The Arizona Revised Statutes have been updated to include the revised sections from the 54th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 54th Legislature, 2nd Regular Session, which convenes in January 2020.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
16-649 - Determination of tie vote; notice to candidates; exception
16-649. Determination of tie vote; notice to candidates; exception
A. If two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate, whether upon the canvass by the secretary of state or the county board of supervisors, or upon recount by a court, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected.
B. Ten days' previous notice shall be given to candidates for state offices, and five days' previous notice shall be given to candidates for other offices, of the time and place of determining the election by lot, by the officer or board whose duty it is to declare the result of the election.
C. The provisions of this section shall not apply to candidates for the executive offices of the state as defined by the constitution.
D. A ballot issue that ends in a tie vote is deemed to have failed.
E. The official subject to a recall shall be certified the winner if the recall election ends in a tie vote.