§ 7-5-106 - Runoff elections for county and municipal officers.
7-5-106. Runoff elections for county and municipal officers.
(a) Whenever there are more than two (2) candidates for election to any county elected office, including the office of justice of the peace, or for any municipal office at any general election held in this state and no candidate for the municipal or county office receives a majority of the votes cast for the office, there shall be a runoff general election held in that county or municipality three (3) weeks following the date of the general election at which the names of the two (2) candidates receiving the highest number of votes, but not a majority, shall be placed on the ballot to be voted upon by the qualified electors of the county or the municipality, as the case may be.
(b) In the event that two (2) candidates receive the highest number of votes and receive the same number of votes, a tie shall be deemed to exist and the names of the two (2) candidates shall be placed on the runoff general election ballot to be voted upon by the qualified electors of the county or the municipality, as the case may be.
(c) (1) If there is one (1) candidate who receives the highest number of votes, but not a majority of the votes, and two (2) other candidates receive the same number of votes for the next highest number of votes cast, a tie shall be deemed to exist between the two (2) candidates.
(2) The county board of election commissioners shall determine the runoff candidate by lot at a public meeting and in the presence of the two (2) candidates.
(d) If one (1) of the two (2) candidates who received the highest number of votes for an office but not a majority in the general election withdraws prior to certification of the result of the general election, the remaining candidate who received the most votes at the general election shall be declared elected to the office and there shall be no general election runoff.
(e) (1) The person receiving the majority of the votes cast for the office at the runoff general election shall be declared elected.
(2) However, in the event that the two (2) candidates seeking election to the same county or municipal office shall receive the same number of votes in the runoff election, a tie shall be deemed to exist, and the county board shall determine the winner by lot at an open public meeting and in the presence of the two (2) candidates.
(f) (1) For the purposes of this section, the term "municipal officers" shall include officers of cities of the first class and cities of the second class and incorporated towns and shall include aldermen, members of boards of managers, or other elective municipal offices elected by the voters of the entire municipality or from wards or districts within a municipality.
(2) The term "municipal officers" shall not include officers of cities having a city manager form of government.
(3) The provisions of this section shall not be applicable to election of members of the boards of directors and other officials of cities having a city manager form of government.
(g) The provisions of this section are intended to be in addition to and supplemental to the laws of this state pertaining to the election of county and municipal officers at general elections.