When two or more candidates for the same office, after a full recount of votes, have an equal and the highest number of votes:
For election to state Senator or Representative, a party office, or a public office for which the elections officer is other than the Secretary of State, the elections officer shall have the candidates meet publicly to decide by lot who is elected.
For election to a public office other than Governor or those referred to in subsection (1) of this section, the Secretary of State by proclamation shall order a new election to fill the office.
For election to Governor, the Legislative Assembly at the beginning of the next regular session shall meet jointly and elect one of the candidates.
For nomination by one major political party to an office, the elections officer who receives filings for nomination to the office shall have the candidates meet publicly to decide by lot who is nominated. [1979 c.190 §279; 2001 c.965 §43]