25-3208.Tie votes in state and national elections.(a) In any election for which the state board of canvassers makes thefinal canvass, if any two or more persons have a tie vote, such board shalldetermine by lot which person is nominated or elected, as the case may be,except in general election of the governor and lieutenant governor.Reasonable notice shall be given to such persons of the time any suchdetermination by lot will be made; if such persons or either of them shallfail to appear in accordance with such notice, the state board ofcanvassers shall proceed to make such determination in the absence of suchpersons.
(b) A tie vote shall have occurred in the following cases:
(1) In a primary election for any national or state office, if any twoor more persons have an equal number of votes and more than any otherperson for the same office as candidate for the same party.
(2) In a general election for any national or state office, if any twoor more persons have an equal number of votes and more than any otherperson for the same office.
(3) In the case of election to any national office determination ofwhether a tie has occurred shall be made and such determination shall bebased upon any federal statutes applicable to the particular nationaloffice, if there be any such federal statutes, and in all other respectsaccording to this section.
(4) In the case of a constitutional amendment or other questionsubmitted election a tie shall never be deemed to have occurred, and ifthere are the same number of "yes" votes and "no" votes, the "no" votesshall have prevailed, except in the case of a question upon the retentionof a justice of the supreme court.
25-3208.Tie votes in state and national elections.(a) In any election for which the state board of canvassers makes thefinal canvass, if any two or more persons have a tie vote, such board shalldetermine by lot which person is nominated or elected, as the case may be,except in general election of the governor and lieutenant governor.Reasonable notice shall be given to such persons of the time any suchdetermination by lot will be made; if such persons or either of them shallfail to appear in accordance with such notice, the state board ofcanvassers shall proceed to make such determination in the absence of suchpersons.
(b) A tie vote shall have occurred in the following cases:
(1) In a primary election for any national or state office, if any twoor more persons have an equal number of votes and more than any otherperson for the same office as candidate for the same party.
(2) In a general election for any national or state office, if any twoor more persons have an equal number of votes and more than any otherperson for the same office.
(3) In the case of election to any national office determination ofwhether a tie has occurred shall be made and such determination shall bebased upon any federal statutes applicable to the particular nationaloffice, if there be any such federal statutes, and in all other respectsaccording to this section.
(4) In the case of a constitutional amendment or other questionsubmitted election a tie shall never be deemed to have occurred, and ifthere are the same number of "yes" votes and "no" votes, the "no" votesshall have prevailed, except in the case of a question upon the retentionof a justice of the supreme court.
25-3208.Tie votes in state and national elections.(a) In any election for which the state board of canvassers makes thefinal canvass, if any two or more persons have a tie vote, such board shalldetermine by lot which person is nominated or elected, as the case may be,except in general election of the governor and lieutenant governor.Reasonable notice shall be given to such persons of the time any suchdetermination by lot will be made; if such persons or either of them shallfail to appear in accordance with such notice, the state board ofcanvassers shall proceed to make such determination in the absence of suchpersons.
(b) A tie vote shall have occurred in the following cases:
(1) In a primary election for any national or state office, if any twoor more persons have an equal number of votes and more than any otherperson for the same office as candidate for the same party.
(2) In a general election for any national or state office, if any twoor more persons have an equal number of votes and more than any otherperson for the same office.
(3) In the case of election to any national office determination ofwhether a tie has occurred shall be made and such determination shall bebased upon any federal statutes applicable to the particular nationaloffice, if there be any such federal statutes, and in all other respectsaccording to this section.
(4) In the case of a constitutional amendment or other questionsubmitted election a tie shall never be deemed to have occurred, and ifthere are the same number of "yes" votes and "no" votes, the "no" votesshall have prevailed, except in the case of a question upon the retentionof a justice of the supreme court.
