Vote

6 The will of a member of a body, formally manifested toward the decision of a question by the body as whole; also, the aggregate of the expressions of the will of the members.' The word, with its inflections, is most commonly used in speaking of the election of officers of corporations and of government. A " vote " is but the expression of the will of the voter — whether the formula of expression be by ballot or viva voce.^ A 'Woter" is an elector who votes — an elector in the exercise of his franchise or privilege of voting." *' Voting " and "giving in a vote " are synonymous.^** The qualifications of voters are similar in all the States, but not uniform. Among those generally required are: citizenship, by birth or naturalization; res- > [Mitchell V. Mitchell, 40 Ga. 16 (1869), Brown, C. J. = 1 Story, Eq. §§ 433-34, 176. ' See Dietz's Case, 41 N. J. E. 298 (1886). 'See 4 Bl. Com. 80; 4 Mass. 439. »2B1. Com. 603. ' h. votum, a wish; originally, a vow. ' [Abbott's Law Diet, s People V. Pease, S7 N. T. 57 (1863). idence tor a given period; age — twenty-one years; payment of taxes; and registration; freedom from infamy, q. v.; sanity." See Insanity, 2 (2).

Casting vote

At common law, signifies, sometimes, the single vote of a person who ordinarily does not vote; and, in case of an equality of votes, sometimes, the double vote of a person who first votes with the others and, upon an equality, creates a majority by giving a second vote — as, in the New York statute relating to religious corporations. 2 The President of the Senate " shall have no Vote, unless they be equally divided." ^ See Abode; Ballot; Bkibery; Citizen; Election,!; Franchise, 2, Elective; Majority, 2; Precinct; Qualified, 1; Registry; Residence; Suffrage. Cumulative voting. " In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate or distribute them upon two or more candidates as he may prefer."* By " whole number " is meant, as many votes for each share as there are directors to be elected.^ / The section confers upon the individual stockholder the right to cast all the votes which his stock represents, multiplied by the number of directors or managers to be elected, for a single candidate. The intent was to work a radical change in the method of conducting corporate elections. The innovation, being made part of the supreme law, is thus placed beyond the power of legislative interference. ^ The provision is unambiguous. If there are six directors to be elected, the single shareholder has six votes, and, contrary to the old rule, he may cast them for one candidate or distribute them to two or more candidates. The ordinary manner of conducting corporate elections is in nowise interfered with. Legislation directing the manner of exercising the right is not required: the provision is self-operative; and it applies to all private corporations, including railway and canal companies.' The purpose of the provision is to enable the stockholders who are in the minority, on any question of administration or policy, to secure representation in the directory or management; but the right to cumulate does not exist unless expressly conferred: each shareholder being entitled, at common law, to but one I See Mc Crary, Elections, § 4. s [People ex rel.

Remington v

Rector of Church of Atonement, 48 Barb. 606 (1866). • Constitution, Art. I, sec. 3, cl. 4. * Penn. Const. Art. XVI, sec. 4. 'Commonwealth ex rel.

Donnelly v. Tintsman, 23 Pitts. Leg. J. 123 (1876). " Hays V. Commonwealth ex rel, Mc Cutcheon, 82 Pa. 521 (1876). vote on each shar^ for each member of the proposed new board. * See CoEPORATioN; Election, 1; Majority, 1; Pkoxy.