| Marina McNairy ∙ The Salt Lake Tribune |

The Salt Lake City Council is expected to take another look at ranked choice voting in April after Governor Cox and state lawmakers approved legislation that broadens an existing ranked choice voting pilot program.

The ranked choice voting pilot program was passed by the Utah Legislature in 2018. The program allows municipalities to test the alternative election process before ranked choice voting is adopted more widely, if at all.

A city’s legislative body has to notify the lieutenant governor’s office before May 10 to participate in the current ranked choice voting pilot program.

Salt Lake City is among many municipalities deciding whether or not to participate. Cottonwood Heights is interested in evaluating the ranked choice voting option and “will be having further discussions about it” before the deadline, according to Lindsay Wilcox, communications manager for Cottonwood Heights City.

Ranked choice voting is an electoral system that allows voters to rank candidates by preference instead of choosing one candidate for a position.

An earlier draft of the ranked choice voting pilot, HB75 , sponsored by Rep. Jeff Stenquist, R-Draper, would have required county clerks to administer this type of election if a city chose to try it, raising the hackles of county clerks who felt it would bring too many complications and didn’t agree with being forced to conduct the election.

“County clerks… were opposed to counties being forced to conduct city elections,” Swensen said, adding that a tremendous amount of work was done to get the bill changed to the 3rd substitute that passed.

The bill now allows cities to contract with a county outside where the city is located to conduct a ranked choice voting election.

Sherrie Swensen, Salt Lake County Clerk, said Salt Lake County will be offering a ranked choice voting option “to cities with whom we contract to administer their elections, with a new voting system in place that will accommodate ranked choice voting.”

Cities contracting with counties isn’t new in Utah. “We have conducted elections for all 18 cities in Salt Lake County, 12 local districts and five metro townships as an option and through a mutual agreement,” Swensen said. Municipal elections are the statutory duty of the city recorders, but many county clerks have offered the administration of city elections as a contract option before.

“It has always been a mutual agreement between the city and the county where [administering city elections] has been done, not forced,” Swensen said.

The cost of ranked choice voting remains a debated topic. On one hand, primary elections may be eliminated as ranked choice voting requires only a single round of voting: one ballot with multiple choices per voter.

“Instead of holding a primary election, all the candidates proceed to the November General Election ballot where they are ranked by the voters. Therefore, a primary could be excluded,” Swensen said.

On the other hand, Salt Lake City Council staff Ben Luedtke worried that if a ballot was long, or required an extra page, there would be an additional cost. Currently, there is no limit on the Utah law as to how many candidates can be ranked.

“Providing voters with greater choice at the general election when turnout is historically much higher makes for a stronger election,” Wharton and Mendenhall wrote.

“If we had a two-card ballot countywide, it would cost an additional $194,000,” Swensen said in a Salt Lake City Council meeting on Feb. 16 .

In addition, the issue of adjudicated ballots would slow down the ranked choice voting process.

Adjudication is the process of resolving flagged cast ballots to reflect voter intent. For example, a voter may change their mind and cross out a number on the ballot to rank another candidate instead. Every time someone on a paper ballot makes a mark on the ballot or writes notes, it pulls the ballot out of the process to determine the voter intent.

However, Swensen said that any additional time needed to adjudicate ballots would be offset by the lack of a primary, leading to “less work overall.”

Additional infrastructure would be required to conduct wide-scale ranked choice voting. In last month’s City Council meeting, Council Members discussed what was needed to participate in the pilot program. This includes having the necessary resources and equipment to conduct a ranked choice voting election.

The County Clerk’s office signed a contract on Dec. 31 to get new voting equipment to conduct ranked choice voting elections.

In a Salt Lake City Council announcement on March 23, the Salt Lake City recorder’s office provided updates on the potential for Salt Lake City to hold a Ranked Choice Voting election in November. Swensen confirmed her office would be able to provide ranked choice voting as an option for the 2021 Municipal Election using Dominion Voting Systems equipment.

In a 2020 letter to Swensen, Chris Wharton, who served as Salt Lake City Council Chair in 2020, and Erin Mendenhall, Salt Lake City Mayor, wrote that any significant change to the electoral process must include public education well in advance of Election Day.

Two Utah cities already adopted ranked choice voting for city council races: Payson and Vineyard.

“The pilot of ranked choice voting in Payson City and Vineyard City during the 2019 election cycle was a successful example [of a ranked choice voting election] by many accounts,” Wharton and Mendenhall wrote.

In an effort to educate residents about ranked choice voting, Vineyard City to put together a video on how ranked choice voting works.

“The election went really well, and our city council was all onboard with it,” Pamela Spencer, Vineyard City recorder, said. “Although our resident population is much smaller than [Salt Lake City’s], our residents thought it went well.” Spencer noted that few questions were asked about the voting method, and few people did not understand how to mark their ballot after the education efforts.

In a March 23 Salt Lake City Council meeting , Amy Fowler, Salt Lake City Council chair said to ensure “fully educating communities about ranked choice voting.” Public outreach efforts—as successfully done with the transition to vote by mail back in 2015 —are necessary to avoid voter confusion, errors and facilitate a timely count of results.

“In 2015, the city put together an interdepartmental committee that had $66,000 for a six-month public education effort about the switch to vote by mail,” Luedtke said. “The council has expressed interest in a similar outreach effort for the switch to ranked-choice voting.”

Wharton and Mendenhall wrote in support of trying ranked choice voting in the 2021 municipal election.

“Providing voters with greater choice at the general election when turnout is historically much higher makes for a stronger election,” Wharton and Mendenhall wrote. “Other potential benefits [include] sustaining or even growing higher voter turnout, ensuring every ballot cast ‘counts,’ even when a candidate withdraws from a race, and the chance for a more inclusive election wherein candidates appeal to a broader audience.”

Spencer said she liked the way ranked choice voting was conducted in Vineyard. “A lot of times I voted against somebody rather than for somebody. I feel like ranked choice took that away. You still get to vote for who you want.”

The Salt Lake City Council is expected to take another look at the election method in April, with May 4 being the last regularly scheduled meeting for the Salt Lake City Council to adopt the resolution for a ranked choice voting election this year.

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