Definition of 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. 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.
See also Certificate of election; Equitable election; Free and clear.
Election at large. Election in which a public official isselected 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. See also 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 special 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 Regular election, infra.
Law of wills. A widow’s election is her choice of whether she will take under the will or under the statute; 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.
Off-year election. Election conducted at a time other than the presidential election year.
Presidential election. See U.S.Const. Amends. XII, XX, XXII-XXVI.
Primary election. An election by the voters of a ward, precinct, or other small district, belonging to a particular party, of representatives or delegates to a convention which is to meet and nominate the candidates of their party to stand at an approaching municipal or general election. Also, an election to select candidates for office by a political organization, the voters being restricted to the members or supporters of such organization. An election, preliminary in nature, the purpose being to narrow in number the candidates that will appear on the final, official ballot.
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, supra.
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.”
That's the definition of Election in Black's Law Dictionary 6th Edition. Courtesy of Cekhukum.com.
