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Important Note: At present, data received from certain states have limitations. For example, in some states, advisory opinions must be published, but informal advisory opinions do not. Wyoming has not published any advisory opinions since 2018. Other states, like Massachusetts or Vermont, limit advisory opinion power to rare instances by statute. Vermont has published twelve advisory opinions in twenty years. As a result, while all fifty states have statutory codes and regulations available, case law is limited to only published decisions in certain states, and advisory opinions are entirely absent in others. The eBenchbook reflects this reality, and as state data improves, the eBenchbook will add it.

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Showing 1 - 50 of 159

Alabama Statute

§ 17-12-22 Results of election of state officers; resolution of tie votes

Code: Title 17: Elections Chapter 12: Canvassing Returns/Declaring Results

Topics: Information Requests and Open Records Record Retention and Confidentiality Responsibilities - Election Officials Certification and Reporting Results Ties

Alabama Statute

§ 17-12-23 How tie vote decided

Code: Title 17: Elections Chapter 12: Canvassing Returns/Declaring Results

Topics: Conflicts of Interest Ties Judicial Elections

Alabama Statute

§ 17-13-21 Tie votes

Code: Title 17: Elections Chapter 13: Primary Elections Article 1: General Provisions

Topics: Primary Elections Ties

Alabama Statute

§ 17-14-35 Tie vote

Code: Title 17: Elections Chapter 14: General Elections Article 2: Elections for Presidential and Vice Presidential Electors

Topics: Certification and Reporting Results Ties U.S. Presidential

Alaska Statute

§ 15.15.350 General procedure for ballot count

Code: Title 15: Elections Chapter 15.15: Elections and Ballots

Topics: Election Observers or Watchers Responsibilities - Election Officials Ties Provisional Voting Voting Equipment and Technology

Alaska Statute

§ 15.15.460 Tie votes

Code: Title 15: Elections Chapter 15.15: Elections and Ballots

Topics: Responsibilities - Election Officials Ties Recounts

Alaska Statute

§ 15.20.430 Authorization of recount application

Code: Title 15: Elections Chapter 15.20: Special Procedures for Elections Article 02: Election Recounts

Topics: Responsibilities - Election Officials Ties Recounts

Alaska Statute

§ 15.20.450 Requirement of deposit

Code: Title 15: Elections Chapter 15.20: Special Procedures for Elections Article 02: Election Recounts

Topics: Ties Recounts

Alaska Statute

§ 15.20.530 Determination of tie votes

Code: Title 15: Elections Chapter 15.20: Special Procedures for Elections Article 02: Election Recounts

Topics: Responsibilities - Election Officials Vote Counting and Canvassing Ties Recounts

Alaska Statute

§ 15.20.560 Judgment of court

Code: Title 15: Elections Chapter 15.20: Special Procedures for Elections Article 03: Election Contests

Topics: Vote Counting and Canvassing Ties Contests or Protests

Arkansas Statute

§ 7-8-304 Delivery and canvass of returns - Tie vote

Code: Title 7: Elections Chapter 8: Federal Elections Subchapter 3: Presidential Electors

Topics: Ties U.S. Presidential

Arkansas Statute

§ 7-10-102 Nonpartisan election of judges, justices, and prosecuting attorneys

Code: Title 7: Elections Chapter 10: Nonpartisan Elections

Topics: Applicability and Scope of Laws Ties Judicial Elections

California Statute

§ 6921 Agreement Among the States to Elect the President by National Popular Vote

Code: Division 6: Presidential Elections Part 2: Elections For Presidential Electors Chapter 1.5: Voting Compact

Topics: Withdrawal Contents and Design Responsibilities - Election Officials Ties U.S. Presidential

California Statute

§ 8142 Tie vote

Code: Division 8: Nominations Part 1: Primary Election Nominations Chapter 1: Direct Primary Article 8: Nominated Candidates

Topics: Ballot Access - Candidate Primary Elections Qualifications - Candidates Ties Judicial Elections

California Statute

§ 10551 Declaration of elected candidates; tie vote

Code: Division 10: Local, Special, Vacancy, And Consolidated Elections Part 4: Uniform District Election Law

Topics: Certification and Reporting Results Ties

California Statute

§ 10706 No candidate receiving majority of votes cast

Code: Division 10: Local, Special, Vacancy, And Consolidated Elections Part 6: Elections To Fill Vacancies Chapter 1: Nomination Of Candidates For Legislative And Congressional Offices At Special Elections

Topics: Ties

California Statute

§ 15640 Request and petition for order directing public recount

Code: Division 15: Semifinal Official Canvass, Official Canvass, Recount, And Tie Vote Procedures Chapter 9: Recount Article 4: Court-ordered Recounts

Topics: Election Security Election Offenses Vote Counting and Canvassing Ties Recounts

California Statute

§ 15651 Tie votes

Code: Division 15: Semifinal Official Canvass, Official Canvass, Recount, And Tie Vote Procedures Chapter 10: Tie Votes Article 1: Elections Other Than Primary Elections

Topics: Responsibilities - Election Officials Vote Counting and Canvassing Ties

California Statute

§ 15652 Certificate of election

Code: Division 15: Semifinal Official Canvass, Official Canvass, Recount, And Tie Vote Procedures Chapter 10: Tie Votes Article 1: Elections Other Than Primary Elections

Topics: Responsibilities - Election Officials Certification and Reporting Results Ties

California Statute

§ 15653 Tie votes for governor or lieutenant governor

Code: Division 15: Semifinal Official Canvass, Official Canvass, Recount, And Tie Vote Procedures Chapter 10: Tie Votes Article 1: Elections Other Than Primary Elections

Topics: Responsibilities - Election Officials Certification and Reporting Results Ties

California Statute

§ 15671 Tie vote for member of county central committee

Code: Division 15: Semifinal Official Canvass, Official Canvass, Recount, And Tie Vote Procedures Chapter 10: Tie Votes Article 2: At Primary Elections

Topics: Certification and Reporting Results Ties

California Statute

§ 15672 Tie vote for office other than judicial or school office

Code: Division 15: Semifinal Official Canvass, Official Canvass, Recount, And Tie Vote Procedures Chapter 10: Tie Votes Article 2: At Primary Elections

Topics: Responsibilities - Election Officials Certification and Reporting Results Ties

California Statute

§ 15673 Mailing of summons

Code: Division 15: Semifinal Official Canvass, Official Canvass, Recount, And Tie Vote Procedures Chapter 10: Tie Votes Article 2: At Primary Elections

Topics: Responsibilities - Election Officials Certification and Reporting Results Ties

California Statute

§ 16401 Verification and filing of statement of contest

Code: Division 16: Elections Contests Chapter 5: Form Of Contest Statement Article 1: General Elections

Topics: Certification and Reporting Results Ties Contests or Protests

California Statute

§ 16701 Annulment of certificate by judgment

Code: Division 16: Elections Contests Chapter 8: Court's Decisions, Judgment, And Determinations Article 1: General Elections

Topics: Ties Contests or Protests

Colorado Statute

§ 1-11-101 Tie votes at partisan elections

Code: Title 1: Elections General, Primary, Recall, and Congressional Vacancy Elections Article 11: Certificates of Election and Election Contests

Topics: Ties

Colorado Statute

§ 1-11-102 Tie votes in nonpartisan elections

Code: Title 1: Elections General, Primary, Recall, and Congressional Vacancy Elections Article 11: Certificates of Election and Election Contests

Topics: Ties

Colorado Statute

§ 1-13.5-1304 Tie - lots - notice to candidates

Code: Title 1: Elections General, Primary, Recall, and Congressional Vacancy Elections Article 13.5: Colorado Local Government Election Code

Topics: Certification and Reporting Results Ties

Connecticut Statute

§ 9-188 First selectman and selectmen. Election procedure. Dual candidacy prohibited. Minority representation; restricted voting. Tie vote

Code: Title 9: Elections Chapter 146: Elections Part II: Particular Officers

Topics: Applicability and Scope of Laws Ties

Connecticut Statute

§ 9-311b Recanvass on tie vote

Code: Title 9: Elections Chapter 148: Election Canvass and Returns

Topics: Responsibilities - Election Officials Vote Counting and Canvassing Ties

Connecticut Statute

§ 9-332 Adjourned election in tie vote. Withdrawal of candidate

Code: Title 9: Elections Chapter 149: Elections and Primaries: Contested

Topics: Withdrawal Responsibilities - Election Officials Ties

Connecticut Statute

§ 9-386 Tie vote on endorsement

Code: Title 9: Elections Chapter 153: Nominations and Political Parties Part III: Nomination of Candidates Subpart A: Major Parties

Topics: Primary Elections Political Parties Ties

Connecticut Statute

§ 9-397 Tie vote on endorsement

Code: Title 9: Elections Chapter 153: Nominations and Political Parties Part III: Nomination of Candidates Subpart A: Major Parties

Topics: Primary Elections Ties

Connecticut Statute

§ 9-446 Tie vote

Code: Title 9: Elections Chapter 153: Nominations and Political Parties Part III: Nomination of Candidates Subpart A: Major Parties

Topics: Primary Elections Responsibilities - Election Officials Ties

Delaware Statute

§ 3172 Calculation of votes; ties

Code: Title 15: Elections Chapter 31: Primary Elections Subchapter IV: Procedure at Polling Places

Topics: Primary Elections Certification and Reporting Results Ties

Delaware Statute

§ 5708 Tie vote; certificate

Code: Title 15: Elections Chapter 57: Canvass of Vote and Proclamation of Results of Election

Topics: Certification and Reporting Results Ties

Georgia Statute

§ 21-2-270 County-wide polling place in certain run-off primaries

Code: Title 21: Elections Chapter 2: Elections and Primaries Generally Article 7: Precincts and Polling Places

Topics: Primary Elections Polling Places Responsibilities - Election Officials Ties Alternative Voting Methods

Georgia Statute

§ 21-2-285.1 Nonpartisan elections ballot form; run-off election; declaration of prevailing candidate as duly elected

Code: Title 21: Elections Chapter 2: Elections and Primaries Generally Article 8: Voting by Paper Ballot

Topics: Contents and Design Responsibilities - Election Officials Certification and Reporting Results Ties Judicial Elections

Georgia Statute

§ 21-2-501 Number of votes required for election; runoff

Code: Title 21: Elections Chapter 2: Elections and Primaries Generally Article 12: Returns

Topics: Responsibilities - Election Officials Ties Special Elections Write-Ins

Hawaii Statute

§ 11-157 In case of tie

Code: Title 2: Elections Chapter 11: Elections, Generally Part X: Vote Disposition

Topics: Responsibilities - Election Officials Ties

Idaho Statute

§ 34-1210 TIE VOTES IN COUNTY ELECTIONS

Code: Title 34: Elections Chapter 12: Canvass of Votes

Topics: Vote Counting and Canvassing Ties

Idaho Statute

§ 34-1216 TIE VOTES - IN STATE OR DISTRICT ELECTIONS

Code: Title 34: Elections Chapter 12: Canvass of Votes

Topics: Vote Counting and Canvassing Ties

Idaho Statute

§ 34-1505 FILLING VACANCIES - TIE VOTE

Code: Title 34: Elections Chapter 15: Presidential Electors

Topics: Ties Electoral College Vacancies

Idaho Statute

§ 34-2022 DETERMINATION OF TIE VOTE

Code: Title 34: Elections Chapter 20: Election Contests Other Than Legislative and State Executive Offices

Topics: Ties Contests or Protests

Illinois Statute

§ 5/7-59 Winning number of votes-Proportional representation-Write-in candidates

Code: Act 5: Election Code Article 7: The Making of Nominations by Political Parties

Topics: Primary Elections Vote Counting and Canvassing Ties

Illinois Statute

§ 5/22-3 Tie vote-Notice to appear for determination by lot

Code: Act 5: Election Code Article 22: Canvassing Votes

Topics: Responsibilities - Election Officials Vote Counting and Canvassing Ties

Illinois Statute

§ 5/22-4 Parties to be present at meeting to determine tie vote

Code: Act 5: Election Code Article 22: Canvassing Votes

Topics: Political Parties Responsibilities - Election Officials Vote Counting and Canvassing Ties

Illinois Statute

§ 5/22-12 Declaration of winners for city or town offices-Tie votes

Code: Act 5: Election Code Article 22: Canvassing Votes

Topics: Responsibilities - Election Officials Vote Counting and Canvassing Ties

Illinois Statute

§ 5/23-27 Finding of tie vote upon recount-Decision by lot

Code: Act 5: Election Code Article 23: Contesting Elections

Topics: Ties Contests or Protests Recounts

Indiana Statute

§ 3-12-4-14 Tie votes

Code: Title 3: Elections Article 12: Ascertaining Results of Elections Chapter 4: Canvassing Returns by County Election Board

Topics: Vote Counting and Canvassing Ties

Showing 1 - 50 of 159