A mid-level court Thursday rejected an attempt to disqualify Sen. Ted Cruz from New York’s Republican presidential primary because he was born in Canada.
In a 5-0 ruling, the Appellate Division unanimously dismissed the lawsuit because it was filed too late to be considered, upholding a lower court decision. The appellate court never addressed Cruz’ (R-Tex.) citizenship status.
The lawsuit was filed last month by two New York voters -- William Gallo, of Manhasset, and Barry Korman, of Manhattan. They claimed Cruz should be ineligible for the presidency – a claimed echoed by GOP front-runner Donald Trump – because he was born in Canada. Cruz said he is a natural born citizen because his mother is American.
The court noted that Cruz filed petitions on Jan. 20 to qualify for the New York primary (slated for April 19) and any challenge to his eligibility had to be filed within three days.
“It is undisputed that (Gallo and Korman) did not file their general objections and specifications until February 17, 2016, thus failing to comply with the prescribed time frame set forth in Election Law,” Judge Karen Peters wrote for the court.