§ 168.851Tie vote; determination of election by lot, procedure; drawing for state

legislature.
 Sec. 851.
    If it shall appear on the canvass of the votes polled at any election canvassed by the board
 of county canvassers that 2 or more persons have received an equal number of votes for the
 same office, and that a failure to elect to any office is caused thereby, the election to the office
 shall be determined in the following manner: The board of canvassers for the county in which
 such election was held shall appoint a day for the appearance of all affected persons before the
 county clerk for the purpose of determining by lot among such persons the right to the office,
 and shall cause notice thereof to be given to all the persons interested. The county clerk shall
 prepare as many slips of paper as there are such persons, and write the word "elected" on as
 many slips of paper as there are offices to be filled, and the words "not elected" on the
 remaining slips, and fold the same so as to conceal the writing and so that they may appear as
 near alike as possible. The slips shall be placed in a box and, at the time and place appointed
 for the drawing of the lots, each of the persons aforesaid may draw 1 of the slips from the box,
 and any person drawing a slip on which is written the word "elected" shall be deemed legally
 elected to the office in question and the county clerk shall forthwith give him a certificate of
 election. The county clerk may appoint any person present to draw a slip for any affected
 person who fails to appear at the time specified in the notice. If the office of county clerk is in
 question, the drawing shall take place before the sheriff of the county. Such determination,
 however, shall not preclude the right of a defeated candidate to a recount of the votes cast as
 provided in chapter 36.