Legal Definitions - division

In parliamentary law, the term division refers to two distinct processes:

• 1. A Counted Vote:

  This refers to a formal method of voting where individual votes are counted, often used when the outcome of a voice vote or show of hands is unclear or challenged. It ensures an accurate record of how members voted.

  • Example 1: During a contentious city council meeting, a motion to approve a new downtown development project is put to a voice vote. The presiding officer cannot definitively determine if the "ayes" or "nays" have it. A council member then calls for a division, prompting a formal roll call vote where each council member's vote is recorded.

    Explanation: Here, division signifies the shift from an informal voice vote to a precise, counted vote to resolve ambiguity and ensure accuracy.

  • Example 2: At an annual general meeting of a homeowners' association, a proposal to increase monthly dues is voted on by a show of hands. The initial count appears very close. To avoid dispute, the association president declares a division, requiring members to stand and be counted individually by designated tellers.

    Explanation: This illustrates division as a mechanism to obtain a clear and verifiable count when a simple visual assessment of votes is insufficient.

• 2. Separation of a Motion:

  This refers to the process of breaking down a complex or multi-part proposal (a "motion") into smaller, distinct parts. This allows the assembly to debate and vote on each component independently, rather than having to approve or reject the entire package at once.

  • Example 1: A university's faculty senate is considering a comprehensive resolution that includes changes to both the curriculum requirements for all undergraduate programs and the tenure review process for professors. A senator suggests a division of the question, allowing the senate to vote separately on the curriculum changes and the tenure process changes.

    Explanation: In this scenario, division enables the senate to address two distinct subjects within one original motion independently, ensuring focused debate and voting on each specific issue.

  • Example 2: In a state legislature, a bill is introduced that combines funding for public transportation infrastructure with new regulations for environmental protection. A representative proposes a division, arguing that members should be able to vote on the transportation funding provisions separately from the environmental regulations.

    Explanation: This demonstrates division as a procedural tool to separate a single legislative bill into its constituent parts, allowing legislators to support some aspects while potentially opposing others without rejecting the entire proposal.