20A-4-602.  Municipal Alternate Voting Methods Pilot Project — Creation — Participation.

(1)  There is created the Municipal Alternate Voting Methods Pilot Project.

Terms Used In Utah Code 20A-4-602

  • 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 :
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Multi-candidate race: means a nonpartisan municipal race where:
    (a) for the election of at-large officers, the number of candidates who qualify for the race exceeds the total number of seats to be filled; or
    (b) for the election of an officer other than an at-large officer, more than two candidates qualify to run for one office. See Utah Code 20A-4-601
  • 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
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Participating municipality: means a municipality that is participating in the pilot project, in accordance with Subsection 20A-4-602(3). See Utah Code 20A-4-601
  • Pilot project: means the Municipal Alternate Voting Methods Pilot Project created in Section 20A-4-602. See Utah Code 20A-4-601
  • (2)  The pilot project begins on January 1, 2019, and ends on January 1, 2026.

    (3) 

    (a)  A municipality may participate in the pilot project, in accordance with the requirements of this section and all other applicable provisions of law, during any odd-numbered year that the pilot project is in effect, if, before May 1 of the odd-numbered year, the legislative body of the municipality:

    (i)  votes to participate; and

    (ii)  provides written notice to the lieutenant governor and the county clerk stating that the municipality intends to participate in the pilot project for the year specified in the notice.

    (b)  The legislative body of a municipality that provides the notice of intent described in Subsection (3)(a) may withdraw the notice of intent, and not participate in the pilot project, if the legislative body of the municipality provides written notice of withdrawal to the lieutenant governor and the county clerk before May 1.

    (4)  The lieutenant governor shall maintain, in a prominent place on the lieutenant governor’s website, a current list of the municipalities that are participating in the pilot project.

    (5) 

    (a)  An election officer of a participating municipality shall, in accordance with the provisions of this part, conduct a multi-candidate race during the municipal general election using instant runoff voting.

    (b)  Except as provided in Subsection 20A-4-603(9), an election officer of a participating municipality that will conduct a multi-candidate race under Subsection (5)(a) may not conduct a municipal primary election relating to that race.

    (c)  A municipality that has in effect an ordinance described in Subsection 20A-9-404(3) or (4) may not participate in the pilot project.

    (6)  Except for an election described in Subsection 20A-4-603(9), an individual who files a declaration of candidacy or a nomination petition, for a candidate who will run in an election described in this part, shall file the declaration of candidacy or nomination petition during the office hours described in Section 10-3-301 and not later than the close of those office hours, no sooner than the second Tuesday in August and no later than the third Tuesday in August of an odd-numbered year.

    Amended by Chapter 170, 2022 General Session