Allowing chance to enter the core of a democratic system seems counterintuitive, although it's widely

recognized today as an electoral tiebreak. In fact, the roots of election by lottery stretch back to ancient
Athens. (Modern-day Americans aren’t the first people to be wary of the method; it was also used by
sorcerers to predict the future. “Sorcery” comes from the Latin sors, meaning “lot.”)

But what are the alternatives? To have an election official decide, as sometimes happens in
Commonwealth countries? To organize an expensive and logistically challenging special election in
which turnout is almost guaranteed to drop?

Ferrary hopes she never has to call it. “I hope it can be decided by the voters,” she said, referring to
next month’s recount. “With so much effort by so many people, it just seems sad that a coin toss can
determine who goes to represent the district.”

Desired Features
The features we need in a process that addresses a tie-breaking scenario are the following:

has to be fair
has to support a remote process
results need to be verifiable (repeatable)
results need to also be random
process needs to severely limit (or remove altogether) the possibility of "gaming" the system
process needs to support multi-way ties

BREAKING A TIE ELECTION VOTE Print Share Report Broken Links

Breaking a tie vote in an election of directors can be done by one of three methods. The ultimate
decision on how to proceed should be made by the inspector of election, who has the responsibility
under Civil Code §5110(c)(8) to “[p]erform any acts as may be proper to conduct the election with
fairness to all members in accordance with this article, the Corporations Code, and all applicable rules
of the association regarding the conduct of the election that are not in conflict with this article.”

Governing Documents. If the Association’s governing documents specify a method for breaking a tie,
then that method should be utilized (provided, of course, that the applicable provision is enforceable).

Flipping a Coin. If the candidates agree, the winner of the seat can be determined by flipping a coin for
two-way ties. In a three-way tie, the candidates (if they agree) can either draw straws or draw a name to
determine the winner. As noted above, any such agreement by the candidates must be approved by the
inspector of election.

Runoff Election. A run-off election may be held between only those candidates who were tied for the
open seat. Nominations are not reopened. Until the tie is resolved, the other newly elected directors
should immediately begin serving their terms (if it can be determined which seats the winners are
entitled to).

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues
affecting community associations, subscribe to the Davis-Stirling Newsletter.-
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