16-649

16-649. Determination of tie vote; notice to
candidates; exception

A. If two or more candidates receive an equal number of votes for the same office,
and a higher number than any other candidate, whether upon the canvass by the secretary
of state or the county board of supervisors, or upon recount by a court, the officer or
board whose duty it is to declare the result shall determine by lot and in the presence
of the candidates which candidate shall be declared elected.

B. Ten days' previous notice shall be given to candidates for state offices, and
five days' previous notice shall be given to candidates for other offices, of the time
and place of determining the election by lot, by the officer or board whose duty it is to
declare the result of the election.

C. The provisions of this section shall not apply to candidates for the executive
offices of the state as defined by the constitution.

D. A ballot issue that ends in a tie vote is deemed to have failed.

E. The official subject to a recall shall be certified the winner if the recall
election ends in a tie vote.