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Guest Marybeth

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Hello,

 

Being Pro Active- I have a scenario I cannot seem to find a clear answer on so I hope someone can help me here.  There is a 9 member school board. One of the board members has stepped down from her position leaving 8 members. There are 2 people interested in filling the vacant seat. The remaining 8 member are interviewing and voting on a decision. Discussion (rumor mill )  prior to this special meeting seem to have a divided board . IF the vote comes out to be split in half 4/4, how do they move forward? There is not a committee so we do not have a chair. The board president in part of the original 4. 

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Yes, that is what I thought after reading.  I was hoping to get a different option because they will be there all night.  Is that really the only way? It doesn't really seem fair to the candidates because it just seems like they will keep voting to break someone down.

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On 2/2/2024 at 4:48 PM, Guest Marybeth said:

Is that really the only way?

On 2/3/2024 at 6:29 AM, Josh Martin said:

Yes.

Actually, there is another way if the candidates agree. The tie could[d be broken by an agreed upon random method (e.g., coin flip or card draw.) But again, the candidates would have to agree. 

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Well, not knowing what statutory provisions may be in play, here, I think we should be a little slow to say that balloting is the only way.  I do know of cases where a tie in an election has been settled by the flip of a coin.  The board member might wish to consult with the board's legal counsel to determine whether, under the relevant law, there may be some other way to finish off the election.

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On 2/2/2024 at 5:22 PM, Guest Marybeth said:

IF the vote comes out to be split in half 4/4, how do they move forward?

Unless state (or local) law provides an alternative, you do as Mr. Martin said and keep voting until someone wins (alternate names may be proposed, also) or, if the candidates agree, do as Mr. Merritt suggested and settle the matter by chance such as the toss of a coin.

FWIW, and in line with Mr. Elsman's statement, I am aware of a situation where a county council was to fill a vacancy but remained deadlocked on the two candidates with a tie vote.  In this case, state law provided that if the council was unable to fill the vacancy within a certain number of days, the Governor could make the appointment.  The council remained deadlocked so the Governor made the appointment.

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