challenges to the Office of State Administrative Hearings for a
6.At present, the "agency," i.e. the Office of the Secretaryof State, has made no determination of candidate qualifications;has issued no decision; and is not a party to these actions, andit would therefore be inappropriate in these actions for theagency to bear the burden of proof as initially suggested by OSAH
Rule 616-1-2-.07(1). The burden of proof therefore must lie
either with the named Plaintiffs (i.e., to prove the Defendantineligible) or with the named Defendant (i.e., to prove himself
Article II, Section I, Clause 5 of the United StatesConstitution provides, in pertinent part, that "[n]o Person
except a natural born Citizen, or a Citizen of the United States,
at the time of the Adoption of this Constitution, shall beeligible to the Office of President...."
O.C.G.A. § 21-2-5(a) requires that "[e]very candidate forfederal...office who is certified by the state executivecommittee of a political party or who files a notice of candidacy
the constitutional and statutory qualifications forholding the office being sought (emphasis supplied)."