statewide race, multi-county race, or a statewide proposition, the board of county canvassers shall prepare and transmit a separate report to the lieutenant governor as required by Subsection 20A-4-304(7).
     (11)(d) The canvassers’ report prepared as provided in this Subsection (11) is the official result of the race or proposition that is the subject of the recount.
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