The New Hampshire ballot commission today rejected efforts to kick Canada-born Sen. Ted Cruz off the primary ballot based on his birth outside the United States.
That clears a key legal and political obstacle as the Texas Republican seeks the GOP nomination for president. But it’s not a clear win on the question of eligibility.
Rather, the panel found that with the law of eligibility so murky, it can’t second-guess the senator’s own claims that he passes constitutional muster. Neither the U.S. Supreme Court nor any other authority has explicitly ruled that someone like Cruz — born on foreign soil, with one American parent – can or cannot be president.
“It would be really nice if somebody would get this issue of law decided who has authority to decide constitutional issues, so every four years we don’t have this come up again,†said Manchester attorney Brad Cook, a Republican who chairs the 5-member New Hampshire Ballot Law Commission. Three people challenged Cruz’s eligibility after Secretary of State William Gardner accepted Cruz’s application for a spot on the Feb. 9 GOP primary ballot.
Add Federal court in Alabama to your list. Green et al, filed Feb 3rd.