§ 163-182.8. Determining result in case of a tie. - North Carolina Statutes

§ 163‑182.8.  Determining result in case of atie.

If the count, upon completion of canvass by the proper board ofelections, shows a tie vote other than in a primary, the tie shall be resolvedas follows:

(1)        If more than 5,000 voters cast official ballots in theballot item, the State Board of Elections shall order a new election in whichonly the candidates or positions tied will be on the official ballot. The StateBoard of Elections shall set the schedule for publication of the notice,preparation of absentee official ballots, and the other actions necessary toconduct the election. Eligibility to vote in the new election shall bedetermined by the voter's eligibility at the time of the new election.

(2)        If 5,000 or fewer voters cast official ballots in the ballotitem, the board of elections with jurisdiction to certify the election shallbreak the tie by a method of random selection to be determined by the StateBoard of Elections. (2001‑398, s. 3.)