[Adopted 6-4-2018 by Ord. No. 2018-04]
In the event that an election for the office of Mayor or for
the office of Councilmember results in a tie vote, the Board of Supervisors
of Elections shall hold a special election.
A. The election shall be held within 60 days of the election which resulted
in a tie vote.
B. The only candidates in the special election shall be the candidates
who received an equal number of votes cast in the regular election,
and for which no other candidate received a greater number of votes
cast for the office or Council seat that resulted in a tie.
C. The special election shall be conducted in the same manner, as far
as practicable, as regular Town elections as set forth in Article
VI of the Town Charter.
D. The candidate that receives the highest number of votes in the special
election shall be declared elected.
E. In the event the special election results in a tie, within 10 days
of the special election, the Chairman of the Board of Supervisors
of Elections, or a member of the Board of Supervisors of Elections,
or a member of the Board designated by the Chairman, shall conduct
a coin flip at the Town office. Both candidates shall be given reasonable
advance notice of the date and time of the coin flip. The coin shall
be United States currency which may be in any denomination. Immediately
prior to the tossing of the coin in the air, the special election
candidate who was the first to file as a candidate in the regular
election that resulted in a tie shall select "heads" or "tails." If
the coin toss results in the side of the coin selected by the calling
candidate, then that candidate shall be declared elected. If the coin
toss results in the side of the coin that was not selected by the
calling candidate, then the candidate who did not select shall be
declared elected. In the event that the candidate who was the first
to file does not select "heads" or "tails," then the other candidate
shall select. If neither candidate is able or willing to select, then
the Board of Supervisors shall select "heads" or "tails" on behalf
of the candidates.
F. In the event that there are more than two candidates who received the highest number of votes cast in the special election, the second and third candidates to file shall participate in a coin flip to determine the candidate who shall participate in a coin flip with the first candidate to file. The procedure of the coin flip shall be the same as those set forth in Subsection
E. above. The Board of Supervisors of Elections shall adopt substantially similar procedures for coin flips in the event that more than three candidates tie in the special election.