North Dakota Code § 40-21-17

Highest number of votes elects in municipal election - Procedure on tie
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vote.
The person having the highest number of votes for any municipal office shall be declared 
elected to such office. In case of a tie vote in the election of any municipal officer, a recount 
must be conducted pursuant to section 16.1 -16-01. If a recount results in a tie vote, the choice 
must be determined by a drawing of names in the presence of the governing body of the 
municipality and in a manner it directs. A candidate involved in a tie vote may withdraw the 
candidate's name from consideration if the candidate is willing to sign a statement to that effect 
in the presence of and witnessed by the filing officer of the election. If no candidates remain, the 
office is to be filled according to the rules for filling an office when a vacancy exists.

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