Illinois judge tosses Ted Cruz eligibility lawsuit

By Staff Writer | Mar 02, 2016 12:25 AM EST

A state judge on Tuesday dismissed a lawsuit from an Illinois voter challenging Ted Cruz's eligibility to run for president of the United States of America. The judge said that the lawsuit had not been properly served on the Board of Elections.

Reuters reported that since Lawrence Joyce, a lawyer and pharmacist from Chicago who filed the complaint, did not properly file his petition for judicial review, Cook County Circuit Court Judge Maureen Ward Kirby ruled that she did not have jurisdiction over the case.

In January, Lawrence Joyce sought to have the Republican removed from the state's ballot.  Joyce argued in his lawsuit that under the US constitution, Cruz cannot run for president because the Republican senator from Texas is not a 'natural born' citizen, says NDTV. Ted Cruz gained citizenship at birth since his mother is a legitimate American citizen, however, Joyce contends that it was a form of naturalization. Meanwhile, being an attorney himself, Cruz maintained that he is a natural-born American because of his mother's citizenship.

According to Global Post, Joyce also said that he did not want Cruz to win the nomination because he believes that the Democrats would then seek to have the Texan disqualified because he was not born in the US. Sharee Langenstein, Cruz's lawyer, called the lawsuit 'a misguided attempt' to distract voters away from the most qualified candidate we have for president.'

Judge Kirby ruled that Joyce should have filed the complaint directly to Cruz and the Board of Elections, not to their lawyers. Reports say the Joyce has not yet decided whether he will appeal Judge Kirby's ruling. He added that his decision mainly depends whether Trump dominates in the Super Tuesday contests and becomes the most likely Republican nominee.

Meanwhile, voters in Texas, Pennsylvania, Alabama and New York have also filed legal challenges to Ted Cruz's eligibility. 

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