§ 7-8-304 - Delivery and canvass of returns -- Tie vote. - Arkansas Statutes

7-8-304. Delivery and canvass of returns -- Tie vote.

(a) The county clerks of the several counties shall make, within eight (8) days next after holding the election as provided in 7-8-302, three (3) copies of the abstract of the votes cast for electors by each political party or group as indicated by the voter as provided in 7-8-302 by a cross in the square to the right of the bracket as specified in 7-8-302 and transmit by mail one (1) of the copies to the Governor, transmit another to the office of the Secretary of State, and retain the third in his or her office to be sent for by the Governor in case both the others should be mislaid.

(b) Within twenty (20) days after the holding of the election, and sooner if all the returns are received by either the Governor or by the Secretary of State, the constitutional officers of this state, or any two (2) of them, shall proceed, in the presence of the Governor, to open and canvass the election returns and to declare which set of candidates for President and Vice President received the highest number of votes so cast, and the candidates' party's electors shall be taken and deemed to be elected as electors of President and Vice President.

(c) Should two (2) or more sets of candidates for President and Vice President be returned with an equal and the highest vote, the Secretary of State shall cause a notice to be published, which notice shall name some day and place not less than five (5) days from the time of the publication of the notice upon which the constitutional officers of this state will decide by lot which of the sets of candidates for President and Vice President so equal and highest shall be declared to be highest. Upon the day and at the place so appointed in the notice, the constitutional officers shall so decide by lot and declare which is deemed highest of the sets of candidates for President and Vice President so equal and highest, thereby determining only that the electors chosen as provided in this subchapter by the candidates' party or group are thereby elected by general ticket to be the electors.