RS 18:1275.14 Repealed by acts 2010, no. 570, §2, eff. jan. 1, 2011.
§1275.14. Second primary; effect of tie vote, withdrawal or death of a candidate
A. In the event that no candidate receives a majority vote in the first party primary, the two candidates from each political party, who received the greatest number of votes in the first party primary shall be voted on in the second party primary.
(1) In the case of a tie vote for first place in the first party primary of a recognized political party, all candidates affiliated with the same political party who received the same highest number of votes qualify for the second party primary.
(2) In the case of a tie vote for second place in the first party primary of a recognized political party, all of the candidates affiliated with the same political party who received the same second highest number of votes and the candidate affiliated with the same political party who received the highest number of votes qualify for the second party primary.
(3) If one of the persons receiving the highest number of votes in the first party primary withdraws his candidacy, dies, or is otherwise disqualified, thereby leaving only one candidate from the same political party in the race, the remaining candidate who has received the highest number of votes for the office for which he was a candidate shall be declared the nominee of the party.
B.(1) The state central committee of a recognized political party may provide for the selection of a nominee in either of the following situations:
(a) When a candidate withdraws after the close of the qualifying period and before the time for closing the polls on the day of the second party primary election, thereby leaving the recognized political party with no nominee.
(b) When a candidate dies after the first party primary election and before the time for closing the polls on the day of the second party primary election, thereby leaving the recognized political party with no nominee.
(2) The state central committee shall provide a notarized notice of the selection of such nominee to the secretary of state, which notice shall be delivered to the secretary of state within ten days of the death or withdrawal or by 4:30 p.m. on the third calendar day after the second party primary election, whichever occurs first.
C. There shall be no third party primary. In the case of a tie vote in the second party primary, the party's nominee for the general election shall be selected by a public drawing of lots conducted by the secretary of state.
Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2007, No. 448, §1; Acts 2008, No. 136, §1, eff. June 6, 2008.