Ranked Choice Voting In Nonpartisan Elections

Beginning in 2023, the act allows a municipality to refer a municipal election using instant runoff voting to be conducted as part of a coordinated election. The secretary of state is required to promulgate rules establishing the minimum system requirements and specifications for a voting system to be used in an election using instant runoff voting by December 31, 2022. After December 31, 2022, a system that has been tested and satisfies the standards promulgated by the secretary of state may be submitted for certification for use in an election using instant runoff voting. If the secretary of state certifies a system, the secretary is required to negotiate and purchase, if possible, a single annual statewide license with the provider to allow each county that uses the voting system to conduct elections using instant runoff voting. Each county that uses a voting system to conduct an instant runoff voting election under a statewide license obtained by the secretary of state is required to pay its share of the cost of the license as a proportion of the total number of counties that used the system that year.

On and after January 1, 2023, a statutory city or town or home rule municipality located in a single county that has taken formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election by providing written notice to the county clerk and recorder. If the county uses a voting system that is certified for use in an election using instant runoff voting, the county clerk and recorder must conduct the election as part of the coordinated election. The municipality referring the election is responsible for any reasonable additional costs the county incurs as a result of conducting an instant runoff voting election, including any licensing costs paid by the county.

On and after July 1, 2026, a municipality located in more than one county may refer an election using instant runoff voting to be conducted as part of a coordinated election by notifying the county clerk and recorder of each county. The counties are required to conduct the election using instant runoff voting only if each county receives timely notice, each county uses a voting system certified for such use, and the data from all the counties' voting systems can be tabulated together in accordance with rules promulgated by the secretary of state for conducting instant runoff elections across multiple counties. The counties and the municipality are required to enter into an agreement for the conduct of the election, which must specify the procedures for the county canvass boards to canvass the election. Each county canvass board is required to certify the abstract of votes cast and provide tabulation data to the designated election office for the municipality in accordance with rules adopted by the secretary of state.

The secretary of state is required to promulgate rules related to instant runoff voting elections including the procedures for conducting logic and accuracy tests and risk limiting audits, and for the tabulation, reporting, and canvassing of results.

(Note: This summary applies to this bill as enacted.)