115.517. Tie vote in general election, procedure to be followed.

MISSOURI STATUTES AND CODES

115.517. Tie vote in general election, procedure to be followed.

Tie vote in general election, procedure to be followed.

115.517. 1. If two or more persons receive an equal numberof votes for election to the office of governor, lieutenantgovernor, secretary of state, state auditor, state treasurer orattorney general, and a higher number of votes than any othercandidate for the same office, the secretary of state shall,immediately after the results of the election have beenannounced, issue a proclamation stating the fact, and the generalassembly shall, by joint vote and without delay at its nextregular session, choose one of such persons for the office. Thespeaker of the house shall file a certificate declaring whichperson has been elected to the office with the secretary ofstate.

2. If two or more persons receive an equal number of votesfor election to federal office, state senator, staterepresentative or circuit judge not subject to the provisions ofarticle V, section 25 of the state constitution, and a highernumber of votes than any other candidate for the same office, thegovernor shall, immediately after the results of the electionhave been announced, issue a proclamation stating the fact andordering a special election to determine which candidate iselected to the office. The proclamation shall set the date ofthe election and shall be sent by the governor to each electionauthority responsible for conducting the special election. Inhis proclamation, the governor shall specify the name of eachcandidate for the office to be voted on at the election, and thespecial election shall be conducted and the votes counted as inother elections.

3. If two or more persons receive an equal number of votesfor nomination or election to any office not otherwise providedfor in section 115.515 or this section, and a higher number ofvotes than any other candidate for nomination or election to thesame office, the officer with whom such candidates filed theirdeclarations of candidacy shall, immediately after the results ofthe election have been certified, issue a proclamation statingthe fact and ordering a special election to determine whichcandidate is elected to the office. The proclamation shall setthe date of the election and shall be sent by the officer to eachelection authority responsible for conducting the specialelection. In his proclamation, the officer shall specify thename of each candidate for the office to be voted on at theelection, and the special election shall be conducted and thevotes counted as in other elections.

4. As an alternative to the procedure prescribed insubsections 1, 2, and 3 of this section, if the candidates whoreceived an equal number of votes in such election agree to theprocedure prescribed in this subsection, the officer with whomsuch candidates filed their declarations of candidacy may, afternotification of the time and place of such drawing given to eachsuch candidate at least five days before such drawing, determinethe winner of such election by lot. Any candidate who receivedan equal number of votes may decline to have his name put intosuch drawing.