Indiana Warns Obama Of Eligibility 'Default'

A state commission in Indiana that was asked to review whether Barack Obama is eligible to be on the state’s 2012 ballot has scheduled a hearing for Friday, and warned the parties to the argument that those who fail to attend may be subject to a default decision.

The notice was signed by Trent Deckard and J. Bradley King, co-directors of the Indiana Election Commission, and regards case No. 2012-176, which is a challenge to Obama brought by Karl Swihart.

“The hearing is called to determine the merits of the candidate challenge pursuant to Indiana Code 3-8-1-2,” the notice, addressed to Barack Obama at a Chicago address for his campaign, explains. “A party who fails to attend or participate in the hearing may be held in default or have the proceeding dismissed.”

A similar hearing was held last month in Georgia, and Obama and his attorney refused to participate. Instead of accepting the judge’s offer of a default judgment then, which probably would have recommended to the secretary of state that Obama’s name not be on the 2012 election ballot in the state, attorneys for several citizens raising various issues asked to present evidence regarding Obama’s ineligibility.

The judge, Michael Malihi, allowed that in several cases, but then in one sweeping opinion that didn’t even respond to some of the legal motions pending, he dismissed the testimony and ruled without evidence from Obama that he should be on the 2012 state election ballot.

The move is part of an effort on the part of citizens across the country to use each state’s election procedures to challenge Obama’s name on state ballots. It is the states that run elections, not the federal government, and the presidential race results are just a compilation of the elections run by all the states.

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