Elections 101: How to Resolve a Tie Vote, Part Deux
Earlier this year, we explored how to resolve a tie vote in an election requiring a plurality vote under Texas Election Code Section 2.002. A plurality vote simply means that one candidate need only have more votes than another candidate. But what happens in those jurisdictions for which a majority vote is required? A majority vote is more than half of the total, or in other words, 50% + 1. What are the options for tying candidates in these situations?
Such quandaries are easily resolved by reference to Texas Election Code Section 2.021. This section requires that, in the event that no candidate receives the necessary majority vote, a runoff election must be held.
Who gets to be in the runoff? Section 2.023(a) provides that the candidates with the first and second highest numbers of votes, or the two tied candidates, as applicable, are the runoff candidates.
Although highly improbable, in the event there are three (or more) tied candidates, an automatic recount is triggered. Sec. 2.023(b). If the recount does not resolve the tie, then the candidates must cast lots. Id. The result decides who will be in the runoff. Id. The casting of lots is supervised by the “presiding officer of the final canvassing authority.” Sec. 2.021(d). This is just a fancy way of saying the governing body of the municipality, i.e. the City Council, or Board of Aldermen, supervises the casting of lots. Sec. 67.002. For an election ordered by the governor or a county, this duty belongs to the county Commissioners Court. Id.
If two candidates tie with the second highest number of votes, once again, a recount is triggered. Sec. 2.023(c). The results determine which of those candidates will be in the runoff election. Id.
Are there timing requirements for the runoff election? Yes. Pursuant to Sec. 2.024, a municipality (or other entity) must order the runoff election “not later than the fifth day after the date the final canvass of the main election is completed.”
When is the runoff held? Runoff elections always occur on a Saturday on a date determined by the Texas Secretary of State. Sec. 2.025(a). That date must fall between the 30th and 45th day after the main election date, which presents a fairly narrow window. Sec. 2.025(e)(1)(A)-(B). Additionally, and not at all surprisingly, the runoff date can’t be on a national or state holiday or include an early voting period that includes such holidays. Sec. 2.025(e)(2)(A)-(B).
As always, the Randle Law Office is at your disposal to help navigate the intricacies of the elections process in Texas. The Texas Secretary of State also provides a wealth of resources to satisfy inquiring minds.
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.
