- election
- In the most common usage, the expression of a choice by the voters of a body politic, or the means by which a choice is made by the electors. State ex rel. La Follette v Kohler, 200 Wis 518, 228 NW 895, 69 ALR 348. Precisely, a choosing or selection, by those having a right to participate, of persons to fill public offices or of public measures which shall be adopted or rejected. 25 Am J2d Elect § 1. The choosing of a public officer by an organized body, such as the legislature of a state. Speed & Worthington v Crawford, 60 Ky (3 Met) 207, 211. The designation of corporate directors by the vote of the stockholders and the designation of corporate officers by the vote of the directors. 19 Am J2d Corp §§ 1081, 1082. In an abstract sense, a choice between two or more substantive rights, either one or any one of which may be asserted at the will of the person making the choice, which are so inconsistent that a choice once made is binding upon beyond recall. Wilhorn Builders v Cortaro Management Co. 81 Ariz 381, 307 P2d 94, supp op 82 Ariz 48, 308 P2d 251. The choice which a person must make between the acceptance of a benefit under an instrument, and the retention of some property already his own, which the same instrument purports to dispose of to another. McDermid v Bourhill 101 Or 305, 199 P 610, 22 ALR 428, 433. The right or privilege, accorded by statute in some states to the eldest heir, if of age, of taking the whole estate of the deceased ancestor, upon paying to the others their just proportions of the value in money. If the eldest refuse, the next eldest succeeds to the right of election until all the adults have enjoyed the opportunity of election. If all refuse, the property is sold and the proceeds divided. Catlin v Catlin, 60 Md 573, 575. The doctrine of election is applicable to a taxpayer having a choice of two legal methods of computing his tax and having chosen one he is not permitted to change his mind to the detriment of the revenue. Ross v Commissioner (CA 1) 169 F2d 483, 7 ALR2d 719. See corrupt practices acts; cumulative voting; general election; primary election; referendum; registration; special election; suffrage.
Ballentine's law dictionary. Anderson, W.S.. 1998.