[chris37]

I don’t.

There is no actual law that says an ineligible person can’t run in a primary, or be nominated or run in the general for president.

“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;”

It only seems to say that after a person is elected and attempts to take office is when a foul could be called.

Least that’s how I read it. It doesn’t say anything about elections or nominations or primaries.

[mrsmith]

But many state laws do.

If a state requires the candidate to be qualified then a determination by the state that he isn’t presents a judicial issue, several even.

[Cboldt]

-- Least that's how I read it. It doesn't say anything about elections or nominations or primaries. --

There are laws against swearing a Certification of Eligibility that contains materially false statements, and the states have an interest in putting only eligible candidates on the ballot. Can you imagine the chaos in elections, otherwise?

All that lies outside the constitution, which operates in matters of succession and seating.

[Mechanicos]

Here is the possible danger: Assume Cruz wins the GOP nomination. In the general, at a time late in the election a Democrat operative (any one of the 14 Dems) uses a democrat federal judge to get a preliminary injunction against Cruz (Very likely with past history). There will be no GOP candidate since we do not elect the VP. Thus it will fall to the next highest vote getter OR the incumbent will stay on until the Courts sort it out.

Thats a very bad possible result that Cruz can prevent now as he has standing and can ask for a declaratory opinion now eliminating this danger.

[Uncle Sham]

The President Elect, who doesn't have an identity until AFTER Congress has authenticated and ACCEPTED AS FINAL the Electoral College results on January 15th, is instructed by the Twentieth Amendment, Section Three, to prove he/she meets the eligibility requirements for holding the office of President. If he/she doesn't qualify, Congress is instructed to name an interim President.