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. 7

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Q. So is your statement there are no facts in the affidavit that support that 7 to 10 percent crossover effect number other than your instincts and experience? A. Hence the word "figure." Q. All right. I'm going to ask you about some senators and ask you whether or not they are, in your view, Republicans. Senator Goedde, G-o-e-d-d-e? A. Whether he is a Republican? Q. Yes, sir. A. His positive actions where he has run as a Republican, he delineates himself as a Republican. Q. Do you consider him -A. My interpretation of him with his voting records, I would call him a "RINO." Q. Meaning, a "Republican in name only"? A. Yes. That's my interpretation. Q. Thank you. How about then-Senator Little, now Lieutenant Governor Little? A. He's got a little work to do, in my humble opinion. Q. Is he a Republican or not? A. His positive actions -- he delineates
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With respect to Paragraph 8 Mr. Troupis, there, apparently, is supposed to be an Exhibit A. MR. TROUPIS: There was on the original one that was submitted. It was a transcript of two radio ads, but it wasn't transcribed. They were audio, and they were submitted with the original. MR. SMITH: I gotcha. Okay, that concludes my examination. Mr. Kresky? EXAMINATION QUESTIONS BY MR. KRESKY: Q. Good afternoon, Mr. Maxwell. A. Hello. Q. So, I take it, the objective of the IRP in this lawsuit is to institute partisan registration, correct? A. Closed primaries, party registration; you can go a variety of ways to do that, as many states have. Q. And if you have partisan registration, then a voter has to declare himself or herself a Republican at some point in the process in order
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himself as a Republican. My interpretation, the jury's still out. Q. I see. How about Senator McGee? A. From the Caldwell area? Q. Yes, sir. A. I'd give him a jury-still-out classification, again, my interpretation only. Q. He, of course, ran as a Republican; is that correct? A. He has made positive moves and runs as a Republican, yes. Q. How about Senator Bart Davis; is he a Republican? A. Bart Davis is interesting. I wouldn't have a clue what he is. Q. I see. And he, nonetheless, has run as a Republican and been elected as a Republican? A. Um-hmm. Q. I'm sorry, your answer is? You have to answer yes or no, sir. A. Well, I just affirmed that he had run 1 as a Republican. MR. SMITH: I'm going to object, for the record, to Paragraph 7 as a conclusion and an unsupported opinion.

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to participate in the primary, correct? A. Affirmative, yes. Q. And then only those people who declare themselves such could participate, right? A. Yes. Q. And, I take it, that Mr. Bastian declared himself a Republican in order to run in a Republican Primary, correct? A. Yes. Q. And he had to do so sometime before the day of the election, correct? A. Yes. Q. I'm not that familiar with the Idaho election code. Do you know how many days before you have to declare your candidacy in a particular primary? A. I'll give you a rough estimation. I believe it opens up in March, is a guess, and on your declaration of candidacy you write down which party you choose to run under or Independent. Q. March 5th for a May primary, correct? A. Yes. Q. Thank you. A. I might be off, but that's the general

6 (Pages 18 to 21) [phone] M & M COURT REPORTING [phone] (fax)

Dockets.Justia.com

Summary of Comments on Maxwell Deposition.ptx
Page: 6
Number: 1 Author: user Objection to Maxwell Affidavit Subject: Sticky Note Date: 10/2/2010 4:27:01 PM Author: lwinmill Subject: Sticky Note Date: 10/12/2010 7:28:42 AM Sustained. Conclusory and unsopported opinon.

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crossovers would not be voting in the primary to skew the numbers. Q. But you said your people did appeal to the conservative base and they ran conservative campaigns, so I don't see -A. Yes. And the counter to the crossover was additional campaign activity to overcome for the deficits, basically a mathematical deficit in the voting. What they needed to do was more GOTV, i.e., that is, "Get Out The Vote" in political vernacular, in order to overcome that 7 to 10 percent mathematical deficit. Q. Sir, are you saying that the US District Court should order Idaho to institute partisan registration so that your guys don't have to work as hard in their "Get Out The Vote" efforts? A. I'm not an attorney, but the Federal Court, in my humble opinion, should order it done for party registration for the mere fact that the Republican Central Committee has voted to do so under the First Amendment rights. And, frankly, why they choose to do that, it is, in my opinion, of no concern to the
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Q. Would you be surprised to know that Professors Alvarez and Nagler concluded that virtually all of the scholarly research in the area supports that there is, on average, 10 percent crossover in all open primary contested elections? MR. SMITH: Objection, calls for speculation. Also, it calls for a response that is immaterial to any issue in the case. Q. (BY MR. TROUPIS) Mr. Maxwell, would you be surprised to know that at least Professors Alvarez and Nagler state that the scholarly research bears you out on your gut feeling? A. Well, I don't know how to answer yes or no. I'm pleased to know that their numbers and their game theories, or whatever mathematics they've done, confirm my gut feeling, yes. Q. Thanks. MR. TROUPIS: I don't have any further questions. We'll have him read and sign. MR. SMITH: Okay. MR. TROUPIS: Mr. Maxwell, we're going to have the transcript provided to you so you can review it and make any corrections that you want, ask you to sign it under penalty of perjury; is
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court. They've chosen to exercise their First Amendment rights, period. Q. So you think the Federal Court should take its direction from the Republican Party; is that what you're saying? A. No. The Federal Court should get direction from the Constitution of the United States. Q. Which should do what the Republican Party wants; is that what the Constitution says? A. My interpretation of the First Amendment and -MR. SMITH: I think, Harry, we can stipulate Mr. Maxwell's not an attorney. MR. TROUPIS: Yes. MR. KRESKY: Okay. I have no further questions. MR. TROUPIS: I've just got one. EXAMINATION QUESTIONS BY MR. TROUPIS: Q. Mr. Maxwell, you refer to this 7 to 10 percent -- your gut feeling that there's about a 7 to 10 percent crossover; is that right? A. Yes. That's in my affidavit.

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that okay? THE WITNESS: That's fine. MR. SMITH: Mr. Maxwell, thanks very much for your time. And you will be receiving the deposition for review, and sign promptly. Thanks again. (Deposition concluded at 12:00 p.m.) (Signature requested.)

9 (Pages 30 to 33) [phone] M & M COURT REPORTING [phone] (fax)

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Number: 1 Author: user Objection to deposition question Author: lwinmill Overruled. Subject: Sticky Note Date: 10/3/2010 4:49:56 PM Subject: Sticky Note Date: 10/12/2010 7:29:35 AM