In which case I'd say BHO should be stepping out any day now. No way Ayers would pass the background check. His known associations would bar him from being eligible. Its not just about the over 35 and a citizen part.
Of course, they could always just take his word for it all, like they apparently have with BHO. Except those dang pictures with Hugo Chavez....
To do otherwise would undercut the very foundation of the US Justice system, "Innocent until proven guilty". He's never been proven guilty of anything, and "everybody knows" or "it's no secret" is not sufficient. Now, I'm totally certain that his past associations would be used by his opponents to defeat him, but he is eligible and could legally seek the office. Believe it or not, even the US Communist party can field a candidate, they just know that it's not worth the effort.