21. Plaintiffs challenged the constitutional qualifications of President Barack Obamabefore the Indiana Elections Commission and seek to have him removed from the Indianaballot.
2. The IEC unanimously denied Plaintiffs’ challenge on February 24, 2012.3. The review of the decision of the IEC is governed by the Administrative Ordersand Procedures Act (“AOPA”).
I.C. § 4-21.5,
I.C. § 4-21.5-5-1 (AOPA“establishes the exclusive means for judicial review of an agency action”);
Indiana State Board of Health Facility Admn’rs v. Werner
, 841 N.E.2d 1196, 1205 (Ind. Ct. App. 2006) (strictcompliance with the mandates of AOPA is required);
Burke v. Board of Directors of MonroeCounty Public Library
, 709 N.E.2d 1036, 1041 (Ind. Ct. App. 1999) (“the failure to adhere to thestatutory prerequisites for judicial review of administrative action is fatal in that it deprives thetrial court of” authority to entertain the petition).4. Plaintiffs filed an action with this Court challenging the decision of the IEC. Thisaction was initiated on March 23, 2012.
5. Plaintiffs filed an amended pleading titled “First Amended Complaint InjunctiveRelief, Petition for Emergency Stay Under AOPA, Petition for Declaratory Relief, Complaint forFraud Negligence Breach of Fiduciary Duty” on May 7, 2012.
This Court notes that Plaintiff Taitz did not technically file a challenge before the IECchallenging the qualifications; however, Plaintiff Taitz appeared before the IEC and providedinformation and evidence to the IEC. Plaintiff Taitz is a party to this litigation and hasrepresented the other plaintiffs as their counsel. Accordingly, this Court finds that PlaintiffsTaitz is in privity with the other plaintiffs who filed challenges (before the IEC) to theconstitutional qualifications of President Obama.
The Court recognizes that Plaintiffs’ initial filing was titled a “Petition for EmergencyInjunctive Relief and Petition for Declaratory Relief.” Nevertheless, this Court construedPlaintiff’s filing as a Verified Petition for Judicial Review as that was the only means by whichthe decision of the IEC could be reviewed.