Posted on 02/18/2016 2:38:43 PM PST by 2ndDivisionVet
Donald Trump's threatened to sue Ted Cruz to keep him off the ballot because of his Canadian roots -- but two New Yorkers have beat him to the punch.
The pair filed papers in Manhattan Supreme Court Thursday asking the court to order Cruz off the ballot in the the New York State Republican Presidential primaries, arguing he's ineligible to run because he was born in Canada.
Cruz has insisted that he is qualified to be President because any child born abroad to an American citizen gets American citizenship automatically.
When Cruz was born in Canada in 1970, his mother was an American citizen. She was born in Wilmington, Delaware. His father was a native of Cuba who became a citizen of Canada after Cruz was born.
In court papers, Barry Korman and William Gallo say Cruz "has publicly admitted that he was born in Canada" and New York State election law says "a person shall not be designated or nominated for a public office or party position who is ... ineligible to be elected to such office or position or ... meet the constitutional or statutory qualifications."
They point out that Article II Section 1 Clause 5 of the US Constitution says "no person except a natural born Citizen or a Citizen of the United States at the time of the Adoption of this Constitution shall be eligible to the Office of President."
Therefore, they contend, Cruz is "constitutionally ineligible" to become President.
Cruz maintains he is a "natural born" citizen, because his mom was a citizen.
The action against the NYS Board of Elections was filed by Manhattan attorney Roger Bernstein.
New York's Presidential primaries are April 19.
Cruz is facing similar challenges in at least two other states.
Short answer in the form of a question...Was Raphael Cruz Sr. a US citizen?
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