Posted on 03/01/2016 12:46:46 PM PST by GIdget2004
A judge has dismissed a claim that Republican presidential candidate Ted Cruz isn't eligible for the Illinois ballot because he was born in Canada.
Cook County Circuit Court Judge Maureen Ward Kirby tossed the case on a technicality Tuesday.  Kirby says the suburban Chicago attorney who filed the complaint, Lawrence Joyce, failed to give a copy of it to Cruz or state electoral board members, as required by Illinois law. Instead, Joyce served only lawyers representing Cruz and the board.
(Excerpt) Read more at abcnews.go.com ...
Now, only if he can get the votes ....
What an idiot lawyer. His attorneys would of had to state that they would accept service on behalf of Cruz. If not, of course the papers would need to be served directly to Cruz himself.
Judge N. on Fox predicted it would be tossed last night, but not a technicality.
Good, now he can be humiliated!
The technicality appears to be that he gave it to the board, but not to the individual board members; and that he gave it to Cruz’s lawyers, but not to Cruz himself.
If this issue was still needed, this leaves the merits of the case wide open.
But it’s not needed, Cruz shall soon lose.
We knew this was coming. Yawn.
If Cruz had proven to be a threat, TRUMP could have had standing, but during a political campaign is no time to litigate vague constitutional law.
But, where is Cruz’ NBC form, exactly? It would be interesting to see what his form looks like, since it is an aberration to the obvious birth certificates given those who are born here, to two American citizens, neither who is a citizen of another country.
Funny how these NBC cases tend to get thrown out each and every time.
So - that is a newbie clerical error for an attorney. I wonder if she knew it would be rejected anyway, so she gave the judge a legal out.
THIS WAY, THEY CAN BRING THE SUIT AGAIN.
Typical DemocRATS.
Exactly, funny. That is what the courts think of these cases, and with good reason.
Wow, a COOK COUNTY judge ruled...that’s IT, no further discussion allowed.
Please, this is some Dem hack judge, whose ruling doesn’t even carry weight in state court, let alone federal court.
Let Cruz get nominated, and THEN you’ll see some rulings that matter (either way that would go, I’m taking no position on that here).
Isn’t that interesting? Would be nice for attorneys to chime in on this.
Let’s say we posit someone we for sure are certain isn’t eligible - like Putin.
OK, so Putin’s running for President.
If we didn’t like that, who would be able to challenge? What venue? Who would be the defending party or parties? At what point in the election process is too early or too late?
If we had decent answers to these questions, at least there would be a legal roadmap/template to follow, to allow a challenge to be reviewed on merit.
Just seems to me that these challenges are all over the map.
Trump would not have standing.
One of Obama's opponents had his challenge thrown out because he didn't have standing. I forgot why.
That was my understanding that a state SECRETARY of STATE could hear a protest, but from only another candidate, who would have legitimate standing, however, I say again, such a protest would not be fruitful during the heat of campaign.
Someone said that contesting citizenship would have to be made by August, 90 days prior to an election day.
Neither counties nor states have jurisdiction in determination of citizenship. The rules of naturalization are constitutionally limited to Congress via Article 1 Section 8. This is exactly the same as the rules for bankruptcies, which incidentally is included in the same clause.
Yeah, but counties and states presumably have jurisdiction over who appears on their ballots. Still, I’m perplexed that this didn’t immediately go to a state-level court, or to federal District Court in IL. Strange.
That sounds like really sloppy service.
I don't have one but my daughter does. It's issued by the Department Of State and is entitled, "Certificate Of Birth Abroad".
Really? I was curious. Cruz’ NBC form is older by now and I am curious what his looks like. Perhaps they stayed the same, in appearance. Thank you for your reply. Rita
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