New York Court Throws Out Case Challenging Cruz’s Eligibility

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Kerry Picket Political Reporter
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Texas Sen. [crscore]Ted Cruz[/crscore] has already won a big victory in New York after visiting this week. The state’s  Supreme Court Appellate Division dismissed a case against the Republican presidential candidate that challenged his eligibility for the Oval Office.

Three weeks after Cruz filed to be on the New York State presidential primary ballot, Barry Korman and other petitioners claimed Cruz did not qualify for the state’s primary ballot because they believe he is not a natural-born citizen of the United States, which is required by the U.S. Constitution. The plaintiffs charged that Cruz is a natural-born citizen of Canada.

Cruz’s defense team and the New York State Board of Elections claimed that the petitioners lacked standing to continue with the proceeding due to their failure to file timely objections, among other issues. The court agreed with the respondents arguments, saying:

“It is undisputed that petitioners did not file their general objections and specifications until February 17, 2016, thus failing to comply with the prescribed time frame set forth in Election Law § 6-154.”

The court’s opinion later states, “Under these circumstances, we are simply unable to relax the mandatory filing requirements of Election Law § 6-154 (2) or excuse petitioners’ noncompliance therewith. Accordingly, we find no reason to disturb Supreme Court’s determination. Our holding renders petitioners’ remaining contentions academic.”

Cruz, who was born in Calgary, Canada on December 22, 1970 to an American-born mother and a Cuban-born father, faced a previous failed lawsuit in Chicago back in February over his eligibility.

The Texas Republican was hit with repeated accusations from GOP front-runner Donald Trump since the beginning of the primary season that the question over Cruz’s eligibility would be a legal and political deterrent for him during the election season.

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