There’s a 30,249-vote tie in this California Dem primary. You read that right.

If you ever doubted your vote counted, ask the Democrats running to replace California Rep. Anna Eshoo.

One month and six lead changes after the March 5 primary, state lawmaker Evan Low and Santa Clara Supervisor Joe Simitian find themselves in the same place: locked in a 30,249-vote tie for the second general election spot. The white-knuckle finish for the Silicon Valley seat is an unprecedented test of both the state’s universal mail balloting and its unusual top-two primary system.

Not to mention the candidates’ tolerance for anxiety.

Low said he’s tried to distract himself from the “roller coaster” by focusing on his legislative duties and hitting the gym — including early-morning Orange Theory and pilates classes with his colleagues.

“That’s ultimately the best way to kind of maintain your sanity,” he said.

Unlike fiercely contested races in Southern California and the Central Valley, the Bay Area district was never going to swing control of Congress. Yet Eshoo’s retirement created a rare opening for a safe blue seat, sparking a remarkably expensive intra-Democratic melee.

Former San Jose Mayor Sam Liccardo has punched his general election ticket after securing a clear first-place finish. But he’s spent weeks awaiting his November opponent — and now he could get two of them.

Unlike other photo finishes decided by automatic recount, coin flip or names drawn from a bowl, congressional primary ties in California go to a three-way contest. “In no case,” the elections code states, “shall the tie be determined by lot.”

This has never happened with mainstream candidates in the decade-plus since California jettisoned partisan primaries, instead allowing the top two vote-getters to advance regardless of party. Seeking a recount would be a costly gamble for Low or Simitian, who are already guaranteed a spot in the November election.

It’s also the latest example of California’s protracted count testing the patience of politicians and voters alike. The state mails ballots to every registered voter, and it takes county elections officials weeks to tally them all.

The oscillating vote total has enthralled California politics watchers. Simitian’s once-comfortable lead over Low melted away as county officials tallied ballots. Two weeks after the primary, Low pulled into a two-vote lead. A few days later, Simitian overtook him again.

On Wednesday, they reached a tie.

“It’s been like watching a tennis match the last 15 days here,” Paul Mitchell, the vice president of Political Data Inc., said Wednesday.

Low said he’s fielded calls and texts from acquaintances expressing relief that they cast their votes for him, acutely aware of the import of each individual vote. There have also been more sheepish confessions from friends who failed to return their ballots.

“People have reached out to say, ‘Oh my gosh, I wish I voted.’ Or, ‘Had I known, I would’ve voted,’” he said. His response to them as the margin narrowed to dental-floss thin: “‘Well, I hope you’ll have another chance.’”

He appeared to take Wednesday’s news in stride, posting a selfie with a colleague in a necktie, declaring it’s a “special ‘tie’ day.”
Asked if he’s been glued to his phone, he replied, “What do you think?” Low demurred on weighing in on next steps, saying he would wait until the vote was certified at 5 p.m. Pacific Time on Thursday.

Simitian declined to comment, saying he was still examining his options.

The deadlock isn’t the only outcome giving California elections officials headaches. Assemblymember Vince Fong is running for two offices at once — another Assembly term and the House seat former Speaker Kevin McCarthy gave up — and Secretary of State Shirley Weber’s office is challenging that double-dipping in court.

Lawmakers are watching the situation closely. Assembly Elections Committee Chair Gail Pellerin, a Democrat from coastal Santa Cruz who formerly oversaw county elections, said in an interview Thursday that she’s examining whether the law needs updating.

“I’m going to spend some time talking with other election geeks,” Pellerin said. “It’s a fascinating situation.”

For other California politicians, the tense back-and-forth is reviving painful memories.

“There were restless nights,” said Democratic state Sen. Melissa Hurtado, who held onto her seat by 20 votes in 2022 — a result that took weeks and a recount. “It starts going down, and then up, and then down, and it’s like — when is it going to end?”

The final margin was a bit more commanding for first-term Assemblymember Greg Wallis — “85, but who’s counting?” he said in an interview — but the Palm Springs Republican said the experience was still “exhausting.” He said focusing on spreadsheets and ballot curing provided a welcome distraction — to a point.

“The reality is every time there’s a lead change, every time there’s an update, you’re getting texts and calls from family members and supporters,” he said. “It was impossible to avoid.”