Article 1. Elections Other Than Primary Elections of California Elections Code >> Division 15. >> Chapter 10. >> Article 1.
This article does not apply to any primary election.
(a) If at any election, except as provided in subdivision
(b) and an election for Governor or Lieutenant Governor, two or more
persons receive an equal and the highest number of votes for an
office to be voted for in more than one county, the Secretary of
State shall forthwith summon the candidates who have received the tie
votes, whether upon the canvass of the returns by the Secretary of
State or upon recount by a court, to appear before him or her at the
Secretary of State's office at the State Capitol at a time to be
designated by him or her. The Secretary of State shall at that time
and place determine the tie by lot. Except as provided in subdivision
(b), in the same manner, at a time and place designated by it, the
election board shall determine a tie vote, whether upon the canvass
of the returns by the election board or upon a recount by a court,
for candidates voted for wholly within one county or city.
(b) In lieu of resolving a tie vote by lot as provided in
subdivision (a), the legislative body of any county, city, or special
district not subject to the Uniform District Election Law (Part 4
(commencing with Section 10500) of Division 10) may resolve a tie
vote by the conduct of a special runoff election involving those
candidates who received an equal number of votes and the highest
number of votes.
A special runoff election shall be held only if the legislative
body adopts the provisions of this subdivision prior to the conduct
of the election resulting in the tie vote. If a legislative body
decides to call a special runoff election in the event of a tie vote,
all future elections conducted by that body shall be resolved by the
conduct of a special runoff election, unless the legislative body
later repeals the authority for the conduct of a special runoff
If a special runoff election is held pursuant to this subdivision,
the legislative body shall call for the runoff election to be held
in the local entity on a Tuesday not less than 40 nor more than 125
days after the administrative or judicial certification of the
election that resulted in a tie vote. If a regular election is to be
held throughout the jurisdiction within that time period, the special
runoff election shall be held on the same day as, and consolidated
with, the regular election.
If the tie vote has been determined pursuant to Section
15651, the person declared elected by the Secretary of State or the
election board is entitled to a certificate of election. The
Secretary of State, the county elections official or the city
elections official, whichever the case may be, shall immediately make
out and deliver to that person a certificate of election.
When two or more persons have an equal and highest number of
votes for either Governor or Lieutenant Governor, the Secretary of
State shall deliver a certificate to that effect to each of the tied
candidates. Each tied candidate may present the certificate to the
Legislature in the manner that he or she sees fit.
In case any two or more persons have an equal and highest
number of votes for either Governor or Lieutenant Governor, the
Legislature shall, by a joint vote of both houses, choose one of the
persons to fill the office.