Schulte v. Long’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Before the third Tuesday in May, the attorney general shall deliver to the secretary of state an attorney general’s statement for each proposed amendment to the Constitution, each initiated measure, and any referred measure from an odd year. The attorney general’s statement for each referred measure from an even year shall be delivered to the secretary of state before the second Tuesday in July. The attorney general’s statement shall be written by the attorney general and shall consist of a title, an explanation, and a clear and simple recitation of the effect of a “Yes” or “No” vote. The title shall be a concise statement of the subject of the proposed amendment, initiated measure, or referred measure authored by the attorney general, who may adopt the title used by the petition sponsors during the circulation process if that title is legally sufficient. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed amendment to the Constitution, the initiated measure, or the referred law. The attorney general shall include a description of the legal consequences of the proposed amendment, the initiated measure, or the referred law, including the likely exposure of the state to liability if the proposed amendment, the initiated measure, or the referred law is adopted. The explanation may not exceed two hundred words in length. On the printed ballots, the title shall be followed by the explanation and the expla”

   1 later decision quote this exact passage
   e.g. South Dakota State Federation of Labor AFL-CIO v. Jackley

2. “The explanation must be factually accurate, legally accurate, concise, must not address collateral, theoretical or potential consequences of approval or disapproval by the voters, must not be a statement of personal opinion and must not attempt to advocate for or against the ballot question. See generally Hoogestraat v. Barnett, 1998 SD 104 , 583 N.W.2d 421 . However within this legal framework, the Attorney General is granted discretion as to how to author the ballot statement. Gormley v. Lan, 88 N.J. 26 , 438 A.2d 519, 525 (1981). Moreover this Court’s function is a limited one. We merely determine if the Attorney General has complied with his statutory obligations and we do not sit as some type of literary editorial board.”

   1 later decision quote this exact passage
   e.g. South Dakota State Federation of Labor AFL-CIO v. Jackley

3. “If the proponents or opponents of a proposed amendment to the Constitution, initiated measure, or referred measure believe that the attorney general’s statement does not satisfy the requirements of § 12-13-9 or 12-13-25.1, they shall, within seven days of delivery of the statement to the secretary of state, file an action in circuit court challenging the adequacy of the statement. The action takes precedence over other cases in circuit court and a final order shall be filed within fifteen days of the commencement of the action. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within five days of the date of the circuit court order.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Ageton v. Jackley