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Citizens for Tax Reform v. Deters

November 20, 2006

CITIZENS FOR TAX REFORM, ET AL., PLAINTIFFS,
v.
JOSEPH T. DETERS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Susan J. Dlott United States District Judge

District Judge Susan J. Dlott

ORDER

This matter comes before the Court on the State of Ohio's Motion to Supplement the Record. (Doc. 57.) Cross-motions for summary judgment are currently pending before the Court. Briefing on the motions is complete. The State of Ohio now seeks to supplement the record with "evidence" allegedly supporting its argument that the Ohio Revised Code § 3599.111, which prohibits circulators of any election-related petition from being paid on a per-signature basis, is justified on the grounds that it will help eliminate election fraud. The evidence consists of three newspaper articles concerning possible irregularities in voter registrations and petition circulation in Ohio in the recent November 2006 election.

Rule 56 of the Federal Rules of Civil Procedure states that summary judgment motions shall be supported by "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact." Fed. R. Civ. P. 56(c). The newspaper articles proffered by the State of Ohio do not meet the Rule 56 standard. Even a cursory examination makes plain that the newspaper articles constitute classic examples of inadmissible hearsay. Fed. R. Evid. 801, 802.*fn1

For the foregoing reasons, the State of Ohio's Motion to Supplement the Record (doc. 57) is DENIED.

IT IS SO ...


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