1. Plaintiffs challenged the constitutional qualifications of President Barack Obamabefore the Indiana Elections Commission (“IEC”) and sought to have him removed from theIndiana ballot.
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. On March 23, 2012, Plaintiffs filed a “Petition for Emergency Injunctive Relief and Petition for Declaratory Relief” with this Court to challenge the decision of the IEC.
Plaintiff Taitz did not technically file a challenge before the IEC challenging thequalifications; however, Plaintiff Taitz appeared before the IEC and provided information andevidence to the IEC. Plaintiff Taitz is a party to this litigation and has represented the otherplaintiffs as their counsel. Accordingly, Plaintiffs Taitz is in privity with the other plaintiffs whofiled challenges (before the IEC) to the constitutional qualifications of President Obama.
Small v. Centocor, Inc.
, 731 N.E.2d 22, 27-28 (Ind. Ct. App. 2000),
(privity “includes those who control an action, though not a party to it, and those whose interestsare represented by a party to an action”);
State v. Speidel
, 392 N.E.2d 1172, 1176 (Ind. Ct. App.1979) (court to look beyond the nominal parties and looks to those whose interest makes the realparties).
For the benefit of Plaintiffs, this Court construed Plaintiff’s filing as a Verified Petitionfor Judicial Review as that was the only means by which the decision of the IEC could bereviewed.