/dih-VIZH-uhn uhv thuh uh-SEM-blee/·procedural term
Also known as:divisions of the assembly · division vote · division
Written by attorneys · grounded in primary & secondary sources — see below
A method of voting used in a deliberative assembly by which members stand or otherwise visibly indicate their positions so that the votes may be counted.
Sources & Authorities
How it applies
Common Examples
6
Bar Association Fee Vote
Delilah Duran called for a division of the assembly during the ethics committee meeting when the group considered whether to endorse the rule requiring fee divisions to reflect services performed. Members stood to be counted, producing a clear tally that approved the proposal. The result bound the association's recommendation to the state bar.
Tort Reform Debate Tally
Demetrius Douglas moved to adopt a statement supporting apportioned liability when harms are divisible. The chair ordered a division of the assembly. Members rose or remained seated, and the count confirmed support for the position that each tortfeasor answers only for the harm caused.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Diana Delgado proposed that the bar section endorse filing removal notices in the proper district and division. A division of the assembly was demanded. The standing count showed majority approval, so the section forwarded the resolution to the legislature.
Probate Code Amendment Vote
Denise Donovan asked the probate section to endorse treating lifetime gifts as advancements only when a contemporaneous writing so indicates. The chair conducted a division of the assembly. The counted vote passed the endorsement by a wide margin.
Corporate Voting Agreement Poll
Diego Duarte moved that the business law section support shareholder agreements governing division of voting power. After debate the chair ordered a division of the assembly. The visible count confirmed the motion carried.
Marital Estate Bylaw Change
David Dawson proposed that the family law section endorse revocation of spousal bequests upon divorce unless a contract provides otherwise. A division of the assembly produced a decisive count in favor of the proposal.
Common questions
Frequently Asked
4
What is the purpose of ordering a division of the assembly?+
A division produces an accurate count when the result of a voice vote is uncertain or when a member doubts the announced outcome.
Supporting sources
How does a division of the assembly differ from a voice vote?+
A voice vote relies on audible response while a division requires members to stand or otherwise visibly register their positions so votes can be counted.
Supporting sources
Who may demand a division of the assembly?+
Any member who doubts the result of a voice vote or who believes a counted vote is necessary may demand the division.
Supporting sources
Is a division of the assembly the same as dividing the question?+
No. Division of the assembly is a counted vote. Division of the question separates a motion into separate parts for separate consideration.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…from its Board of Trustees, a reference committee noted "polarization of the medical profession on this controversial issue"; division among those who had testified; a difference of opinion among AMA councils and committees; "the remarkable shift in testimony" in six months, felt to be influenced "by the rapid changes in…