The SOS was not a party in the case. The SOS could not bear a burden of proof. Hatfield asked Malihi to determine who therefore had the burden of proof, and cited GA precedent to say that the burden of proof should fall to Obama.
Who did Malihi say had the burden of proof, and how did he specifically respond to the precedent cited by Hatfield?
He did not grant Hatfield his motions so it does not appear that he was convinced by his motion.
His decision clearly indicates that he felt the burden lay with the plaintiffs.
The Georgia SoS referred the case to the judge - from the rules:
“(j) “Referring Agency” means the state agency for which an administrative hearing is being held.”
Couple that with:
“(1) The agency shall bear the burden of proof in all matters except that:..”
and it is clear who had the burden of proof.