§ 26-8-122. Determination of successful party impossible - Procedure - Governor to call special election.

In the event, after a hearing is conducted, it is deemed impossible to determine who should be certified as the party's nominee or to whom a certificate of election shall be issued, or which candidates are entitled to have their names appear on the Runoff Primary Election ballot, the judge shall notify the appropriate election board secretary of same.  It shall then be the duty of the election board secretary to notify the Governor of said decision.  The Governor shall then order a new election to be conducted as soon as is practicable in the same manner as the contested election, with the identical candidates, provided that any candidate upon whom fraud has been proved shall not be a candidate in the new election.  Provided further, the above shall not apply to elections resulting in tie votes, which elections shall be determined as provided by law.

Added by Laws 1974, c. 153, § 8-122, operative Jan. 1, 1975.