Determining the agency-status of machines and AI has never been more pressing. As we progress into a future where humans and machines more closely co-exist, understanding hallmark features of agency affords us the ability to develop policy and narratives which cater to both humans and machines. This paper maintains that decision-making processes largely underpin agential action, and that in most instances, these processes yield good results in terms of making good choices. However, in some instances, when faced with two (or (...) more) choices, an agent may find themselves with equal reasons to choose either - thus being presented with a tie. This paper argues that in the event of a tie, the ability to create a voluntarist reason is a hallmark feature of agency, and second, that AI, through current tie-breaking mechanisms does not have this ability, and thus fails at this particular feature of agency. (shrink)