If the requisite number of individuals is not elected to the state senate or house of representatives because two or more individuals have equal and the highest number of votes for one and the same office, a recount must be done pursuant to section 16.1 -16-01. If a recount results in a tie vote, the secretary of state shall notify the individuals with equal and the highest number of votes to appear in the office of the secretary of state at a time fixed by the secretary of state. The time fixed may not be more than five days from the date the tie is determined. On the date fixed, the individuals notified to appear shall publicly decide by a drawing of names which of them must be declared elected, and the secretary of state shall prepare and deliver to the individual elected a certificate of election as provided in this chapter.
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