25-3108. Tie votes in elections of local officers.
25-3108
25-3108. Tie votes in elections of local officers.(a) In any election for which the county 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.Reasonable notice shall be given to such persons of the time when suchdetermination by lot will be made; if such persons or either of them shallfail to appear in accordance with such notice, the county 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 county or township 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 county or township 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 city office determination of whethera tie has occurred shall be made by the county board of canvassers, andsuch determination shall be based upon statutes applicable to theparticular city election and the number of votes received by thecandidates.
(4) In the case of election to any school office, determination ofwhether a tie has occurred shall be made by the county board of canvassers,and such determination shall be based upon statutes applicable to theparticular school election and the number of votes received by thecandidates.
(5) In the case of a question submitted election a tie shall never bedeemed to have occurred, and if there are the same number of "yes" votesand "no" votes, the "no" vote shall have prevailed unless otherwiseprovided by law.
History: L. 1968, ch. 406, § 47; L. 1973, ch. 172, § 1; April 6.