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← 144 KAN 813 - Lemons v. Noller

Lemons v. Noller’s Empirical Analysis

1936

Citation profile

33
cited by 33 later decisions
2
states following
June 2019
most recently cited

31 state decisions

How this case has been cited

Cited by 33 later decisions — most recently June 2019 · most notably Gangemi v. Berry (1957), State Ex Rel. Anderson v. Fadely (1957)

31 state decisions

110193619401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Comm'rs of Leavenworth Co. v. Miller · Board of Commissioners v. Abbott · Atchison Street Railway Co. v. Missouri Pacific Railway Co. · Jansky v. Baldwin · Wulf v. City of Kansas City

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"It is also argued that the statutes under consideration cannot be upheld because they do not preserve the secrecy of the ballot. It should be observed that the requirement of article 4, section 1 of our constitution is that `all elections by the people shall be by ballot,' and not by secret ballot, and the matter of secrecy is one for legislative determination. The securing of secrecy in voting has been the result of gradual growth in the statutes, even though it be conceded that an election by ballot means a secret ballot. " (Emphasis added.) 144 Kan. at 828 (citing State, ex rel., Beggs, 126 Kan. 811 ).”
    1 later decision quote this exact passage · from the majority
  2. “"Constitutional inhibitions need not always be express. They are equally effective when they arise by implication. To create an implied inhibition there must be some express affirmative provision. The mere silence of the constitution creates no prohibition. To sustain an implied inhibition, the express provision must apply to the exact subject-matter, and the inhibition will not be extended further than necessary to give full force to the provision." (Syl. 3.)”
    1 later decision quote this exact passage · from the majority
  3. “The legislature, within the terms of the constitution, may adopt such reasonable regulations and restrictions for the exercise of the elective franchise as may be deemed necessary to prevent intimidation, fraud, bribery, or other corrupt practices, provided that the voting be by ballot, and that the person casting the vote may do so in absolute secrecy.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.