Section 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 three 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 no later than three 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 no later than three 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 TBD, 2024 General Session ,§ 1, eff. 5/1/2024.Repealed and reenacted by Chapter 187, 2018 General Session ,§ 3, eff. 5/8/2018.Amended by Chapter 20, 2001 General Session.