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jpak

(41,758 posts) Tue Mar 1, 2016, 05:46 PM Mar 2016

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/

7 replies

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Judge tosses Ted Cruz citizenship challenge in Illinois (Original Post) jpak Mar 2016 OP

"Because he failed to properly serve Cruz and members of the Illinois State Board of Elections." forest444 Mar 2016 #1

didn't decide it on the merits at all. The regular fate of many public interest lawsuit Land Shark Mar 2016 #2

It's one of many Jeb Bartlet Mar 2016 #6

I understand that you might not be able to serve a candidate in person but shouldn't... iandhr Mar 2016 #3

These are loser cases. former9thward Mar 2016 #4

Good point. iandhr Mar 2016 #5

I seem to remember another medical-legal dual degree holder who's a PITA jmowreader Mar 2016 #7

forest444

(5,902 posts)

1. "Because he failed to properly serve Cruz and members of the Illinois State Board of Elections."

Reply to jpak (Original post)

Tue Mar 1, 2016, 05:52 PM

Mar 2016

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)

2. didn't decide it on the merits at all. The regular fate of many public interest lawsuit

Reply to forest444 (Reply #1)

Tue Mar 1, 2016, 06:02 PM

Mar 2016

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)

6. It's one of many

Reply to forest444 (Reply #1)

Tue Mar 1, 2016, 07:48 PM

Mar 2016

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)

3. I understand that you might not be able to serve a candidate in person but shouldn't...

Reply to jpak (Original post)

Tue Mar 1, 2016, 06:50 PM

Mar 2016

... 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?