Request By:
Honorable Fred S. Tarter
Mayor
City of Russell Springs
P.O. Box 247
Russell Springs, Kentucky 42642
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman Asst. Deputy Attorney General
This is in response to your letter of November 15 in which you seek an opinion as to the method by which a city council election would be settled where two candidates received the same number of votes.
Where two candidates tie with respect to the votes cast at a November election for a particular office, such as city council, the county board of election must determine the winner by lot under the terms of KRS 118.425(2) which reads in part as follows:
". . . If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected."
In case of a tie vote the board should notify the two candidates involved to give them an opportunity to be present and participate in the drawing.