Utah Code § 39A-5-223
Vote necessary for conviction or other questions -- Tie votes
Utah · Utah Code Title 39A — National Guard and Militia Act · Status: effective
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- Citation
- Utah Code § 39A-5-223, Vote necessary for conviction or other questions -- Tie votes, Utah, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2336701
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Full text
(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.