(a) No later than the Monday before the first Friday in December the county elections official shall declare the elected candidate or candidates. If there is but one person to be elected to an elective office, the candidate receiving the highest number of votes cast for the candidates for that office shall be declared elected. If there are two or more persons to be elected to an elective office, those candidates equal in number to the number to be elected who receive the highest number of votes for the office shall be declared elected.

(b) If a tie vote makes it impossible to determine which of two or more candidates has been elected, the county elections official shall notify the governing body of the district thereof, and the governing body shall forthwith notify the candidates who have received the tie votes to appear before it either personally or by representative at a time and place designated by the governing body. The governing body shall, at that time and place, determine the tie by lot and the results thereof shall be declared by the governing body. The candidate so chosen shall qualify, take office and serve as though elected at the preceding general district election.

Terms Used In California Elections Code 10551

  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Elections official: means any of the following:

    California Elections Code 320

  • Elective office: means any office that may, under the principal act of the district or agency, be filled by way of an election. See California Elections Code 10500
  • General district election: means an election held pursuant to the provisions of this part. See California Elections Code 10500
  • Governing body: means the board of directors of a district or agency or the board or body which governs the activities of the district or agency. See California Elections Code 10500

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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