Re: the earlier "tie" that I was thinking of, 36 years before Hepburn and Streisand:
"In 1932, the fifth year of the Award, there were three nominees for Best Actor: Wallace Beery (The Champ), Alfred Lunt (The Guardsman), and Fredric March (Dr. Jekyll and Mr. Hyde). When the ballots were counted, March was the winner, with Beery a mere one vote behind. The rules of the Academy, in a provision that seems positively Floridian
, declared a tie whenever the margin of victory was three votes or less, so Beery and March each got to take home a statuette.
No one was much perturbed, nor were there any calls to take the matter to the Supreme Court, though Lunt, the Ralph Nader of the affair, probably wasn't feeling on top of the world. The second tie in Academy Award history, incidentally, occurred in 1968 when Katharine Hepburn (The Lion in Winter) and Barbara Streisand (Funny Girl shared the Best Actress prize. By then the Academy had changed its rules on ties and had stopped releasing vote tallies, so it is not known how many votes Streisand actually lost by. (Just kidding, Babs.)"