December 13, 2006 |
2006-R-0764 | |
RESOLVING TIE VOTES | ||
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By: Kristin Sullivan, Associate Analyst | ||
You asked how other states resolve a tie vote between statewide or legislative office candidates in a primary or general election.
SUMMARY
We searched 18 states' statutes to determine how they settle tie votes between statewide or legislative office candidates in a primary or general election. Generally, our research revealed three strategies: (1) drawing lots, (2) requiring an elected official or political body to cast the deciding vote, and (3) conducting a runoff election. Like Connecticut, most states use multiple methods, often having different requirements for primary and general elections and legislative and statewide offices.
While the majority of the states we looked at use some variation of one or more of the above-referenced strategies, exceptions exist. Hawaii, for example, determines the winner in the general election through a calculation based largely on voter turnout, the only state we found to use a mathematical formula. Candidates who tie in a Louisiana primary automatically qualify for the general election. And Indiana treats a tie vote in a primary as a vacancy and the relevant political party fills it according to the procedure for filling vacancies under state law (but the end result is that the party casts the deciding vote).
CONNECTICUT'S LAW
Connecticut treats a tie vote differently (1) in a primary and general election and (2) based on the office for which the candidates are running in a general election. If candidates for either statewide or legislative office tie in a primary, the secretary of the state chooses the nominee by drawing lots (CGS § 9-446). If statewide office candidates tie in a general election, the General Assembly elects the winner (CGS § 9-173). Finally, if legislative candidates tie in a general election, the election is adjourned and a runoff is conducted three weeks later (CGS § 9-332).
OTHER STATES' LAWS
Most states apply different methods for resolving tie votes to primary and general elections and statewide and legislative office candidates. Of the 18 we surveyed, 13 use more than one strategy. Table 1 provides an overview of state laws governing tie votes. It omits the following five states because they resolve ties in both primary and general elections entirely by lot: Idaho, Minnesota, Utah, Virginia, and Washington.
Table 1: State Laws Governing Tie Votes
State |
Primary Election |
General Election |
Arizona Arizona Const. Art. 5 § 1, ARS §§ 16-401 and 16-649 |
For executive offices, both houses of the legislature determine the winner by ballot at the start of the next regular session. For legislative offices, the nominee is determined by drawing lots. |
(same as primary) |
Colorado CS § 1-11-101 |
For statewide and legislative offices, candidates may agree upon a method for resolving the tie. If they fail to agree within five days of the canvass, the secretary of the state determines the nominee by lot. |
For most statewide offices, both houses of the General Assembly elect the winner by joint ballot. For legislative offices, the secretary of the state resolves the tie by lot. |
Hawaii HRS § 11-157 |
For statewide and legislative offices, the nominee is determined by drawing lots. |
For statewide and legislative offices, the candidate who earns the highest allocation of “election rate points” wins the election. An election rate point is calculated by dividing voter turnout in a district or precinct by total voter turnout in the state or a district, depending on the office. It also takes into account absentee votes. If there is a tie between candidates in the election rate point total, the one who is allocated the highest election rate points from the district or precinct, depending on the office, with the largest voter turnout wins. |
State |
Primary Election |
General Election |
Indiana Indiana Const.
Art.
IC §§ 3-12-9-1 et seq. and 3-13-1-17 |
For statewide and legislative offices, a candidate vacancy exits. The political party's state committee, or a designated sub-group depending on the office, fills it according to the procedure for filling vacancies under state law. |
For candidates for governor and lieutenant governor, a majority of both houses of the legislature elect the winner at the start of the next session. For legislative and the remaining statewide offices, the tie is resolved by special election. |
Louisiana LRS §§ 18: 483, 18: 511, 18: 512, and 18: 1275. 24 |
For statewide and legislative offices, any candidate who ties qualifies for the general election. |
For statewide and legislative offices, a runoff election is held on the 3rd Saturday after the date when the results of the tie are promulgated. |
Missouri MRS §§ 115. 515 and 115. 517 |
For statewide and legislative offices, the governor orders a runoff primary election to take place between 14 and 30 days after the results are announced. As an alternative, candidates may draw lots. |
For statewide offices, the General Assembly elects one of the candidates by joint vote at the start of the next regular session. For legislative offices, the governor orders a runoff election and sets its date. As an alternative, candidates may draw lots. |
Montana MCA §§13-16-501 - 13-16-507 |
For statewide and legislative offices, the nominee is determined by drawing lots. |
For statewide offices, the legislature elects one of the candidates at the start of its next regular session. For legislative offices, the governor casts the deciding vote by appointing one of the candidates. |
Oregon ORS § 254. 575 |
For statewide and legislative offices, candidates meet publicly to draw lots. |
For gubernatorial candidates, the General Assembly elects the winner by joint vote at the start of its next regular session. For state offices, the secretary of the state orders a runoff election. For legislative offices, candidates meet publicly to draw lots. |
Rhode Island RICA §§ 17-2-3, |
For statewide and legislative offices, the political party's state committee, district committee, or town committee, depending on the office, fills the vacancy. |
For statewide offices, the General Assembly elects the winner at the start of its next regular session. For legislative offices, the secretary of the state orders a runoff election for the 10th day from the date of the warrant, unless it is a legal holiday. In that case, the secretary directs the runoff election to proceed on the next day after the 10th day that is not a legal holiday. |
State |
Primary Election |
General Election |
South Carolina SCC §§ 7-13-2210 and 7-13-2220 |
For statewide and legislative offices, the election officials hold a runoff election two weeks following the primary. If that date falls on a legal holiday, they hold the runoff on the same day of the first week following that is not a holiday. |
(same as primary) |
Tennessee TC §§ 2-8-11 and |
For statewide and legislative offices, party rules prescribe how a tie is broken. |
For gubernatorial candidates, the General Assembly casts the deciding vote. For legislative and the remaining statewide offices, the State Election Commission casts the deciding vote. |
Wisconsin WSA § 5. 01(4) |
For statewide and legislative offices, the nominee is determined by drawing lots. |
For slates of candidates for governor and lieutenant governor, both houses of the legislature elect the winners by ballot at the start of the next regular session. For legislative and the remaining statewide offices, the winner is determined by drawing lots. |
Wyoming Wyoming Const.
WSA §§ 22-16-105 and 22-16-119 |
For statewide and legislative offices, the nominee is determined by drawing lots. |
For gubernatorial candidates, both houses of the legislature elect the winner by ballot at the start of the next regular session. For legislative and the remaining statewide offices, the winner is determined by drawing lots. |
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