Cures Without Cloning v. Pund’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Insufficient means “inadequate; especially lacking adequate power, capacity, or competence.” The word “unfair” means to be “marked by injustice, partiality, or deception.” Thus, the words “insufficient [or] unfair” ... mean to inadequately [or] with bias, prejudice, deception and/or favoritism state the [consequences of the initiative]. 6”

   2 later decisions quote this exact passage
   e.g. Missouri Municipal League v. Carnahan · Norman Seay v. Tim Jones

2. “Missouri courts have recognized that “Section 116.190 allows the trial court to correct any insufficient or unfair language of the ballot title and to certify the corrected official ballot title to the secretary of state.” These decisions are consistent with Section 116.190.3, which allows a petitioner in circuit court to request a “different summary statement” if the Secretary’s ballot title is determined insufficient or unfair. Notably, there is no provision for a remand of the summary statement under these circumstances. Section 116.190.4 gives the court discretion to remand a fiscal note or fiscal note summary to the State Auditor to correct deficiencies, but the statute does not authorize remand of any portion of the ballot title to the Secretary for modification. The statute implicitly allows the court to certify a corrected summary statement, and then “the secretary of state shall certify the language which the court certifies to [her].” Section 116.190.4.”

   1 later decision quote this exact passage
   e.g. Norman Seay v. Tim Jones

3. “The Secretary is responsible for certifying the official ballot title of an initiative. The ballot title has two parts: a summary statement and a fiscal note summary. Once an initiative proposal is submitted to the Sec retary and the Attorney General and approved as to form, the Secretary must prepare a summary statement of the initiative, not to exceed 100 words. The summary ‘shall be in the form of a question using language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure.' The summary statement is then affixed to each page of the initiative petition before being circulated for signatures.”

   1 later decision quote this exact passage
   e.g. Knight v. Carnahan