How gambling breaks most Arizona elections

PHOENIX (AZ family) — The Democratic primary in Arizona’s 3rd Congressional District appears headed for a recount, with 42 votes separating the top two candidates among more than 44,000 ballots cast.

What happens if an election ends in a tie in Arizona? It’s rare, but not unprecedented.

After months of campaigning and days of counting votes, Arizona law says that if two or more candidates receive an equal number of votes for the same office and a greater number than any other candidate, “the result shall be determined by lot.”

“What is the definition of ‘by lottery’? A game of chance is done by lottery,” said Doug Cole of HighGround Inc., a public relations firm.

This could be a coin toss, match breaking, or a card game that is purely based on chance.

In 1992, the Republican primary for the then 6th Legislative District ended in a tie between John Gaylord and Richard Kyle, even after a recount.

The primary election was decided by a five-card draw, with then-House Speaker and later Governor Jane Hull acting as dealer.

In the end, Kyle won the card game and the nomination.

“If I had to lose a race, this would be the safest way to do it,” Gaylord said in 1992.

It also happened in 2009 in a race between Adam Trenk and Thomas McGuire for Cave Creek City Council.

After an election went to a runoff and ended in a tie, Trenk and McGuire did a high-card draw in front of Judge George Preston.

“The season never seemed to end and it would end in a tie, I never even considered that possibility,” Trenk said in an interview with Arizona’s Family on Monday.

Trenk and McGuire say the card drawing was guided by several rules, including having two fresh decks of cards, who would shuffle the cards and who would pick first.

McGuire was first, drawing a six of hearts, followed by Trenk, drawing a king of hearts and, finally, a seat on the City Council.

“I can tell people I haven’t lost an election, but I did lose my council seat and that was at stake,” McGuire said.

However, not all races in Arizona that end in a tie are determined by a game of chance.

The Legislature would choose ties for governor, lieutenant governor, secretary of state, attorney general, treasurer and superintendent of public instruction.

But in the rest of the races, it all comes down to a game of chance.

“I think democracy is an imperfect system, but it’s better than all the others and a lottery is as good a way as any to decide a tie,” Trenk said.

“I thought it was a very reasonable way to go about it,” McGuire added. “It wasn’t a great night for me, but I thought it was a good night for Cave Creek.”

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