Judge tosses Ted Cruz citizenship challenge in Illinois
Source: USA Today
CHICAGO An Illinois judge on Tuesday dismissed a legal challenge brought by a voter who contends that Sen. Ted Cruz is ineligible to run for president because he was born in Canada.
Judge Maureen Ward Kirby of the Cook County Circuit Court dismissed the complaint brought by Lawrence Joyce, because he failed to properly serve Cruz and members of the Illinois State Board of Elections as required by law.
Joyce, a pharmacist and attorney from Poplar Grove, Ill., filed his suit last month after elections board dismissed Joyce's complaint that Cruz, who was born in Calgary to a U.S. citizen, did not meet the "natural born" eligibility requirement to seek the nation's highest office. The board ruled that it did not have jurisdiction to rule on the eligibility of the candidate in a federal race.
But Kirby said she was required to dismiss the case, because state law stipulates the candidate be served with the complaint. Joyce, who says he supports GOP presidential candidate Ben Carson, failed to serve Cruz or any members of the board.
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Read more: http://www.usatoday.com/story/news/2016/03/01/judge-dismisses-ted-cruz-illinois-citizenship-lawsuit/81153054/
forest444
(5,902 posts)In other words, on a technicality.
Frankly, I'd be surprised if the dough boy were a citizen at all. Where are his naturalization papers?
Land Shark
(6,346 posts)Not trying to comment on the merits of this one. Just saying courts typically don't reach merits and that is a bad thing. That said if you fail to serve, what is the court gonna do?
Dismiss it on its own motion on election day? Or did somebody appear without admitting service of process in order to contest?
Jeb Bartlet
(141 posts)technicalities that would warrant a dismissal. Having standing being another problem. Really the only persons who could bring a suit would be other GOP candidates but only if they lost to Cruz.
iandhr
(6,852 posts)... you be able to serve the state board of elections? It't shouldn't be to hard for a lawyer to go to their offices. And moreover shouldn't a civil lawyer know the law requires someone to be served in person?
former9thward
(32,077 posts)No competent or reputable lawyer is going to be handling them.