Judge dismisses Ted Cruz ballot challenge in NY

Posted at 8:38 AM, Mar 26, 2016

A midlevel state court agrees that Sen. Ted Cruz can remain on New York's April 19 presidential primary ballot, saying the challenge over his U.S. citizenship was filed too late.

Judge David Weinstein ruled earlier this month that the petition to knock the Texas senator off New York's Republican primary ballot missed the statutory three-day deadline.

The Appellate Division has agreed, writing that Cruz filed Jan. 26 at the state Board of Elections, but the objection didn't arrive until Feb. 17.

Plaintiffs Barry Korman and William Gallo maintain Cruz isn't "a natural born citizen" of the U.S. as constitutionally required for eligibility to be president.

Cruz was born in Alberta, Canada. His mother was a U.S. citizen living there. His father is a native of Cuba.