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To: Harlan1196; All
As they had the burden of proof, they had to prove their case.
Not according to Georgia law. The person desiring to be placed on the ballot has to prove their eligibility. Shall I cite that particular law or do you already know it?
35 posted on 02/15/2012 9:19:51 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36; All

So why did Hatfield submit a motion to shift the burden of proof to Obama? The judge never granted his motion - Hatfield know HE had the burden of proof when he walked in the hearing room.

http://www.art2superpac.com/UserFiles/file/Swensson-PowellvObama,MotionforDeterminationofPlacementofBurdenofProof,GeorgiaBallotAccessChallenge.pdf

The hearing was governed by the Georgia RULES OF OFFICE OF STATE ADMINISTRATIVE HEARINGS.

http://www.osah.ga.gov/documents/procedures/administrative-rules-osah.pdf

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:..”

it is clear who had the burden of proof.


54 posted on 02/15/2012 10:36:30 AM PST by Harlan1196
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