§ 2369 — Determining winner; tie votes

(a) A person who receives a plurality of all the votes cast by a party in a primary shall be a candidate of that party for the office designated on the ballot.
(b)(1) If, after the period for requesting a recount under section 2602 of this title has expired, no candidate has requested a recount and two or more candidates of the same party are tied for the same office, or if the results of any recount result in a tie, the choice among those tied shall be determined upon five days’ notice and not later than 10 days following the primary election by the committee of that party, which shall meet to nominate a candidate from among the tied candidates. The committee that nominates a candidate shall be as follows:
(A) the State committee of a party for a State or congressional office;
(B) the senatorial district committee for State Senate;
(C) the county committee for county office; or
(D) the representative district committee for a Representative to the General Assembly.
(2) The committee chair shall certify the candidate nomination for the general election to the Secretary of State within 48 hours of the nomination. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 5, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 70; 2017, No. 50, § 13; 2019, No. 67, § 10.)