Sec. 9-446. Tie vote.
Sec. 9-446. Tie vote. (a) If two or more candidates obtain the same number of votes
at a primary held to nominate candidates for a state or district office, and a tie vote
thereby occurs, any of such candidates, or the state chairman of the political party, may
apply for a recanvass of the returns in the manner provided in section 9-445. If no such
application is made, or if any such recanvass results in a tie vote, such primary shall
stand adjourned for three weeks at the same hour at which the first primary was held.
Ballot labels of the same form and description as described in section 9-437 shall be
used in the primary on such adjourned day, and the primary shall be conducted in the
same manner as on the first day, except that the votes shall be cast for such office
only. Ballot labels for such primary shall be provided forthwith by the clerk of each
municipality wherein such primary stands adjourned, and each such clerk shall furnish
the Secretary of the State with an accurate list of all candidates to be voted for at such
adjourned primary. The clerk of each municipality in the state or the district, whichever
is applicable, wherein such primary so stands adjourned shall, at least three days prior
to the day of such adjourned primary, 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 primary shall be held if prior to such primary 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 voted upon as the candidate for 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shall be valid until the candidate who has withdrawn has filed a letter of withdrawal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. When such a primary is required
to be held under the provisions of this section and prior to such primary 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
municipal clerk of such fact, and shall forthwith direct the clerk that such primary 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 primary. If
such second primary results in a tie vote, the Secretary of the State, in the presence
of not fewer than three disinterested persons, and after notification to the candidates
obtaining the same number of votes and the chairperson of the state central committee
of the party holding the primary of the time when and the place where such tie vote is
to be dissolved, shall dissolve such tie vote by lot. The Secretary of the State shall
execute a certificate attesting to the result of the dissolution of such tie vote, and the
person so certified or the slate so certified as having been chosen by lot shall be deemed
to have received a plurality of the votes cast and shall be deemed to have been chosen
as the nominee of such party to such office.
(b) If two or more candidates obtain the same number of votes at a primary held to
nominate candidates for a municipal office or to elect members of a town committee,
or if two or more slates of candidates obtain the same number of votes at a primary held
for justices of the peace, and a tie vote thereby occurs, any of such candidates, or the
town chairman of the political party, may apply for a recanvass of the returns in the
manner provided in section 9-445. If no such application is made, or if any such recanvass
results in a tie vote, such primary shall stand adjourned for three weeks at the same hour
at which the first primary was held. Ballot labels of the same form and description as
described in section 9-437 shall be used in the primary on such adjourned day, and the
primary shall be conducted in the same manner as on the first day, except that the votes
shall be cast for such office only. Ballot labels for such primary shall be provided forthwith by the clerk of the municipality wherein such primary 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 primary. The clerk of the municipality wherein such primary
so stands adjourned shall, at least three days prior to the day of such adjourned primary,
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 primary shall be held if prior to such primary 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 voted upon
as the candidate for 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 municipal clerk. When such a primary is required to be held under the provisions of this section
and prior to such primary 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 municipal clerk of such fact, and shall forthwith
direct the clerk that such primary 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 primary. If such second primary results in a tie vote, the
registrar, in the presence of not fewer than three disinterested persons, and after notification to the candidates obtaining the same number of votes and the chairperson of the
town committee of the party holding the primary of the time when and the place where
such tie vote is to be dissolved, shall dissolve such tie vote by lot. The registrar shall
execute a certificate attesting to the result of the dissolution of such tie vote, and the
person so certified or the slate so certified as having been chosen by lot shall be deemed
to have received a plurality of the votes cast and shall be deemed to have been chosen
as the nominee of such party to such office.
(June, 1955, S. 606d; November, 1955, S. N91; 1958 Rev., S. 9-119; 1963, P.A. 17, S. 71; 225, S. 2; P.A. 03-241, S.
50; P.A. 07-194, S. 46.)
History: 1963 acts restated previous provisions and added provisions re recanvass; P.A. 03-241 removed slates of
delegate candidates from application of section and applied tie vote provisions to slates of candidates for "justices of the
peace", effective January 1, 2004, and applicable to primaries and elections held on or after that date; P.A. 07-194 divided
existing provisions into Subsecs. (a) and (b), deleted former provisions re dissolving of tie vote by lot and added provisions
re adjourned primary and re holding of new primary in the event of a tie vote.