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
Judge Tosses Claim Disputing Cruz's Ballot Eligibility
Republican presidential candidate Sen. Ted Cruz, R-Texas, speaks during a campaign appearance Monday in San Antonio.   (AP Photo/Darren Abate)

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. (More Ted Cruz 2016 stories.)

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