Vote

Suffrage; the voice of an individual in making a choice by many. The total number of voices given at an election; as, the presidential vote.

Suffrage; the voice of an individual in making a choice by many. The total number of voices given at an election; as, the presidential vote. In a viva voce election for a public officer, a voter cannot change his vote, once made, after subsequent votes have been made and recorded; Hopkins v. Swift, 100 Ky. 14, 37 S. W. 155. In cumulative voting the voter must put opposite the name of the candidate on whom he intends to cumulate something to indicate the number of votes he intends to cast for him, in default of which he will be taken to have given one vote to each candidate against whose name he has made a mark, although he has marked but a few names or only one; [1897] 1 Q. B. 449. See Election; Ballot; Suffrage; Voter; Woman; Voting Machine.

Suffrage; the expression of his will, preference or choice, formally manifested by a member of a legislative or deliberative body or of a constituency or a body of qualified electors, in regard to the decision to be made by the body as a whole upon any proposed measure or proceeding or the selection of an officer or representative. And the aggregate of the expressions of will or choice, thus manifested by individuals, is called the "vbte of the body." See Maynard v. Board of Canvassers, 84 Mich. 228, 47 N. W. 756, 11 L. R. A. 332; Gillespie v. Palmer, 20 Wis. 546; Davis v. Brown, 46 W. Va. 716, 34 S. E. 839.

— Casting vote. See that title.

— Cumulative voting. See Cumulative.

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.

The will of a member of a body, formally manifested towards the decision of a question by the body as a whole, is his vote; and the aggregate of the expressions of the will of the members is the vote of the body. Voting: the act of casting a vote; the proceeding by a body of persons to decide a question by simply ascertaining the preference of each member. Voted: ordered by the preponderance of voices of members of a body; passed by vote. Voted, in a statutory reservation of " all timber and lumber and lands granted or voted," may apply to a legislative resolve reserving timber, &e. European, &o. By. Co. V. Dunn, 60 Me. 453. A charge in an indictment for unlawful voting, not that the defendant did " vote," but that he did wilfully and unlawfully "give in his vote," is good. Voting and giving in a vote are precisely synonymous terms. State v. Moore, 27 N. J. L. 105. " A majority of the voters of the coimty," means a majority of those who actually vote. Louisville, &c. E. R. Co. v. County Court of Davidson, 1 Sneed, 637. Compare Elector; Majority. The word voters may mean those who have a right to vote for state offices. State V. Williams, 5 Wis. 308.