In the Times Union, Casey Seiler reports “the state Board of Elections has received three objections contesting the “natural-born” citizenship of presidential candidates and U.S. Sens. Ted Cruz and/or Marco Rubio submitted in hopes of knocking them off the April 19 Republican primary ballot.
Cruz was born in Canada, though his mother was a U.S. citizen (his father was at the time a Cuban citizen); Cruz finally shed his Canadian dual citizenship in 2014. Rubio was born in Miami, though neither of his parents were at the time naturalized U.S. citizens.”
The New York State Board of Elections was served with the first lawsuit challenging the qualifications of Ted Cruz to appear on the presidential primary ballot.
The State Board may seek to dismiss the challenge because of the failure to name and serve the candidate as a necessary party as required by New York case law.
The justice who signed the order to show cause changed the venue from New York County to Albany County.
The order to show cause is returnable on February 26.
The state election commissioners will address the issue when it rules on ballot challenges for the presidential primary on February 23. The New York presidential primary is scheduled for April 19, 2016.
The Order To Show Cause can be read here:Korman v NYSBOE