THIS SECTION WAS AMENDED BY ACT 2022-337 IN THE 2022 REGULAR SESSION, EFFECTIVE APRIL 13, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
In all elections where there is a tie between the two highest candidates for the same office, for all county or precinct offices, it shall be decided by lot by the judge of probate of the county in the presence of the candidates; and in the case of the office of circuit judge, senator, representative, or any state officer not otherwise provided for, the Secretary of State shall, in the presence of the Governor, and such other electors as may choose to be present, decide the tie by lot.
Any judge of probate who is a candidate in the race in which there is a tie or openly participated in the promotion of candidates in the election which resulted in a tie shall not decide the outcome of the election. The presiding circuit court judge in the county shall replace the probate judge and break the tie by lot.