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← 216 Ind. 267 - McCardle v. Holcomb

McCardle v. Holcomb’s Empirical Analysis

1939

Citation profile

2
cited by 2 later decisions
1
states following
November 1951
most recently cited

2 state decisions

Relationships

Relies on Reach v. Quinn

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

  1. ““In the case before us the purpose of the statute, as we have said, is to preserve the purity of, the ballot. There is no express provision that' the signature be accompanied by an official designation, although the word ‘official’ is used in connection with the' requirement for the use of the seal. If the absent voters who .received the ballots had taken the precaution to examine the statute to see whether the ballots were legal, it cannot be said that they would have been justified in- rejecting them and demanding others. To reject these ballots after they have been voted would be to disfranchise the voters who used them, upon the ground that, while the letter of the statute was followed in authenticating them, the words, ‘his signature,’.. as used in the statute, required something more than is ordinarily implied in common parlance by' the use of that expression. There is no suggestion that the ballots were illegally obtained by the voters, or that their use impaired the honesty or secrecy of the election or violated the spirit of the election laws. Under such circumstances, the mere irregularity, if it was an irregularity, of an election officer will not be permitted to disfranchise-the voter.” (Our italics),”
    1 later decision quote this exact passage
  2. ““. . . Before mailing or delivering any ballot the clerk [of the circuit court] shall affix his official seal and place his signature near the lower left hand corner on the back thereof leaving sufficient space on the margin of such ballot for the initials of the poll-clerks.””
    1 later decision quote this exact passage
  3. “■' “It cannot be doubted that a ballot signed by the clerk with his own personal signature, and bearing the official seal of his office, is sufficiently authenticated to provide the protection desired. . . .” (Emphasis supplied.)”
    1 later decision quote this exact passage

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.