united-states us-constitution colorado
How are ties in a US Congressional election dealt with?
<p>Suppose candidates Alice and Bob are running for US House of Representatives in a Colorado district, and are the only people to do so in that district. The final vote tally (after whatever challenges Alice and Bob decide to throw) comes out to a tie. How would the tie be broken?</p>

<p>Election procedures are generally a matter of state law, so the process will be different from one state to the next. In Colorado, the law in question is <a href="https://codes.findlaw.com/co/title-1-elections/co-rev-st-sect-1-11-101/" rel="nofollow noreferrer">Colo. Rev. Stat. § 1-11-101</a>:</p>
<blockquote>
<p>If at any general or congressional vacancy election ... any two or more persons tie for the highest number of votes ... for representative in congress ... <em>the secretary of state shall proceed to determine by lot which of the candidates shall be declared elected</em>.</p>
</blockquote>
<p>The question then becomes how the secretary of state will &quot;determine by lot&quot; who is the winner. As far as I can tell, this process is not established by statute, nor has the secretary of state promulgated any administrative regulations establishing a system for drawing lots. In other states, it typically comes down to something quite random: <a href="http://archive.kucb.org/news/article/breaking-news-bryce-edgmon-wins-coin-toss/" rel="nofollow noreferrer">flipping coins</a>, <a href="https://www.orlandosentinel.com/news/lake/os-mount-dora-winner-to-be-picked-20141202-story.html" rel="nofollow noreferrer">drawing names from a hat</a>, <a href="https://www.nytimes.com/1998/03/08/us/national-news-briefs-a-coin-then-cards-and-finally-a-mayor.html" rel="nofollow noreferrer">dealing poker</a>, etc; I assume the secretary of state could choose any of these.</p>
<p>The answer could be different for other races, though. Both chambers of the General Assembly would vote on a joint ballot to decide a tie in a race for governor, secretary of state, treasurer, or attorney general.</p>
<p>This also assumes that Bob and Alice are facing off in the general election, not the primary. In a primary, tying candidates get to choose their own tiebreaker. If they can't agree on one, the secretary of state chooses by lot.</p>
