Committee backs bill to require runoff if two-candidate race ends in a tie

The House Campaigns, Constitutions and Elections Committee on Thursday gave a favorable report to Senate Bill 42, which the sponsor said would require a runoff when a municipal race with only two candidates ends in an exact tie.

The sponsor told the committee that a mayoral race in Guntersville ended in an exact tie and that state code contained contradictory language about how to proceed when only two candidates are on the ballot. "This just clarifies that even if there's 2 candidates in the race, if it ends in a tie after the first vote, that there would be a runoff election for that position," the sponsor said, recounting the local example and the legal confusion that followed.

Committee members asked whether the bill assumes a runoff will already be scheduled and whether the council could instead appoint a winner. The sponsor said the measure is intended to remove ambiguity and prevent situations where local officials and attorneys must interpret conflicting provisions of state law. The sponsor added that in the Guntersville case, after provisional ballots were counted the contest went to a runoff that produced a winner.

A committee member urged simplifying the statute further to allow council appointment in some cases; the sponsor said the change is deliberate to keep the decision with voters when feasible and to avoid placing councils in the position of appointing winners in contested races.

A voice vote was held; the chair declared "the ayes have it," and the bill was reported favorably by the committee.

The committee did not record roll-call tallies or movers and seconders for the motion in the transcript; the motion to give the bill a favorable report was made and seconded on the record. The bill will proceed according to the House's committee-referral process.