Tie Votes

Training for: Legal Notes

If there’s a tie vote between candidates at a traditional “open” town meeting, the way to resolve it is obvious – keep voting until there’s a winner. (Note that in towns of 4,000 or less, a majority vote is required; in towns of more than 4,000, a plurality suffices, see 30-A M.R.S.A. § 2526.) If continued voting fails to produce a winner, a vacancy for failure to elect is the result. The vacancy must then be filled either by special election or by appointment, depending on the office.

But what about a tie vote in a secret ballot election? Here, Maine law requires a separate run-off election to determine the winner, unless all but one tied candidate withdraws. (Note that in a secret ballot election, a plurality is sufficient to win regardless of the town’s population.)

According to 30-A M.R.S.A. § 2528(10), in case of a tie in a secret ballot election, the meeting must be adjourned to a date certain, or if the meeting is finally adjourned before the tie is discovered, a new meeting must be called for a run-off election. In either case a new warrant must be signed and posted in the same manner as for regular town meeting warrants.

The law does not prescribe a date for the run-off election, but we recommend at least 40 days after the original vote because (1) tied candidates can withdraw within seven days after the tie is declared, and (2) absentee ballots must be available for at least 30 days before the run-off election.

In order to withdraw, a candidate must submit a signed, notarized notice of withdrawal within the seven-day period. If all but one tied candidate withdraws, the remaining candidate is declared the winner and sworn into office. But if two or more tied candidates remain, a run-off election must be held. The run-off election is limited, of course, to the tied candidates, and no new nominees are permitted (although write-in votes are allowed).

For more on tie votes, see MMA’s Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)

If there’s a tie vote between candidates at a traditional “open” town meeting, the way to resolve it is obvious – keep voting until there’s a winner. (Note that in towns of 4,000 or less, a majority vote is required; in towns of more than 4,000, a plurality suffices, see 30-A M.R.S.A. § 2526.) If continued voting fails to produce a winner, a vacancy for failure to elect is the result. The vacancy must then be filled either by special election or by appointment, depending on the office.

But what about a tie vote in a secret ballot election? Here, Maine law requires a separate run-off election to determine the winner, unless all but one tied candidate withdraws. (Note that in a secret ballot election, a plurality is sufficient to win regardless of the town’s population.)

According to 30-A M.R.S.A. § 2528(10), in case of a tie in a secret ballot election, the meeting must be adjourned to a date certain, or if the meeting is finally adjourned before the tie is discovered, a new meeting must be called for a run-off election. In either case a new warrant must be signed and posted in the same manner as for regular town meeting warrants.

The law does not prescribe a date for the run-off election, but we recommend at least 40 days after the original vote because (1) tied candidates can withdraw within seven days after the tie is declared, and (2) absentee ballots must be available for at least 30 days before the run-off election.

In order to withdraw, a candidate must submit a signed, notarized notice of withdrawal within the seven-day period. If all but one tied candidate withdraws, the remaining candidate is declared the winner and sworn into office. But if two or more tied candidates remain, a run-off election must be held. The run-off election is limited, of course, to the tied candidates, and no new nominees are permitted (although write-in votes are allowed).

For more on tie votes, see MMA’s Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)