Elections 101: How to Resolve a Tie Vote
Many municipalities have completed their May elections, and some are in the middle of runoffs. Although it is uncommon, tie votes can happen, and they are more likely to occur in smaller jurisdictions with fewer votes cast in a particular election. So, what happens in the unlikely event of a tie vote?
The Texas Election Code Section 2.002 provides clear guidelines for elections requiring a plurality vote. The tying candidates have two initial options:
1) one of those candidates can choose to withdraw from the election under Section 2.002(g); or
2) the tying candidates may agree to cast lots to resolve the tie under Section 2.002(f).
Under the first option, the candidate must file a written and acknowledged statement of withdrawal with the entity that ordered the election. Section 2.002(g).
Under the second option, the candidates must file an agreement to cast lots with the entity that ordered the election. Section 2.002(f). Then, if the authority is a body, such as a city council or a board of aldermen, then the presiding officer must supervise the casting of lots. Section 2.002(f). Both of these options mean that a second election need not be held.
Although these processes may seem much like resolving a schoolyard dispute, they are the processes authorized by statute and they have ancient roots. As an aside, the process of casting lots can be found in both the Old and New Testaments of the Bible such as when the Israelites divided the Promised Land (Joshua 18:1-10), the assignment of duties for priests (1 Chronicles 24), and the selection of Matthias as an apostle (Acts 1:26).
But what happens if neither candidate wants to give up? What if the candidates also don’t agree on casting lots? Then two things must happen. The entity must schedule a second election, and an automatic recount must be held in accordance with Chapter 216 of the Election Code. Sections 2.002(i). The recount must occur before the second election is held. Section 2.002(i). If the recount resolves the tie, then the second election need not be held. Id.
If the recount does NOT resolve the tie, then the candidates get one more bite at the apple to either withdraw or cast lots. Section 2.002(j). The withdrawal must occur no later than 5 p.m. on the day after the date the automatic recount is held. Section 2.002(j)(2). Lots must be cast no later than the day the entity must order the second election. Sections 2.002(j)(1) and 2.002(b)(no later than the 5th day after the automatic recount or the final canvass after the automatic recount).
If the candidates decline both the second round of casting lots and the withdrawal, then a second election must be held. The timing of the second election is crucial, as it must be between the 20th and 45th days after the automatic recount. Section 2.002(b).
This blog only concerns what happens in a tie vote where a plurality is required. Other provisions of the Election Code apply to jurisdictions requiring a majority vote. Of course, elections are highly technical, so the Randle Law Office is ready and willing to help you navigate this process.
Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice.
