§ 7-5-106 — Runoff elections for county and municipal officers - Definition

(a) (1) If there are more than two (2) candidates for election to any county elected office, including the office of justice of the peace, at any general election held in this state and no candidate for the county elected office receives a majority of the votes cast for the county elected office, there shall be a runoff general election held in that county four (4) weeks following the date of the general election at which the names of the two (2) candidates receiving the highest number of votes, but not a majority, shall be placed on the ballot to be voted upon by the qualified electors of the county. (2) (A) The following procedure will govern if there are more than two (2) candidates for election to any municipal office at any general election held in this state in which no candidate for the municipal office receives either: (i) A majority of the votes cast; or (ii) A plurality of forty percent (40%) of the votes cast. (B) (i) A candidate who receives a plurality of forty percent (40%) of the votes cast must obtain at least twenty percent (20%) more of the votes cast than the second-place candidate for the municipal office to avoid a runoff general election against the second-place candidate. (ii) If required, the runoff general election between the two (2) candidates shall be held in that municipality four (4) weeks following the date of the general election with the names of the two (2) candidates placed on the ballot to be voted upon by the qualified electors of the municipality. (b) If two (2) candidates receive the highest number of votes and receive the same number of votes, a tie is deemed to exist and the names of the two (2) candidates shall be placed on the runoff general election ballot to be voted upon by the qualified electors of the county or the municipality, as the case may be. (c) (1) If there is one (1) candidate who receives the highest number of votes, but not a majority of the votes, and two (2) other candidates receive the same number of votes for the next highest number of votes cast, a tie is deemed to exist between the two (2) candidates. (2) The county board of election commissioners shall determine the runoff candidate by lot at a public meeting and in the presence of the two (2) candidates. (d) If one (1) of the two (2) candidates who received the highest number of votes for a county elected office or a municipal office but not a majority of the votes in a county for a county elected office or either a majority or both forty percent (40%) of the votes cast and at least twenty percent (20%) more of the votes cast than the second-place candidate in a municipality for a municipal office in the general election withdraws before certification of the result of the general election, the remaining candidate who received the most votes at the general election shall be declared elected to the county elected office or municipal office and there shall be no runoff general election. (e) (1) The person receiving the majority of the votes cast for the county elected office or municipal office at the runoff general election shall be declared elected. (2) However, if the two (2) candidates seeking election to the same county elected office or municipal office receive the same number of votes in the runoff general election, a tie is deemed to exist, and the county board of election commissioners shall determine the winner of the runoff general election by lot at an open public meeting and in the presence of the two (2) candidates. (f) (1) As used in this section, "municipal office" means offices of cities of the first class and cities of the second class and incorporated towns and includes the offices of council members, members of boards of managers, or other elective municipal offices elected by the voters of the entire municipality or from wards or districts within a municipality. (2) "Municipal office" does not include offices of cities having a city manager form of government. (g) This section does not apply to election of members of the boards of directors and other officials of cities having a city manager form of government. (h) This section is intended to be in addition to and supplemental to the laws of this state pertaining to the election of officers for county elected offices and municipal offices at general elections.

Legislative History

Amended by Act 2019, No. 207,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1104,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 879,§ 1, eff. 8/1/2017. Acts 1983, No. 909, §§ 1, 2; A.S.A. 1947, §§ 3-616, 3-617; Acts 1991, No. 53, § 1; 1997, No. 451, § 3; 1999, No. 554, § 1; 2003, No. 1165, § 3; 2007, No. 1049, § 14; 2011, No. 1211, § 1.