Ties
Two candidates, same number of votes. Here is what your board is actually required to do next.
A tie vote in a board election is not broken by the chair casting a deciding vote. Under Robert's Rules of Order, a tie means the election failed, and the group must vote again, unless the bylaws set a tiebreaker in advance, such as drawing lots or flipping a coin.
The chair doesn't decide
Picture two candidates tied for the last open board seat: the tabulated ballots come back six votes each. Someone suggests the board president just pick one so the meeting can move on, or that whoever has served longer should get the seat. Neither is how a tie works. Robert's Rules of Order, the parliamentary standard many bylaws name to fill the gaps state election law and an association's own governing documents leave open, treats a tied ballot as no result at all, not a decision for the presiding officer to make on the spot.
"A tie vote in an election means that another election must be held."
Source: Tie vote fails, Jurassic Parliament
What happens next: you vote again
When the count comes back tied, the fix is another round of balloting, not a coin toss improvised at the podium and not a deciding vote from whoever is presiding. The tied candidates stay in the running, and the group ballots again until one candidate has more votes than the other. This is different from a close but unequal result. A margin of one vote is not a tie, and nothing in the sources behind this Course establishes a standard recount trigger or method for a near miss like that. If your board wants a recount process for close, non-tied results, that has to come from your own governing documents or a written policy adopted before a dispute arises, not invented in the moment. See Recounts.
Bylaws can set a tiebreaker, but only in advance
An association is free to skip the revote entirely, but only if its bylaws already say so before the tie happens. Robert's Rules recognizes lot based methods for exactly this purpose.
"flipping a coin, drawing the long straw, or putting names in a hat."
Source: Tie vote fails, Jurassic Parliament
A board cannot adopt this shortcut mid meeting once the tie is already in front of it. The method has to be sitting in the bylaws beforehand, the same way any other bylaw provision would be, through whatever amendment process your association's documents require.
Check your bylaws and your state before you assume this applies
None of the state election statutes examined for this Course spell out a tie breaking rule of their own. That means a Robert's Rules default like this one is likely to control, but only if your bylaws actually name Robert's Rules as the parliamentary authority, and only if your own bylaws don't already set a different tiebreaker. Check both documents before your next close election, and don't assume the answer is the same everywhere.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
Your board election ends in a dead tie between two candidates for the last seat. Under Robert's Rules, what happens?
Your bylaws include a clause saying a tied director election is settled by coin flip. Is this allowed?
The vote comes back 47 for Candidate A and 46 for Candidate B, a one vote margin, not a tie. Does the tie vote revote rule apply here?
- Tie vote fails, Jurassic Parliament
- Robert's Rules of Order Newly Revised, Frequently Asked Questions, Robert's Rules Association
Related elsewhere in the Academy
Elections
Next, see how results actually get reported once the count is final: Election results.
Whether Robert's Rules of Order governs a tie at all depends on your bylaws naming it as your parliamentary authority, and whether a lot based tiebreaker is available depends on your bylaws setting one up in advance.