20A-1-304. Tie votes.
(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 the first business day that is at least three calendar 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 and held no later than the first business day that is at least three calendar 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 and held no later than the first business day that is at least three calendar 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.
Amended by Chapter 448, 2025 General Session
