Birthers are certainly a tenacious lot. Despite evidence that President Obama is an American citizen, born in the USA, members of the birther movement in Georgia are trying to keep him off of the state’s ballot. A hearing on the matter was held in Atlanta Thursday, but ended without a decision from presiding Judge Michael Malihi, the Atlanta Journal-Constitution reports.

The lawyers representing the challengers argued that Obama is not a natural-born citizen of the U.S. and that his birth, passport and social security records are forgeries.

Neither the president nor his counsel appeared at the proceeding, because according to a letter from attorney Michael Jablonski, the hearing was “baseless, costly and unproductive,” prompting the challengers’ lawyers to call for Obama to be held in contempt for ignoring a subpoena complying them to be there.

According to a Journal-Constitution report, Malihi can only make a recommendation. The final decision on whether Obama appears on the November ballot rests in the hands of Secretary of State Brian Kemp, who is a Republican, who will likely decide against removing Obama’s name.

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(Photo: Courtesy Huffington Post)