Becker v. Pfeifer’s Empirical Analysis

Citation profile

8 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under certiorari, this Court may consider only whether the recount board had jurisdiction to recount the ballots and whether it regularly pursued its authority in doing so. [[Image here]] “The test of jurisdiction is whether there was power to enter upon the inquiry and not whether the determination by the court [or in this case, a board] of a question of law or fact involved is correct.” Janssen v. Tusha, 68 S.D. 639 , 5 N.W.2d 684, 685 (1942) (internal citations omitted).”

   1 later decision quote this exact passage
   e.g. In Re Writ of Certiorari as to the Determination of Election on the Brookings School District's Decision to Raise Additional General Fund

2. “not the policy of this state to disenfranchise a voter because of an election official's mistake or negligence, but rather, 'to determine and carry out the intent of the elector when satisfied that the elector has endeavored to express such intent in the manner prescribed by law[.]'”

   1 later decision quote this exact passage
   e.g. In Re Writ of Certiorari as to the Determination of Election on the Brookings School District's Decision to Raise Additional General Fund

3. “a free and fair expression of the will of the voters should not be overturned due to the mistakes or neglect of an election official.”

   1 later decision quote this exact passage
   e.g. In Re Election Contest as to Watertown