On 29 January 2008, Mills asked Carney if she was willing to swap posts with him, with Mills becoming leader and Carney becoming deputy leader. Carney refused, instead calling a leadership spill. The vote was tied at two votes apiece. Under CLP rules, Carney could have theoretically remained leader. However, Carney announced that a tie was not a vote of confidence and resigned, echoing Prime Minister John Gorton's move in 1971. This left Mills to take the leadership unopposed on a second vote.