A New York judge has thrown out a lawsuit challenging the eligibility of Texas Senator Ted Cruz to run in New York’s Republican primary scheduled for April 19.
Citing the petitioners had failed to file prior to a mandatory deadline. Judge David A. Weinstein dismissed the case without considering the merits of the claim.
Litigants Barry Korman and William Gallo filed their suit contesting Mr. Cruz’s eligibility for New York’s presidential ballot over his Calgary, Alberta, Canada, birth in 1970 — per Article II of the U.S. Constitution.
Cruz’s parents, Rafael and Eleanor, briefly lived in Canada in the early 1970s when the two owned a small seismic-data processing firm and contracted with petroleum companies in Canada.
Cruz’s father, Rafael Cruz, was granted asylum in the United States in 1961, but Cruz’s mother is a natural born U.S. citizen.
New York’s suit follows similar legal efforts challenging Cruz’s eligibility for the White House. Recently, an Illinois judge dismissed a claim against Cruz.
Lawsuits in Pennsylvania, Alabama and Texas have charged that the conservative 45 year-old senator is not a natural born citizen and therefore ineligible for the presidency.
Attorney for Mr. Korman and Mr. Gallo, Roger Bernstein, stated an appeal is likely.
[CNN] [Reuters] [Photo courtesy CNBC]