Also known as: division votes · division
Written by attorneys · grounded in primary & secondary sources — see below
A counted vote taken in a deliberative assembly by having members stand or otherwise indicate their positions so that the number in favor and opposed can be recorded.
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Dominic Drake and Danielle Dixon, lawyers not in the same firm, agree to split a fee for a civil matter. They confirm the arrangement in writing with the client and each assumes joint responsibility. During the meeting the chair calls for a division vote to confirm the members support the split in proportion to services performed.
Dustin Donovan and Darrell Duncan, acting independently, cause distinct property damage. The assembly debates whether a reasonable basis exists for dividing liability according to each contribution. The chair orders a division vote and the members stand to record the tally supporting apportionment.
Darius Dixon, defendant in a state civil action, files a notice of removal in the proper federal district and division. The assembly considers a motion to confirm the filing complies with the short and plain statement requirement. A division vote is taken and the members stand to record support for the removal.
Devon Drake receives a lifetime gift from the decedent. The assembly reviews whether a contemporaneous writing indicates the gift counts toward the heir's share in the intestate division. The chair calls a division vote and members stand to tally approval of the accounting treatment.
Dover Bank shareholders and directors debate a shareholder agreement that governs division of voting power through weighted rights. The chair puts the question to a division vote. Members stand to record whether the agreement is approved under the statute.
After divorce, the assembly considers whether a governing instrument's disposition to the former spouse is revoked by operation of law. The chair orders a division vote. Members stand to tally support for applying the revocation rule to the marital estate division contract.
A division vote requires members to stand or otherwise visibly indicate their position so the chair can count and record the exact number in favor and opposed. A voice vote relies only on the volume of ayes and noes without an official count.
Supporting sources
A division vote is required when the result of a voice vote is uncertain or when a member demands a counted vote to ensure an accurate tally of support for or against a motion.
Supporting sources
A division vote implements the motion to divide the assembly by producing a counted record of members standing in favor or opposed after the motion passes.
Supporting sources
…from its Board of Trustees, a reference committee noted "polarization of the medical profession on this controversial issue"; division among those who had testified; a difference of opinion among AMA councils and committees; "the remarkable shift in testimony" in six months, felt to be influenced "by the rapid changes in…