(2)A local government may conduct an election using a ranked voting
method if:
(a)The use of the ranked voting method in the local government is not
prohibited by the charter of the local government; and
(b)The election is conducted with a system of casting, recording, and
tabulating votes that is capable of conducting the election using ranked voting and
that has been approved by the governing body and the designated election official
of the local government.
(2.5) [ Editor's note: Subsection (2.5) is effective March 1, 2026. ]
(a)The general assembly finds and declares that for this subsection (2.5), it intends
that a general provision with a later effective date prevails over a specific provision
with an earlier effective date.
(b)Before a primary or gene
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(1) Repealed.
(2) A local government may conduct an election using a ranked voting
method if:
(a) The use of the ranked voting method in the local government is not
prohibited by the charter of the local government; and
(b) The election is conducted with a system of casting, recording, and
tabulating votes that is capable of conducting the election using ranked voting and
that has been approved by the governing body and the designated election official
of the local government.
(2.5) [ Editor's note: Subsection (2.5) is effective March 1, 2026. ]
(a) The general assembly finds and declares that for this subsection (2.5), it intends
that a general provision with a later effective date prevails over a specific provision
with an earlier effective date.
(b) Before a primary or general election can use a ranked voting method for
federal or state offices, the secretary of state must certify that:
(I) Municipalities in at least three counties with more than two hundred fifty
thousand active electors, at least thirty-seven thousand five hundred but fewer
than two hundred fifty thousand active electors, at least ten thousand but fewer
than thirty-seven thousand five hundred active electors, and fewer than ten
thousand active electors, have coordinated with the municipality's county clerk to
conduct an election with a ranked voting method;
(II) At least two counties specified in subsection (2.5)(b)(I) of this section
have a population of at least two thousand citizens or at least two and one-half
percent of citizens aged eighteen years or older who speak English less than very
well, as defined by the United States census bureau American community survey or
comparable census data, and who speak a shared language in their place of
residence;
(III) At least two counties specified in subsection (2.5)(b)(I) of this section
have a population of two thousand non-white active electors or at least two and
one-half percent non-white active electors as defined by the United States census
bureau American community survey or comparable census data; and
(IV) A risk-limiting audit has been successfully completed for each municipal
election in the municipalities specified in subsection (2.5)(b)(I) of this section and
has demonstrated that the certified outcomes in each race were correct.
(c) When all of the requirements specified in subsection (2.5)(b) of this
section are satisfied, and before a primary or general election can use a ranked
voting method for federal or state offices, the secretary of state shall provide a
report as part of the secretary's presentation to the legislative committees of
reference at the committees' hearings held pursuant to the State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act pursuant to
part 2 of article 7 of title 2, regarding the impact of ranked choice voting methods
as compared to elections conducted through other voting methods. As available,
the report must include information regarding spoilage of ballots, undervotes,
record of use and results of risk-limiting audits, and the impact on voter turnout in
historically under-represented communities, including the disabled community,
non-English speaking voters, and non-white voters.
(3) The secretary of state shall submit a report to the state, veterans, and
military affairs committees, or any successor committees, of the house of
representatives and the senate no later than February 15, 2011, that includes, but is
not limited to:
(a) An assessment of all elections conducted using ranked voting methods
by local governments in accordance with this part 10 and by home rule cities or
cities and counties in accordance with their charters from August 5, 2008, through
the general election of November 2010;
(b) Recommendations for changes to statutes, rules, and local voting
procedures that would be required to implement ranked voting as a permanent
alternative election method for state, federal, and local special and general
elections;
(c) An inventory of available election equipment necessary for conducting
elections using ranked voting methods, including the costs associated with the
equipment; and
(d) Any recommendations made by the designated election officials of local
governments that conducted an election using a ranked voting method.