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. 5

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in order to counteract Mr. Bastian's -- or in order to expose Mr. Bastian as a Democrat running as a Republican; is that right? A. Yes. Q. And was that money, then, not available to spend on your presentation of other campaign issues to the voters in the primary? A. Yes. Q. Would you have had any preference in the way that you ran your campaign in either presenting the issues or sending out mailers discussing who's the Democrat and who's the Republican? A. Well, yeah. I would prefer just to stick with the issues. But, you know, it seemed that that was the pertinent -- I felt one of the pertinent issues in a Republican Primary. Q. So would you call this negative campaigning? A. I guess. I mean, I would much rather prefer to sticking with the important issues. Q. How much time of your campaign and the total time of the primary did you spend on this type of negative campaigning as opposed to discussing the issues of importance to the voters
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A. Yes. Q. So isn't it a fact that there were 238 more votes cast in the presidential primary race than in the Crap race? A. Yes. If the math is correct. I trust your math. Q. However, there were 612 ballots in the presidential race that were cast for "none of the above" instead of being cast for the unopposed President Bush, correct? A. Correct. Q. So tell me, is it the case that the 612 people who voted "none of the above" they didn't bypass the unopposed presidential primary race, they, in fact, voted against President Bush on the ballot; is that right? A. You could make that -- yeah. Q. Is it fair to say -- would you agree with me that Senator Crapo, in 2004, was the most popular Republican elected official in the state of Idaho? A. Yes. My opinion. Q. And that he was the most popular candidate for the Republican Party? A. I would say yes.
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in your district? A. Well, I think that was probably more of the focus. I mean, it was -- Stan didn't have a voting record, so, you know, it wasn't compared. I mean, he went after my voting record, I responded to his issues on that. Q. In your affidavit in Paragraph 5 you point out that in your race the total votes was 105 more than were cast in the presidential primary election; is that right? A. Yes. Q. And it was 343 more than were cast in the Crapo race; is that correct? A. Yes. Q. So there were more votes cast in the presidential primary in your district than in the Crapo race, correct? A. Ask that again. Q. In your race against Bastian, the total votes exceeded those cast in the presidential primary by 105 votes. Do you see that? A. Right. Q. And the votes cast in your election, in your primary election, it exceeded the votes cast in the Crapo race by 343 votes?

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Q. Do you know of any reason that in the 343 more votes cast in your election than Senator Crapo received, that if there were true Republican voters voting in your election that they wouldn't cast a vote for Senator Crapo? MR. SMITH: Objection. That's calling for rank speculation, Counsel. MR. TROUPIS: Okay. MR. SMITH: You can answer. THE WITNESS: I would have to agree that Mr. Crapo was more popular than I was. Q. (BY MR. TROUPIS) And Mr. Crapo was unopposed? A. 2Yes. Q. So do you think that it's a fair explanation as to why these 343 voters didn't vote for Senator Crapo, that it was too difficult or too time consuming or too much of a bother to punch out the chad next to his name? MR. SMITH: Objection. It calls for speculation. MR. TROUPIS: Okay. Q. (BY MR. TROUPIS) You can answer. A. I mean, it's not much trouble to push a button.
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Summary of Comments on Kulczyk Deposition.ptx
Page: 10
Number: 1 Author: user Objection to deposition question Subject: Sticky Note Date: 10/3/2010 4:48:33 PM Author: lwinmill Subject: Sticky Note Sustained. Speculation. Number: 2 Author: user Objection to deposition question Date: 10/12/2010 7:17:05 AM Date: 10/2/2010 2:26:24 PM

Subject: Sticky Note

Author: lwinmill Subject: Sticky Note Sustained. Speculation

Date: 10/12/2010 7:17:21 AM