Sec. 9-446. Tie vote.
               	 		
      Sec. 9-446. Tie vote. (a) If two or more candidates obtain the same number of votes 
at a primary held to nominate candidates for a state or district office, and a tie vote 
thereby occurs, any of such candidates, or the state chairman of the political party, may 
apply for a recanvass of the returns in the manner provided in section 9-445. If no such 
application is made, or if any such recanvass results in a tie vote, such primary shall 
stand adjourned for three weeks at the same hour at which the first primary was held. 
Ballot labels of the same form and description as described in section 9-437 shall be 
used in the primary on such adjourned day, and the primary shall be conducted in the 
same manner as on the first day, except that the votes shall be cast for such office 
only. Ballot labels for such primary shall be provided forthwith by the clerk of each 
municipality wherein such primary stands adjourned, and each such clerk shall furnish 
the Secretary of the State with an accurate list of all candidates to be voted for at such 
adjourned primary. The clerk of each municipality in the state or the district, whichever 
is applicable, wherein such primary so stands adjourned shall, at least three days prior 
to the day of such adjourned primary, give notice of the day, hours, place and purpose 
thereof by publishing such notice in a newspaper published in such municipality or 
having a circulation therein. No such primary shall be held if prior to such primary all 
but one of the candidates for such office die, withdraw their names or for any reason 
become disqualified to hold such office, and, in such event, the remaining candidate 
shall be deemed to be lawfully voted upon as the candidate for such office. No withdrawal 
shall be valid until the candidate who has withdrawn has filed a letter of withdrawal 
signed by such candidate with the Secretary of the State. When such a primary is required 
to be held under the provisions of this section and prior to such primary all but one 
of the candidates for such office die, withdraw their names or for any reason become 
disqualified to hold such office, the Secretary of the State shall forthwith notify the 
municipal clerk of such fact, and shall forthwith direct the clerk that such primary shall 
not be held. In the case of a multiple-opening office only the names of those candidates 
whose votes are equal shall be placed on the ballot label of the adjourned primary. If 
such second primary results in a tie vote, the Secretary of the State, in the presence 
of not fewer than three disinterested persons, and after notification to the candidates 
obtaining the same number of votes and the chairperson of the state central committee 
of the party holding the primary of the time when and the place where such tie vote is 
to be dissolved, shall dissolve such tie vote by lot. The Secretary of the State shall 
execute a certificate attesting to the result of the dissolution of such tie vote, and the 
person so certified or the slate so certified as having been chosen by lot shall be deemed 
to have received a plurality of the votes cast and shall be deemed to have been chosen 
as the nominee of such party to such office.
      (b) If two or more candidates obtain the same number of votes at a primary held to 
nominate candidates for a municipal office or to elect members of a town committee, 
or if two or more slates of candidates obtain the same number of votes at a primary held 
for justices of the peace, and a tie vote thereby occurs, any of such candidates, or the 
town chairman of the political party, may apply for a recanvass of the returns in the 
manner provided in section 9-445. If no such application is made, or if any such recanvass 
results in a tie vote, such primary shall stand adjourned for three weeks at the same hour 
at which the first primary was held. Ballot labels of the same form and description as 
described in section 9-437 shall be used in the primary on such adjourned day, and the 
primary shall be conducted in the same manner as on the first day, except that the votes 
shall be cast for such office only. Ballot labels for such primary shall be provided forthwith by the clerk of the municipality wherein such primary stands adjourned, and such 
clerk shall furnish the Secretary of the State with an accurate list of all candidates to be 
voted for at such adjourned primary. The clerk of the municipality wherein such primary 
so stands adjourned shall, at least three days prior to the day of such adjourned primary, 
give notice of the day, hours, place and purpose thereof by publishing such notice in a 
newspaper published in such municipality or having a circulation therein. No such primary shall be held if prior to such primary all but one of the candidates for such office 
die, withdraw their names or for any reason become disqualified to hold such office, 
and, in such event, the remaining candidate shall be deemed to be lawfully voted upon 
as the candidate for such office. No withdrawal shall be valid until the candidate who 
has withdrawn has filed a letter of withdrawal signed by such candidate with the municipal clerk. When such a primary is required to be held under the provisions of this section 
and prior to such primary all but one of the candidates for such office die, withdraw 
their names or for any reason become disqualified to hold such office, the Secretary of 
the State shall forthwith notify the municipal clerk of such fact, and shall forthwith 
direct the clerk that such primary shall not be held. In the case of a multiple-opening 
office only the names of those candidates whose votes are equal shall be placed on the 
ballot label of the adjourned primary. If such second primary results in a tie vote, the 
registrar, in the presence of not fewer than three disinterested persons, and after notification to the candidates obtaining the same number of votes and the chairperson of the 
town committee of the party holding the primary of the time when and the place where 
such tie vote is to be dissolved, shall dissolve such tie vote by lot. The registrar shall 
execute a certificate attesting to the result of the dissolution of such tie vote, and the 
person so certified or the slate so certified as having been chosen by lot shall be deemed 
to have received a plurality of the votes cast and shall be deemed to have been chosen 
as the nominee of such party to such office.
      (June, 1955, S. 606d; November, 1955, S. N91; 1958 Rev., S. 9-119; 1963, P.A. 17, S. 71; 225, S. 2; P.A. 03-241, S. 
50; P.A. 07-194, S. 46.)
      History: 1963 acts restated previous provisions and added provisions re recanvass; P.A. 03-241 removed slates of 
delegate candidates from application of section and applied tie vote provisions to slates of candidates for "justices of the 
peace", effective January 1, 2004, and applicable to primaries and elections held on or after that date; P.A. 07-194 divided 
existing provisions into Subsecs. (a) and (b), deleted former provisions re dissolving of tie vote by lot and added provisions 
re adjourned primary and re holding of new primary in the event of a tie vote.