Bogie v. Hill’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We now approach the question of whether or not the chancellor correctly adjudged Hill to have been elected after holding Bogie was not properly on the ballot. Bogie contends that under § 6 of the Kentucky Constitution, ‘all elections shall be free and equal’, as construed in McKinney v. Barker, 180 Ky. 526 , 203 S.W. 303 , L.R.A.1918E, 581, Hill should not have been declared elected since he had not received a majority of the votes cast. That case holds that where a successful candidate in a primary has violated the Corrupt Practices Act, the candidate having the next highest number of votes receives the nomination; but that in a general election no candidate who has not received a majority of the votes where there are two candidates (or a plurality where there are more than two) is entitled to the office, although the candidate receiving the majority, or plurality, of the legal votes is for any reason disqualified or declared ineligible. “McKinney v. Barker, supra, expressly recited it did not overrule King v. McMahan, 179 Ky. 536 , 200 S.W. 956 , which latter case is to the effect that when a candidate is not legally on the ballot he cannot receive any legal votes and his opponent, who is legally on the ballot, although receiving a lesser number of votes, is elected because the latter receives all the legal votes cast. King v. McMahan, supra, is unsound in that it holds that the votes cast for a candidate not entitled to be on the ballot are void or illegal votes. Certainl”

   1 later decision quote this exact passage
   e.g. Woods v. Mills