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.
Structure Code of Alabama
Chapter 12 - Canvassing Returns/declaring Results.
Section 17-12-1 - Conclusion of Voting; Locking of Equipment; Certificates of Result.
Section 17-12-2 - Statements of Results.
Section 17-12-4 - Procedures Upon Malfunction of Equipment.
Section 17-12-5 - Retest of Equipment.
Section 17-12-6 - Counting Upon Close of Polls.
Section 17-12-7 - Preservation of Ballots by Sheriff.
Section 17-12-9 - Delivery of Certificates to Judge of Probate; Forwarding to Secretary of State.
Section 17-12-10 - Posting of Certificate of Result.
Section 17-12-11 - Returns of Election - How Made; Duty of Judge of Probate.
Section 17-12-12 - Returns of Election - Sealing, Delivery, and Disposition of Records.
Section 17-12-13 - Procedure; Improperly Marked Ballots.
Section 17-12-14 - Ballots to Be Counted, Labeled, Sealed, and Delivered to Returning Officer.
Section 17-12-15 - Time and Manner of Canvassing.
Section 17-12-16 - Certification of Results.
Section 17-12-17 - Canvass of Election Returns by State Officials.
Section 17-12-18 - Governor Proclaims Result of Certain Elections.
Section 17-12-19 - Returns of Election of State Officers.
Section 17-12-20 - List of Registered Voters Open to Inspection.
Section 17-12-21 - Certificates of Election to Members of Congress and Legislators.
Section 17-12-22 - Results of Election of State Officers; Resolution of Tie Votes.
Section 17-12-23 - How Tie Vote Decided.