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Casting-Vote

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The privilege which trie presiding officer possesses of deciding a question where the body is equally divided. It sometimes signifies the single vote of a person who first votes with the rest, and then upon a tie creates a majority by giving a second vote; Christian's note to 1 Bla. Com. 18. The vice-president of the United States, as president of the senate, has the casting-vote when that body is equally divided, but cannot vote at any other time; Const I. 3. This is a provision frequently made, though in some cases the presiding officer, after giving his vote with the other members, is allowed to decide the question in case of a tie; People v. Church, 48 Barb. (N. Y.) 603. A casting vote neither exists in corporations or elsewhere, unless it is expressly given by statute or charter, or, what is equivalent, exists by immemorial usage; and in such cases it cannot be created by a by-law; 6 T. R. 732; see 2 B. & Ad. 704.

See Meeting.