§ 2602k. Recount ties
(a)(1) If a recount of a primary election results in a tie, the provisions of subsection 2369(b) of this title shall apply.
(2) If a recount of a public question results in a tie, a runoff election shall not be held, and the question shall be certified not to have passed.
(3) If a recount of a general election results in a tie, the provisions of this section shall apply, and the court shall order a runoff election to be held, within three weeks of the recount, on a date set by the court.
(b) The only candidates who shall appear on the ballot at the runoff election shall be those who tied in the previous election.
(c) The runoff election shall be considered a separate election for the purpose of voter registration under chapter 43 of this title.
(d) [Repealed.]
(e) Warnings for a runoff election shall be posted as required by subchapter 5 of this chapter, except that the warnings shall be posted not less than 10 days before the runoff election.
(f) The conduct of a runoff election shall be as provided in this chapter for general elections. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1; 2019, No. 67, § 17.)