Martha L. Millsaps’s Empirical Analysis

Citation profile

2 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. “"The Court finds that the common sense meaning of the phrase an election is 'held' on Tuesday refers to the day upon which voters cast their ballots.... Clearly, there are ministerial obligations of the election board to prepare for election day prior to the 'Tuesday next after the first Monday in the month of November,' and there are administrative tasks necessary to tabulate the votes subsequent to that day. The reference to ‘election’ in Article XV, Section 7 could not possibly have been intended by the framers to refer to the entire election process, which would include those tasks. The election as referred to in Article XV, Section 7 refers to the date when voters cast their ballots. To suggest that the framers intended that the entire election process would be concluded on the 'Tuesday next after the first Ltonday in the month of November,’ ignores the historical reality. Even in today’s world with automobiles, trains, planes, and computers, this cannot be done in most instances. Certainly, in the days of the horse and buggy, it could not be done. So, it is clear to this Court that the framers, by setting forth the date of the election, intended to refer to the date that all qualified voters could appear at the polls to cast their ballots.””

   1 later decision quote this exact passage · from the dissent
   e.g. Lamone v. Capozzi

2. “"§ 1. Time for election of Senators "At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter.””

   1 later decision quote this exact passage · from the dissent
   e.g. Lamone v. Capozzi

3. ““[W]e see no principled distinction between the [TEVS] at issue in this ease and the mechanics of absentee voting .... the plaintiffs’ argument would apply with equal force to absentee voting and result in a declaration that federal law preempts a widely accepted and long-standing electoral practice.””

   1 later decision quote this exact passage · from the dissent
   e.g. Lamone v. Capozzi