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← 323 So. 2d 259 - Boardman v. Esteva

323 So. 2d 259 - Boardman v. Esteva’s Empirical Analysis

1975

Citation profile

50
cited by 50 later decisions
2
cited 2 times by the Supreme Court
7
states following
February 2021
most recently cited

41 state decisions

How this case has been cited

Cited by 50 later decisions (2 by the Supreme Court) — most recently February 2021 · most notably George Bush v. Albert Gore (2000), Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton (2000)

41 state decisions

170197519801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Brown v. Grzeskowiak · State Ex Rel. Whitley v. Rinehart · State Ex Rel. Harry v. Ice · 137 So. 2d 563 - McBurnette v. Playground Equipment Corp. · McMaster v. Wilkinson

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

  1. “"`We first take note that the real parties in interest here, not in the legal sense but in realistic terms, are the voters. They are possessed of the ultimate interest and it is they whom we must give primary consideration. The contestants have direct interests certainly, but the office they seek is one of high public service and of utmost importance to the people, thus subordinating their interests to that of the people. Ours is a government of, by, and for the people. Our federal and state constitutions guarantee the right of the people to take an active part in the process of that government, which for most of our citizens means participation via the election process. The right to vote is the right to participate; it is also the right to speak, but more importantly the right to be heard. We must tread carefully on that right or risk the unnecessary and unjustified muting of the public voice. By refusing to recognize an otherwise valid exercise of the right of a citizen to vote for the sake of sacred, unyielding adherence to statutory scripture, we would in effect nullify that right.'"”
    10 later decisions quote this exact passage
  2. “`(b) whether there has been substantial compliance with the essential requirements of the absentee voting law; and”
    10 later decisions quote this exact passage
  3. “"The election process is subject to legislative prescription and constitutional command and is committed to the executive branch of government through duly designated officials all charged with specific duties... . [The] judgments [of those officials] are entitled to be regarded by the courts as presumptively correct and if rational and not clearly outside legal requirements should be upheld rather than substituted by the impression a particular judge or panel of judges might deem more appropriate. It is certainly the intent of the constitution and the legislature that the results of elections are to be efficiently, honestly and promptly ascertained by election officials to whom some latitude of judgment is accorded, and that courts are to overturn such determinations only for compelling reasons when there are clear, substantial departures from essential requirements of law."”
    7 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.