UT Code § 20A-4-603 (2021)
2021 Utah Code|Title 20A - Election Code|Chapter 4 - Election Returns and Election Contests|Part 6 - Municipal Alternate Voting Methods Pilot Project|Section 603 - Instant runoff voting.

 Affected by 63I-2-220 on 1/1/2026  Effective 3/26/2019  20A-4-603. Instant runoff voting.    (1) In a multi-candidate race, the election officer for a participating municipality shall:   (a)   (i) conduct the first ballot-counting phase by counting the valid first preference votes for each candidate; and     (ii) if, after complying with Subsection (5), one of the candidates receives more than 50% of the valid first preference votes counted, declare that candidate elected;       (b) if, after counting the valid first preference votes for each candidate, and complying with Subsection (5), no candidate receives more than 50% of the valid first preference votes counted, conduct the second ballot-counting phase by:   (i) excluding from the multi-candidate race:   (A) the candidate who received the fewest valid first preference votes counted; or     (B) in the event of a tie for the fewest valid first preference votes counted, one of the tied candidates, determined by the tied election officer by lot, in accordance with Subsection (6);       (ii) adding, to the valid first preference votes counted for the remaining candidates, the valid second preference votes cast for the remaining candidates by the voters who cast a valid first preference vote for the excluded candidate; and     (iii) if, after adding the votes in accordance with Subsection (1)(b)(ii) and complying with Subsection (5), one candidate receives more than 50% of the valid votes counted, declaring that candidate elected; and       (c) if, after adding the valid second preference votes in accordance with Subsection (1)(b)(ii) and complying with Subsection (5), no candidate receives more than 50% of the valid votes counted, conduct subsequent ballot-counting phases by continuing the process described in Subsection (1)(b) until a candidate receives more than 50% of the valid votes counted, as follows:   (i) after complying with Subsection (5), excluding from consideration the candidate who has the fewest valid votes counted or, in the event of a tie for the fewest valid votes counted, excluding one of the tied candidates, by lot, in accordance with Subsection (6); and     (ii) adding the next valid preference vote cast by each voter whose vote was counted for the last excluded candidate to one of the remaining candidates, in the order of the next preference indicated by the voter.         (2) The election officer shall declare elected the first candidate who receives more than 50% of the valid votes counted under the process described in Subsection (1).     (3)   (a) A vote is valid for a particular phase of a multi-candidate race only if the voter indicates the voter's preference for that phase and all previous phases.     (b) A vote is not valid for a particular phase of a multi-candidate race, and for all subsequent phases, if the voter indicates the same rank for more than one candidate for that phase.       (4) The election officer shall order a recount of the valid votes in the applicable ballot-counting phase if one candidate appears to have received at least 50% of the vote, and the difference between the number of votes counted for the candidate who received the most valid votes for the applicable ballot-counting phase and any other candidate in the race is equal to or less than the product of the following, rounded up to the nearest whole number:   (a) the total number of voters who cast a valid vote that is counted in the applicable ballot-counting phase of the race; and     (b) the recount threshold.       (5) Before excluding a candidate from a multi-candidate race under Subsection (1), the election officer shall order a recount of the valid votes counted in the applicable ballot-counting phase if the difference between the number of votes counted for the candidate who received the fewest valid votes in the applicable ballot-counting phase of the race and any other candidate in the race is equal to or less than the product of the following, rounded up to the nearest whole number:   (a) the total number of voters who cast a valid vote counted in that ballot-counting phase; and     (b) the recount threshold.       (6) For each ballot-counting phase after the first phase, if, after a recount is completed under Subsection (5), two or more candidates tie as having received the fewest valid votes counted at that point in the ballot count, the election officer shall eliminate one of those candidates from consideration, by lot, in the following manner:   (a) determine the names of the candidates who tie as having received the fewest valid votes for that ballot-counting phase;     (b) cast the lot in the presence of at least two election officials and any counting poll watchers who are present and desire to witness the casting of the lot; and     (c) sign a public document that:   (i) certifies the method used for casting the lot and the result of the lot; and     (ii) includes the name of each individual who witnessed the casting of the lot.         (7) In a multi-candidate race for an at-large office, where the number of candidates who qualify for the race exceeds the total number of at-large seats to be filled for the office, the election officer shall count the votes by:   (a) except as provided in Subsection (8), counting votes in the same manner as described in Subsections (1) through (6), until a candidate is declared elected;     (b) repeating the process described in Subsection (7)(a) for all candidates that are not declared elected until another candidate is declared elected; and     (c) continuing the process described in Subsection (7)(b) until all at-large seats in the race are filled.       (8) After a candidate is declared elected under Subsection (7), the election officer shall, in repeating the process described in Subsections (1) through (6) to declare the next candidate elected, add to the vote totals the next valid preference vote of each voter whose vote was counted for a candidate already declared elected.      (9) An election officer for a participating municipality may choose to conduct a primary election by using instant runoff voting in the manner described in Subsections (1) through (6), except that:   (a) instead of determining whether a candidate receives more than 50% of the valid preference votes for a particular ballot-counting phase, the election officer shall proceed to a subsequent ballot-counting stage, and exclude the candidate who receives the fewest valid preference votes in that phase, until twice the number of seats to be filled in the race remain; and     (b) after complying with Subsection (9)(a), the election officer shall declare the remaining candidates nominated to participate in the municipal general election.      Amended by Chapter 305, 2019 General Session