How a runoff election in the Georgian Senate race will work

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ATLANTA — One of the most closely watched races in this year’s midterm elections faces a runoff after neither of the two front-runners vying for the vacant Georgia Senate seat managed to secure a simple majority of votes, a requirement under state law for an outright victory .

With 98 percent of the vote tallied around 3 p.m. Wednesday, Sen. Raphael G. Warnock (D), who won his seat in a special election in a Jan. 5, 2021 runoff, had 49.4 percent and his Republican rival Herschel Walker, had 48.5 percent.

“There is a race in our state that will be moved to the December 6th runoff. This is the US Senate race between Senator Raphael Warnock and Herschel Walker,” Georgia Foreign Minister Brad Raffensperger said on Wednesday.

The contest has put Georgia’s electoral rules back in the national spotlight after last year’s runoff gave Democrats unified control of Washington and allowed them to pass much of President Biden’s agenda. Shortly thereafter, Gov. Brian Kemp (R) signed an important — and in some parts controversial — rewrite of the rules governing elections and voting in the state. This law changed the schedule and logistics of runoff contests. Here’s what you should know.

What is a runoff election and what triggers it?

A runoff is a second choice used to determine the winner of a race in which no candidate has received more votes than the required threshold for outright victory. In most cases, the two candidates with the most votes then run in a runoff.

Georgia is one of only two states — the other being Louisiana — that requires runoffs in general elections in which no candidate has received more than half of the votes. In most other states, a candidate wins a general election by receiving the most votes — also known as plurality. Runoffs are a legacy of Jim Crow-era policies aimed at ensuring white Southerners had unchecked power over black Americans in the region.

Georgia requires everyone elected to public office in a general election to have received a simple majority of the votes, except for voters (who cast their ballots in the electoral college) in presidential races, meaning close races for Congress may require a tied race.

How does a runoff election work?

In a runoff election, the candidate with the most votes wins.

Under Georgian law, the two candidates in the runoff should always be the ones with the highest number of votes – so if a candidate is eliminated or otherwise unable to run, the candidate with the next highest number of votes becomes eligible in the outflow.

If a candidate of record is eligible for election in a runoff, that person’s name is included in the independent column of runoff votes.

When is a runoff election held?

Under Georgia’s new electoral law, runoff elections should be held on the 28th day after an election – versus nine weeks for federal races. This means that each runoff in Georgia’s Senate race would be held on December 6 of this year. The date can only be changed by a court.

The law also stipulates that early voting should begin “as soon as possible”, but no later than one week before the runoff election. This would make November 28 the latest possible date for the start of early voting for the runoff election.

Proponents of the change argued that “2020’s lengthy nine-week runoff was draining for candidates, donors and 120 voters.” But the shortened time frame between an election and a runoff has come under fire from some voting rights advocates, who say voters are not being given enough time to request absentee ballots and cast their ballots early. According to the American Civil Liberties Union of Georgia, the law “also eliminates the window for reopening voter registration for federal elections,” meaning it would not be possible to register new voters in time for the runoff.

What are the rules for a runoff election?

All registered voters in Georgia can vote in a runoff; To be eligible to vote in this year’s runoff, they must register to vote by November 7th.

The short time frame between an election and a runoff means there is not enough time to send military and foreign voters another round of ballots; Instead, they get a special mail-in ballot along with their regular mail-in ballot before the primary or general election takes place. The runoff gives these voters the opportunity to place their choice among all possible candidates for each office and this choice is used in the event of a runoff.

Annabelle Timsit reported from London.