Marshall v. Stepka’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In a series of decisions rendered when this section [Minn. St. 1957, § 206.17] was in force, this court has held that any kind of a distinguishing mark or figure placed upon a ballot nullified such ballot and disenfranchised the voter casting it, even where it was clear that the voter did not make the mark or figure which identified the ballot. Apparently to correct this injustice, the legislature enacted the portions of § 204.22 above quoted.”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Swenson

2. ““* * * To hold otherwise would be to ignore the clear legislative directives embodied in § 204.22 that a ballot should not be rejected for any technical error that does not make it impossible to determine the voter’s choice; and in § 204.22(k) that a ballot may be held defective because of distinguishing characteristics only when it is evident that the voter casting it intended thereby to identify his ballot.””

   1 later decision quote this exact passage · from the majority
   e.g. Fitzgerald v. Morlock

3. ““In counting ballots a ballot may not be rejected for any technical error that does not make it impossible to determine the voter’s choice even though the ballot may be slightly soiled or defaced. All ballots shall be counted for the persons for whom they were intended, so far as the intent can be clearly ascertained from the ballots themselves; * *”

   1 later decision quote this exact passage · from the majority
   e.g. Fitzgerald v. Morlock