Dust v. Riviere’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On the one hand, it is not required that the ballot title contain a synopsis of the amendment or statute.... It is sufficient for the title to be complete enough to convey an intelligible idea of the scope and import of the proposed law .... We have recognized the impossibility of preparing a ballot title that would suit every one.... Yet, on the other hand, the ballot title must be free from "any misleading tendency, whether of amplification, of omission, or of fallacy," and it must not be tinged with partisan coloring.... It is evident that before determining the sufficiency of the present ballot title we must first ascertain what changes in the law would be brought about by the adoption of the proposed amendment. For the elector, in voting upon a constitutional amendment, is simply making a choice between retention of the existing law and the substitution of something new. It is the function of the ballot title to provide information concerning the choice that he is called upon to make. Hence the adequacy of the title is directly related to the changes that he is given the opportunity of approving.”

   1 later decision quote this exact passage
   e.g. Christian Civic Action Committee v. McCuen

2. “While neither the length nor the complexity of the ballot title should be a controlling factor, it is a consideration.... [C]ommon sense requires that we ask whether the average voter can make an intelligent considerate decision based on the ballot title.... We have concluded that the proposed ballot title is so complex, detailed, lengthy, misleading and confusing that the Arkansas voter cannot intelligently make a choice based on the title. The best evidence of that is the ballot title itself. We attach the ballot title as an addendum to this opinion and invite any disinterested person to read it in the time one would ordinarily use in a voting booth, and understand the changes that the amendment proposes.”

   1 later decision quote this exact passage
   e.g. Christian Civic Action Committee v. McCuen

3. “The voter, who is a residential or small business customer, has a right to know that these interests can direct and control the Board which is supposed to represent and advocate the interests of residential and small business consumers.”

   1 later decision quote this exact passage
   e.g. Parker v. Priest