Judge Tosses Claim Disputing Cruz's Ballot Eligibility Case gets dismissed on a technicality By Newser Editors and Wire Services Posted Mar 1, 2016 3:04 PM CST 53 comments Comments Republican presidential candidate Sen. Ted Cruz, R-Texas, speaks during a campaign appearance Monday in San Antonio. (AP Photo/Darren Abate) (Newser) – A judge has dismissed a claim that Republican presidential candidate Ted Cruz isn't eligible for the Illinois ballot because he was born in Canada. Cook County Circuit Court Judge Maureen Ward Kirby tossed the case on a technicality Tuesday, the AP reports. Kirby says the suburban Chicago attorney who filed the complaint, Lawrence Joyce, failed to give a copy of it to Cruz or state electoral board members, as required by Illinois law. Instead, Joyce served only lawyers representing Cruz and the board. Joyce says the Texas senator can't be president because he wasn't born in the US. Cruz and some legal experts say he's eligible because his mother was a US citizen when he was born. Joyce backs Ben Carson but says he acted on his own. Illinois' primary is March 15.