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

1. 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.

2. 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.

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

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

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

WARNING - The above text was curent June 2003, but may be outdated now.