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CASTING VOTE Definition & Legal Meaning

Definition & Citations:

Where the votes of a deliberative assembly or legislative body are equally divided on any question or motion, it is the privilege of the presiding officer to cast one vote (if otherwise he would not be entitled to any vote) on either side, or to cast one additional vote, if he has already voted as a member of the body. This is called the “casting vote.” By the common law, a casting vote sometimes signifies the single vote of a person who never votes; but. in the case of an equality, sometimes the double vote of a person who first votes with the rest, and then, upon an equality, creates a majority by giving a second vote. People v. Church of Atonement, 48 Barb. (N. Y.) 000; Brown v. Foster, 88 Me. 40. 33 Atl. 002, 31 L. R. A. 110; Wooster v. Mullins, 04 Conn. 340, 30 Atl: 144, 25 L. R. A. 094.

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