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Section 401 – Recounts — Procedure.

Effective 5/12/2020 20A-4-401. Recounts — Procedure. (1) (a) This section does not apply to a race conducted by instant runoff voting under Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project. (b) Except as provided in Subsection (1)(c), for a race between candidates, if the difference between the number of votes cast for a […]

Section 402 – Election contests — Grounds.

20A-4-402. Election contests — Grounds. (1) The election or nomination of any person to any public office, and the declared result of the vote on any ballot proposition or bond proposition submitted to a vote of the people may be contested according to the procedures established in this part only: (a) for malconduct, fraud, or […]

Section 403 – Election contest — Petition and response.

Effective 3/3/2022 20A-4-403. Election contest — Petition and response. (1) (a) In contesting the results of all elections, except for primary elections and bond elections, a registered voter may contest the right of an individual declared elected to office by filing a verified written complaint with the district court of the county in which the […]

Section 404 – Election contest — Calendaring and disposition.

20A-4-404. Election contest — Calendaring and disposition. (1) (a) Upon receipt of the petition, the clerk shall inform the chief judge of the court having jurisdiction. (b) The chief judge shall issue an order: (i) assigning the case to a district court judge, if the district court has jurisdiction; and (ii) setting a date and […]

Section 405 – Election contests — Costs.

Effective 3/3/2022 20A-4-405. Election contests — Costs. (1) The court shall enter judgment for costs against the party contesting the election if: (a) the proceedings are dismissed for: (i) insufficiency of pleading or proof; or (ii) want of prosecution; or (b) the election is confirmed by the court. (2) The court shall enter judgment for […]

Section 406 – Election contests — Appeal.

20A-4-406. Election contests — Appeal. (1) (a) Either party may appeal the district court’s judgment to the Supreme Court as in other cases of appeal from the district court. (b) When an appeal is taken, the district court may not stay execution or proceedings, except execution for costs. (2) Whenever an election is annulled or […]