Sec. 9-332. Adjourned election in tie vote. Withdrawal of candidate.
Sec. 9-332. Adjourned election in tie vote. Withdrawal of candidate. If the electors fail to choose a candidate for any office by reason of an equality of votes at any
election, and no provision is otherwise made by law for the election of a candidate to
such office, such election shall stand adjourned for three weeks at the same hour at
which the first election was held. Ballot labels of the same form and description as
described in sections 9-250 to 9-256, inclusive, except that such ballot labels shall contain only the names of the candidates for whom the same are to be voted, shall be used
in the election on such adjourned day, and the election shall be conducted in the same
manner as on the first day, except that the votes shall be cast for such officer only. Ballot
labels for such election shall be provided forthwith by the clerk of the municipality
wherein such election stands adjourned, and such clerk shall furnish the Secretary of
the State with an accurate list of all candidates to be voted for at such adjourned election.
The clerk of the municipality wherein such election so stands adjourned shall, at least
three days prior to the day of such adjourned election, give notice of the day, hours,
place and purpose thereof by publishing such notice in a newspaper published in such
municipality or having a circulation therein. No such election shall be held if prior to
such election all but one of the candidates for such office die, withdraw their names or
for any reason become disqualified to hold such office, and, in such event, the remaining
candidate shall be deemed to be lawfully elected to such office. No withdrawal shall be
valid until the candidate who has withdrawn has filed a letter of withdrawal signed by
such candidate with the Secretary of the State or, in the case of a municipal office,
until the candidate who has withdrawn has filed a letter of withdrawal signed by such
candidate with the municipal clerk. When such an election is required to be held under
the provisions of this section for any office other than a municipal office, and prior to
such election all but one of the candidates for such office die, withdraw their names or
for any reason become disqualified to hold such office, the Secretary of the State shall
forthwith notify the clerk of each municipality wherein such election was to have been
held of such fact, and shall forthwith direct each such clerk that such election shall not
be held. In the case of a multiple opening office only the names of those candidates
whose votes are equal shall be placed on the ballot label of the adjourned election.
(1949 Rev., S. 1085; 1953, S. 808d; 1959, P.A. 50; 1961, P.A. 259; P.A. 80-281, S. 15, 31; P.A. 95-88, S. 8.)
History: 1959 act provided for three days notice of new day, hours, place and purpose of adjourned election; 1961 act
provided that election not be held when all candidates but one have died, withdrawn, or become disqualified; P.A. 80-281
changed from one to two weeks the time in which the election stands adjourned and further provided that in the case of a
multiple opening office only names of candidates whose votes are equal shall be placed on ballot; P.A. 95-88 changed
time an election stands adjourned from two to three weeks.
See Sec. 9-173 re plurality vote required for election.
See Sec. 9-188 re tie vote in election of first selectman.
See Sec. 9-218 re tie vote in election of probate judge.
See Sec. 9-315 re tie vote in election of presidential electors.
Moderator, town clerk and selectman have no power to make this statute effective and mandamus does not lie against
them. 130 C. 717.