115.515. Tie vote in primary election, procedure to be followed.

MISSOURI STATUTES AND CODES

115.515. Tie vote in primary election, procedure to be followed.

Tie vote in primary election, procedure to be followed.

115.515. 1. If two or more persons receive an equal number of votes fornomination as a party's candidate for any federal office, governor, lieutenantgovernor, secretary of state, attorney general, state treasurer, stateauditor, circuit judge not subject to the provisions of article V, section 29*of the state constitution, state senator or state representative, and a highernumber of votes than any other candidate for the same office on the same partyballot, the governor shall, immediately after the results of the election havebeen announced, issue a proclamation stating the fact and ordering a specialprimary election to determine the party's nominee for the office. Theproclamation shall set the date of the election, which shall be not less thanfourteen or more than thirty days after the proclamation is issued, and shallbe sent by the governor to each election authority responsible for conductingthe special primary election. In his proclamation, the governor shall specifythe name of each candidate for the office to be voted on at the election, andthe special primary election shall be conducted and the votes counted as inother primary elections.

2. If two or more persons receive an equal number of votes fornomination as a party's candidate for any other office, except partycommitteeman or committeewoman, and a higher number of votes than any othercandidate for the same office on the same party ballot, the officer with whomsuch candidates filed their declarations of candidacy shall, immediately afterthe results of the election have been certified, issue a proclamation statingthe fact and ordering a special primary election to determine the party'snominee for the office. The proclamation shall set the date of the election,which shall be not less than fourteen or more than thirty days after theproclamation is issued, and shall be sent by the officer to each electionauthority responsible for conducting the special primary election. In hisproclamation, the officer shall specify the name of each candidate for theoffice to be voted on at the election, and the special primary election shallbe conducted and the votes counted as in other primary elections.

3. As an alternative to the procedure prescribed in subsections 1 and 2of this section, if the candidates who received an equal number of votes insuch election agree to the procedure prescribed in this subsection, theofficer with whom such candidates filed their declarations of candidacy may,after notification of the time and place of such drawing given to each suchcandidate at least five days before such drawing, determine the winner of suchelection by lot. Any candidate who received an equal number of votes maydecline to have his name put into such drawing.