§ 7-9-305 — Election and certification of delegates

(a) The county board of election commissioners shall include on the general election ballots the names of all candidates for delegate to the constitutional convention as certified by the Secretary of State. (b) (1) The candidate receiving a majority of the votes for a particular position in the general election shall be declared elected as a delegate to the convention. (2) (A) In the event that more than two (2) candidates are seeking a particular delegate position and no candidate receives a majority of the votes cast for all candidates for the position, the names of the two (2) candidates receiving the highest number of votes for the position shall be certified to a special runoff election that shall be held by the respective county board of election commissioners of the district four (4) weeks from the day on which the general election is held. (B) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law. (3) A tie vote for a delegate position in the special runoff election shall be determined by drawing lots in the presence of the circuit court of the county within ten (10) days from the date of the election. (c) The results of the election of delegates at the general election or at a special runoff election held for delegate positions shall be certified to the Secretary of State along with the other election results as is now provided by law.

Legislative History

Amended by Act 2017, No. 1104,§ 5, eff. 8/1/2017. Acts 1968 (1st Ex. Sess.), No. 42, § 5; A.S.A. 1947, § 2-108; Acts 1993, No. 512, § 11; 2007, No. 1020, § 19.