By: Cody Brandon
“A tie is like kissing your sister” – the famous phrase widely attributed to Navy football coach Eddie Erdelatz – is emblematic of the American competitive spirit. On my way home from Christmas vacation I scanned through AM radio stations broadcasting in the mountains of western Virginia to listen to the Oklahoma-Georgia College Football Playoff game that refused to end in a tie. The NFL has created a series of 12 tie-breaking procedures that end in a coin toss to determine the winner of a division. One of the most exhilarating legal practices in the NHL is the shootout to break a tie, topped perhaps only by the illegal act of dropping one’s gloves. The Constitution even provides a tie-breaking procedure for the Presidential election in the Twelfth Amendment.
The fact of the matter is that America hates ties. So much so, in fact, that the balance of the Virginia House of Delegates may be decided by drawing a name from a bowl. In light of the country’s general disdain for ties, and the fact that they happen more often than people think, I wondered how states besides Virginia break their ties. Below is a list of tie-breaking procedures by state that explains how the others around the country deal with this issue.
The following procedures may only apply to some, and not all, elections in a given state. So consult an attorney before you leave your election to a coin toss or a hand of poker.
Alabama: By vote of the legislature for executive offices; and by lot for other elections
Alaska: By lot
Arizona: By lot
Arkansas: By vote of the legislature for executive offices; and by runoff for other elections
California: By lot, unless locality has adopted runoff provision
Colorado: By lot
Connecticut: By runoff
Delaware: By appointment of the Governor for county offices; By runoff in municipal elections
Florida: By lot
Georgia: By runoff
Hawaii: By a complicated formula of election rate points
Idaho: Coin toss
Illinois: By lot
Indiana: By special election
Iowa: By drawing from a bowl
Kansas: By lot
Kentucky: By lot
Louisiana: By drawing at the state capitol
Maine: By lot if in a primary; by runoff in most other elections; Negative vote in referendums
Maryland: The Governor must appoint a replacement
Massachusetts: By special election
Michigan: By drawing by the candidates of two slips, one marked “ELECTED,” the other “NOT ELECTED”
Minnesota: By lot
Mississippi: By fair and public drawing
Missouri: By vote of the legislature for statewide elections; by special election for others
Montana: By lot in primary, varying processes in general elections including appointment by Governor
Nebraska: By lot for most elections
Nevada: By vote of the legislature or by lot depending on the office, including one race decided by a card game
New Hampshire: By runoff for local elections
New Jersey: By vote of the legislature in gubernatorial elections; by runoff in local elections
New Mexico: By lot, method of lot determined by statutorily assembled committee
New York: By runoff
North Carolina: In large elections, by new election; but in small, by method of random selection
North Dakota: By drawing in at least some elections
Ohio: By lot
Oklahoma: Draw from a bowl
Oregon: By dice roll in some city elections
Pennsylvania: By lot
Rhode Island: By special election
South Carolina: Governor elected by vote of the legislature; special writ of election issued for legislative races
South Dakota: By drawing
Tennessee: By the State Election Commission, except in any one of numerous exceptions
Texas: By runoff
Utah: By lot
Vermont: By runoff election
Virginia: We should all know this one by now
Washington: By lot
West Virginia: By choice of the governor or board of canvassers, depending on the office
Wisconsin: By lot
Wyoming: By lot
If you notice an error in the procedure in your state, let us know at elect@wm.edu<mailto:elect@wm.edu>