Posted on 03/24/2016 8:32:11 AM PDT by Behind Liberal Lines
Appeal from an order of the Supreme Court (Weinstein, J.), entered March 7, 2016 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the certificate of designation naming respondent Rafael Edward ("Ted") Cruz as a Republican Party candidate for the office of President of the United States in the April 19, 2016 presidential primary election.
petitioners commenced this proceeding pursuant to Election Law § 16-102 seeking to declare invalid Cruz's certificate of designation on the basis that Cruz is a natural born citizen of Canada and not the United States.
the Board determined that petitioners' objections were invalid, reasoning, as is relevant herein, that the objections raised issues that were beyond the ministerial purview of the Board and that they were not timely filed
Supreme Court dismissed the petition, finding, among other things, that petitioners failed to file their objections in a timely manner and that such failure deprived the court of jurisdiction over the proceeding.
Petitioners appeal. We affirm.
(Excerpt) Read more at decisions.courts.state.ny.us ...
Hmm. Beyond the “ministerial purview of the board?” How so?
“Not timely filed?” When did someone have to file this, 1970s?
In short, they didn’t rule on the issue at hand. They ruled on a filing date.
I really would like to see this judged on its merits rather than adjudicated on technicalities.
I say this not as a enemy of Senator Cruz, but the whole country needs the issue of what is a “natural born” citizen legally defined once and for all.
The issue of Obama’s or even McCain’s eligibility in past elections, and this year we’ve had Jindal, Rubio and Cruz, all in a gray area in this regard, demands it be addressed.
If not, we could even have people like Arnold Swatrzeneggar saying they’re “natural born” (”Hay, my mutta had me naturally in Austria, but I always considered myself American even den, and got citizen-chip heeya!”)
IOWs, Trump supporters are still batting zero on the birther issue. The only ones winning are greedy lawyers eager to take money for losing arguments.
Until the USSC rules on this we will have this dance every 4 years. They should have taken the cases 7 years ago.
Trump actually has little to do with it. What needs to be accepted is that Constitutional originalism belongs to history and phlosophy, and is not active American legal theory. This has been explained to Trump, which is why he’s not going to waste his own money.
CanuckTed born in Canada to a Canadian citizen at time of his birth.
CanuckTed’s mother voted in Canadian elections prior to his birth.
Only Canadian citizens are allowed to vote in Canadian elections.
CanuckTed had his mother’s records sealed...not unlike Comrade obamatollah.
Why would CanuckTed seal records?
The funny thing is the S.C. keeps baiting others to toss their lawyer fees into fray by doing this. It is still an issue everyone says, so why not try and try again. Like waves against the shoreline except they keep reinforcing the shoreline by pouring cement.
WE KNOW FACTUALLY---SEN.CRUZ WAS BORN IN CANADA TO A MOTHER WHO WAS A CANADIAN CITIZEN AT THE TIME OF HIS BIRTH.
Cruz/s mother was born here in Delaware....but evidence surfaced that she renounced her American citizenship and became a Canadian.
Proof-positive was found on Canadian voting lists where she was registered to vote.
Needless to say, Canada only allows Canadians....not citizens from other countries....to vote in their elections.
You convinced me, now put your money up and take it to court. /s
The election board expressly does not rule on eligibility. It is acceptable in NY to corrupt the ballot, as far as the Election Board is concerned. Their only role is paper pushing.
Summary of Action / Docket sheet in Elliott v. Cruz - Pennsylvania Supreme Court 29 MAP 2016
Show the official documents that prove your statements
The states have no authority with regards to federal citizenship and naturalization issues. It is an exclusive and enumerated power of Congress per Article 1 Section 8. As the petition required the state (or agency there of) to make a determination with regards to citizenship, it was beyond the power of the board.
CanuckTed sealed his mother's records that would indicate her Canadian citizenship or prove her US citizenship.
Why would CanuckTed seal records other than to hide the truth.
CanuckTed, and only CanuckTed, has responsibility to demonstrate he is indeed eligible.
CanuckTed...RELEASE YOUR CRBA!
CanuckTed...RELEASE THE SEALED RECORDS!
Irrelevant with regards to US law on citizenship and NBC status. Only US law is relevant.
CanuckTed’s mother voted in Canadian elections prior to his birth
Assumes facts not in evidence. While his mom's name did appear in a census of voters, it is not the same as her voting in elections.
Sealing records is a common tactic by politicians to prevent smears by their opposition. This is especially true when people want to attack an easy target of a dead person who is unable to defend themselves.
Ok, thanks.
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