“Unchallenged allegations of fact are to be accepted as verities. IOW, what you don’t deny; you admit.”
IIUC that is NOT true in an ALJ hearing. The ALJ has broad discretion regarding what claims in the pleadings are credible and probative.
IIUC, if the defendant doesn’t show up for an eligibility hearing, the ALJ grants the statutory remedy requested by the plaintiffs which was removal of Barry from the ballot...period. A default removal from the ballot would NOT have been a ruling that the defendant candidate was ineligible, only that the candidate didn’t show up to defend that eligibility as required by statute.
No facts or testimony are found by the court to be factual in the event of a default.
In a default hearing, facts and conclusions of law are entered.
I’m addition to entering a default judgment, the judge enters the additional GA re regarding jurisdiction, that device of the complaint complied with the rules and the the defendant failed to appear or defend the allegations.
Somebody got to this guy, but more likely is simply part of the corrupt network of government officials.
“No facts or testimony are found by the court to be factual in the event of a default.”
Plaintiff David Farrar took the witness stand and stated he was a Georgia registered voter and objected to Obama being placed on the ballot due to publicly available information on Obama’s birth location.
The burden of proof does not shift to Plaintiff because Plaintiff objected to Obama being on the ballot. A pretrial Order stated the burden of proof was on Obama. There was no opposition to Plaintiff’s objection. Consequently, the objection to Obama’s ballot placement must be sustained.