Unchallenged allegations of fact are to be accepted as verities. IOW, what you don't deny; you admit.
“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.