election

The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will. The selection of one person from a specified class to discharge certain duties in a state, corporation, or society. An expression of choice by the voters of a public body politic, or as a means by which a choice is made by the electors. Nelson v. Robinson, Fla.App., 301 So.2d 508, 510.

With respect to the choice of persons to fill public office or the decision of a particular public question or public policy the term means in ordinary usage the expression by vote of the will of the people or of a somewhat numerous body of electors.

"Election" ordinarily has reference to a choice or selection by electors, while "appointment" refers to a choice or selection by an individual. The choice which is open to a debtor who is bound in an alternative obligation to select either one of the alternatives. The choice, by the prosecution, upon which of several counts in an indictment (charging distinct offenses of the same degree, but not parts of a continuous series of acts) it will proceed. Obligation imposed upon party to choose between two inconsistent or alternative rights or claims in cases where there is clear intention of the person from whom he derives one that he should not enjoy both. Lovett v. Stone, 239 N.C. 206, 79 S.E.2d 479, 484, 60 A.L.R.2d 780.

See also certificate of election

- equitable election

- free and clear

Law of wills.

A widow's election is her choice of whether she will take what is provided for her in her husband's will or rather her statutorily prescribed share; that is, whether she will accept the provision made for her in the will, and acquiesce in her husband's disposition of his property, or disregard it and claim what the law allows her. Logan v. Logan, Tex.Civ.App., 112 S.W.2d 515, 518.

An "election under the will" means that a legatee or devisee under a will is put to the choice of accepting the beneficial interest offered by the donor in lieu of some estate which he is entitled to, but which is taken from him by the terms of the will.

See also election by spouse

- equitable election.

@ election at large

Election in which a public official is selected from a major election district rather than a minor subdivision within the larger unit

@ election of defenses

The selection of a particular defense on which to rest in contesting a claim or in defending a criminal charge

@ election of remedies

The liberty of choosing (or the act of choosing) one out of several means afforded by law for the redress of an injury, or one out of several available forms of action. An "election of remedies" arises when one having two coexistent but inconsistent remedies chooses to exercise one, in which event he loses the right to thereafter exercise the other. Doctrine provides that if two or more remedies exist which are repugnant and inconsistent with one another, a party will be bound if he has chosen one of them. Melby v. Hawkins Pontiac, Inc., 13 Wash.App. 745, 537 P.2d 807, 810.

Under Rule of Civil Procedure 8(a): "Relief in the alternative or of several different types may be demanded."

See also alternative pleading

- alternative relief

- equitable election.

@ general election

One for a definite purpose, regularly reoccurring at fixed intervals without any requirements other than the lapse of time. Bolin v. Superior Court In and For Maricopa County, 85 Ariz. 131, 333 P.2d 295, 298.

One at which the officers to be elected are such as belong to the general government; that is, the general and central political organization of the whole state, as distinguished from an election of officers for a particular locality only.

Also, one held for the selection of an officer after the expiration of the full term of the former officer; thus distinguished from a spiral election, which is one held to supply a vacancy in office occurring before the expiration of the full term for which the incumbent was elected.

One that regularly recurs in each election precinct of the state on a day designated by law for the selection of officers, or is held in such entire territory pursuant to an enactment specifying a single day for the ratification or rejection of one or more measures submitted to the people by the Legislature, and not for the election of any officer.

One that is held throughout the entire state or territory. An election for the choice of a national, state, judicial, district, municipal, county or township official, required by law to be held regularly at a designated time, to fill a new office or a vacancy in an office at the expiration of the full term thereof. In statutes, the term may include a primary election.

See also popular election, and regular election

+ general election

An election held in the state at large. A regularly recurring election to select officers to serve after the expiration of the full terms of their predecessors.

See also election

@ off-year election

Election conducted at a time other than the presidential election year.

@ popular election

Election by people as a whole, rather than by a select group.

@ presidential election

See U.S.Const. Amends. XII, XX,

@ recall election

Election where voters have opportunity to remove public official from elected office.

@ regular election

One recurring at stated times fixed by law. A general, usual, or stated election. When applied to elections, the terms "regular" and "general" are used interchangeably and synonymously. The word "regular" is used in reference to a general election occurring throughout the state.

See also general election.

@ special election

An election for a particular emergency or need, conducted in the interval between regularly scheduled elections in order to fill a vacancy arising by death of the incumbent of the office, decide a question submitted on an initiative referendum, or recall petition, etc. In determining whether an election is special or general, regard must be had to the subject-matter as well as date of the election, and, if an election occurs throughout state uniformly by direct operation of law, it is a "general election," but, if it depends on employment of special preliminary proceeding peculiar to process which may or may not occur, and the election is applicable only to a restricted area less than whole state, it is a "special election."

@ election board

A board of inspectors or commissioners appointed in each election precinct by government (e.g. county or city) authorities responsible for determining whether individual voters are qualified, supervising the polling, and often ascertaining and reporting the results. Local, city or town agency which is charged with the conduct of elections

@ election by spouse

Statutory provision that a surviving spouse may choose as between taking that which is provided for her in her husband's will, claiming dower or taking her statutorily prescribed share. Such election may be presented if the will leaves the spouse less than she would otherwise receive by statute. This election may also be taken if the spouse seeks to set aside a will which contains a provision to the effect that an attempt to contest the will defeats the rights of one to take under the will.

See also election (law of wills)

- equitable election

@ election contest

A contest in behalf of one who has failed of success in election against right of one who has been declared or determined by proper authority to have been successful. Election contest involves matter of going behind election returns and inquiring into qualifications of electors, counting of ballots, and other matters affecting validity of ballots. Vance v. Johnson, 238 Ark. 1009, 386 S.W.2d 240, 242

@ election district

A subdivision of territory, whether of state, county, or city, the boundaries of which are fixed by law, for convenience in local or general elections

@ election, doctrine of

@ doctrine of election

When a third person has contracted with an agent without knowing of the agency, and thereafter the third person discovers the agency and the identity of the principal, the third person may enforce the contract against the agent or against the principal at his election, but not against both. This is known as the doctrine of election.

See election

@ election dower

A name sometimes given to the provision which a law or statute makes for a widow in case she "elects" to reject the provision made for her in the will and take what the statute accords. Stanton v. Leonard, 344 Mo. 998, 130 S.W.2d 487, 489.

See election (law of wills); election by spouse

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