Casting Vote - Definition - Law Dictionary Home Dictionary Definition casting-vote

Definition :

Casting vote, the vote given by the chairman or president of a deliberative assembly when the suffrages of the meeting are equal. The chairman, though not disqualified by law from voting, Nell v. Longbottom, 1894 (1) QB 767, is usually not entitled to vote in the first instance.

The Speaker of the House of Commons (though he was no vote in the first instance) has a casting vote, and by the practice of the House gives it in favour of a motion or bill, so as to give opportunity for further consideration. So has the mayor or other chairman at a meeting of a town council (English) (Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 22, and Sched. II., r. 11), and the Chairman of a (English) Country Council (Local) Government Act, 1888 (51 & 52 Vict. c. 41), s. 75), and the chairman of a parish meeting, or Parish Council (Local Government Act, 1894 (56 & 57 Vict. c. 73), Sched. I., Pt. 2, r. 8, and Pt. 3, r. 10). These Acts have been replaced, except in regard to London, by the Local Government Act, 1933 (23 & 24 Geo. 5, c. 51); see s. 75, and the Provisions of Parts I. To V., of the Third Schedule. By part V., r. 1(2), in the case of equality of votes, the person presiding at the meeting shall have a second or casting vote; the same applies to Parish Meetings by Part VI., r. 5(3). The (English) Municipal Corporations Act, 1882, still applies to London, see s. 22.

By the (English) Companies Clauses Act, 1845, the chairman of directors has a casting vote (s. 92), as has the chairman of a committee (s. 96), and the chairman of a general meeting (s. 76), and see Art. 52 of Table. A. under the (English) Companies Act, 1929.