Section 223 – Vote necessary for conviction or other questions — Tie votes.

• (1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.

• (2) All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

• (3)
  • (a) A tie vote on a challenge disqualifies the member challenged.
  • (b) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused.
  • (c) A tie vote on any other question is a determination in favor of the accused.

Renumbered and Amended by Chapter 373, 2022 General Session