Legal Definitions - praesumitur pro negante

Praesumitur pro negante is a Latin legal principle that translates to "it is presumed for the negative." This rule dictates that when a deliberative body, such as a committee or council, faces an equal division of votes on a motion or proposal, the motion fails. In essence, if there isn't a clear majority in favor of a proposed change, the existing state or the "no" position is maintained.

This principle ensures that significant changes or actions require affirmative support to pass, preventing a tie from forcing an outcome that lacks clear endorsement. It upholds the status quo unless there is sufficient agreement to alter it.

• Example 1: Corporate Board Meeting

  Imagine a company's board of directors is voting on a proposal to acquire a smaller competitor. The board consists of ten members. After a lengthy discussion, five directors vote in favor of the acquisition, and five vote against it. According to the principle of praesumitur pro negante, because the votes are equally divided, the motion to acquire the competitor fails. The company does not proceed with the acquisition, and the existing corporate structure remains unchanged.

• Example 2: University Faculty Senate

  A university's faculty senate is considering a motion to implement a new grading system across all departments. The senate has twenty members. During the vote, ten faculty members support the new system, while the other ten prefer to keep the current grading policy. Applying praesumitur pro negante, the motion to change the grading system does not pass. The university continues to use its existing grading policy, as there was no clear majority to adopt the proposed change.

• Example 3: Local Planning Commission

  A local planning commission is reviewing an application from a developer to rezone a parcel of land from residential to commercial use. The commission has six members. After hearing arguments from both the developer and local residents, three commissioners vote to approve the rezoning, and three vote to deny it. Under the rule of praesumitur pro negante, the application for rezoning is denied. The land retains its current residential zoning, as the developer failed to secure a majority vote for the proposed change.