Litigants seeking to kick Texas Republican Sen. Ted Cruz off the Republican New York Primary Presidential ballot, arguing that he is not a “natural born” citizen and thus cannot be President, have filed an expedited appeal in the case.
A joint complaint by William Gallo of Nassau County and Barry Korman of New York City identical complaints object to Cruz by noting what they see as a distinction between the senator’s being a citizen, thus able to hold a seat in Congress, but not a Natural-Born citizen capable of serving in the White House.
According to an attorney for the petitioners, Roger Bernstein, arguments are expected to be heard Wednesday Mar. 23 at 1 p.m. in the appellate division of the Third Judicial Department.
Bernstein also noted that a Harvard Law Professor, Einer Elhauge, has now submitted a brief backing up the argument that Cruz, who was born in Canada but whose mother was an American citizen, does not qualify to be President.
The court will decide next Monday whether the friend of the court brief can be taken into account, Bernstein said.
UPDATE
A New York Appeals court on March 24, upheld a lower court's dismissal of a suit seeking to remove Republican Presidential candidate Ted Cruz from the state's Primary ballot because of his Canadian birth.
The New York Appellate Division agreed with the lower court ruling that the suit should be thrown out because it missed the deadline for filing an objection to Cruz's appearance on the April 19 ballot. Lawyers for Cruz successfully argued that the objectors had filed their petition nearly three weeks late.
Roger Bernstein, a lawyer for the petitioners, said his clients intend to appeal the decision.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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