Close elections are nothing new in North Carolina, with repeated razor-thin margins reminding voters how even a single ballot can change the outcome. The most recent example is the Republican primary for SD-26, between Senate President Pro Tempore Phil Berger and Rockingham County Sheriff Sam Page, in which only 2 votes separated the candidates after Election Day. With provisional ballots now counted, that lead has grown to 23 votes.
State law provides a specific path forward in the event of a tie. As previously reported by the Carolina Journal, North Carolina law requires a second primary between the candidates before a recount when a multi-county legislative primary is tied.
“It’s the type of bizarre, century-old law that has attracted little attention because it’s rare to see a situation when it might have to be used,” said Mitch Kokai, John Locke Foundation senior political analyst. “Don’t be surprised if the State Board of Elections and General Assembly take a closer look at this issue moving forward.”
But the rules are different in a general election.
Three decades ago, one North Carolina legislative race went even further than a narrow margin.
It ended in a perfect tie.
In 1994, a closely contested race for SD-15 pitted Democratic incumbent Elaine Marshall against Republican challenger Dan Page, no known relation to the Page in the current too-close-to-call state Senate race.
According to election records referenced in an amicus brief reviewed by the Carolina Journal, when the votes were first counted in November 1994, the contest was too close to call. A recount followed, and after election officials reviewed the ballots, the result remained a tie.
“While ties happen often enough in local races, they are vanishingly rare in General Assembly elections,” said Andy Jackson, director of the John Locke Foundation’s Civitas Center for Public Integrity.
Marshall, a Democrat, was first elected to the North Carolina Senate in 1992 and represented SD-15, which included portions of Harnett and Lee counties. She was seeking a second term during a year that proved difficult for many Democratic candidates nationwide.
Page, a Republican, mounted a strong challenge during the 1994 midterms, a cycle when Republicans gained ground nationwide.
Under North Carolina law, when an election ends in a tie after a recount, the state must hold a new election to determine the winner.
According to the State Senate Journal from Jan. 25, 1995, as a result of the tied election, SD-15 began the 1995 legislative session without representation, while officials worked to schedule a special election to break the tie. The election was ultimately scheduled for March 28, 1995.
On March 28, 1995, voters returned to the polls for a special election that produced a decisive outcome. Page won the rematch and took office to represent the district.
Both candidates would continue their political careers after the unusual contest.
Marshall returned to public office in 1996, when she was elected North Carolina Secretary of State. She became the first woman elected to a statewide executive office in state history and continues to serve in that role today.
After winning the special election, Page served in the Senate until 1999. According to LegiStorm, he would step aside in 1998 to run unsuccessfully for Congress.
While recounts and legal challenges occasionally dominate headlines after close elections, the 1994 SD-15 contest shows sometimes elections are not just close, but perfectly even.
