The Idaho Republican Party v Ysursa

Filing 67

ORDER. The parties submitted electronic copies of depositions with the objections included as electronic sticky notes. The Court has written its rulings to the objections on those same electronic sticky notes. The Court will attach a print out of the relevant depositions pages, along with the electronic sticky notes, to this Order. These will constitute the Court's ruling on the objections. Signed by Judge B. Lynn Winmill. (Attachments: # 1 Adams, # 2 Barrett, # 3 Beck, # 4 Bowers, # 5 Kulczyk, # 6 Mansfield, # 7 Maxwell, # 8 Ripley, # 9 Vance)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

The Idaho Republican Party v Ysursa

Doc. 67 Att. 4

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answers are in response to a question that you understand. So if you're having difficulty understanding my question, please tell me, and I'll rephrase it or I'll figure out how I can do a better question. A. Okay. Q. The procedures are that since there are three sets of attorneys here I'll go first, because it's my deposition; then Mr. Allen, who represents the Independent voters, will go second; then Mr. Troupis, of course, has a right to ask any follow-up questions that he wants to. A. Okay. Q. Before we get started I just want to make sure, do you have a copy of your affidavit available to you? A. Yes. Q. Okay. The first thing I'll do is make my technical objections, which you don't need to get involved in, then I'll begin my questions. A. Okay. 1 MR. GILMORE: I'll make the following hearsay objections: I will object to the second sentence of Paragraph 2 as hearsay. For Paragraph 3, I object to the last
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Q. (BY MR. GILMORE) To begin, could you look at Paragraph 2 of your affidavit, which I believe is on the top of page 2? A. Okay. Q. It says that you're the Incumbent Republican Representative in District 10. Had you been elected or were you an appointed representative? A. I was appointed. Q. Now, could you describe District 10 to me, generally? A. It's most of Caldwell, Wilder, Greenleaf and Huston. Q. Does it contain a lot of agricultural land? A. Yes. Q. And there are lots of farmers in District 10; would that be correct? A. Yes, that would be correct. Q. Now, I'm going to ask you to look at Paragraph 3 of your affidavit, if you could. A. Okay. Q. Well, no, let me just back up a little bit. I'm sorry. I got on the wrong set of notes.
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portion of the paragraph, beginning with the sentence on Line 4, starting with the words "Each of these homeowners," and continuing through the end of the paragraph. I object to all of Paragraph 4 as hearsay. I object to the first sentence of Paragraph 5 as hearsay. I object to the second sentence of Paragraph 6 as being based upon hearsay. I object to the second sentence of Paragraph 7 to the extent that it is based on hearsay regarding crossover voting. I also object to the last sentence of Paragraph 7 to the extent that it is based on hearsay regarding crossover voting. I object to the first sentence of Paragraph 9 as hearsay. I object to the last sentence of Paragraph 10 to the extent that it is based on hearsay regarding crossover voting. Now that we've gotten that out of the way, Mr. Bowers -- which I'm sure was just boring you to death -- we'll get to the real substance of the deposition now.

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Do you know whether most farmers, or many farmers, in District 10 tend to vote Republican? A. Yes. Most people in District 10 vote Republican, yes. Q. Do you know whether Mr. Takasugi's family has a family farm in Canyon County? A. Yes, they do. Q. And has his family farmed there for quite a number of years? A. Yes. Q. Are you a farmer? A. I live on a small farm, but, no, I don't do that for a living. My other family members do, but I don't, no. Q. Do you know Mr. Takasugi's job before he ran for the legislature? A. Yes, I do. Q. And what was that? A. He is the head of the Department of Agriculture. Q. And that's the State Department of Agriculture? A. Right. Q. Not the federal department?
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Summary of Comments on Bowers.ptx
Page: 3
Number: 1 Author: user Objections to Bowers Affidavit Subject: Sticky Note Date: 10/2/2010 1:42:09 PM Author: lwinmill Subject: Sticky Note Sustained as last sentence of para 2. Hearsay. Sustained as to portion of para 3. Hearsay. Sustained as to para 4. First two sentences are opinion, no foundation, and likely based on hearsay if foundation were laid. Portion which refers to article from Boise Weekly is hearsay since its only relevance is that the writer claims to have "cross voted" and that he knows that other do it as well. Sustained at to first sentence of para 5. Opinion, no foundation, and likely based on hearsay if foundation were laid. Overruled as to para 6. It is not hearsay since it is an expression of Mr. Bowers' view that his candidacy, juxtaposed against that of Takasugi, "provided the perfect environment" for cross over voting. Sustained as to second sentence of para 7, to extent that it indicates there is a "reality of cross over voting in Idaho primaries." Overruled, otherwise, since his perception as a candidate may be independently relevant. Sustained as to last sentence of para 7, to extent he indicates that he "knew" that specific issues would awaken certain voters. Sustained as to para 9. Hearsay. Sustained as to last sentence of para 10, to extent that he refers to the existence of cross over voting. Date: 10/12/2010 10:28:14 AM