This Is Illinois
Tuesday, Mar 1, 2016 - Posted by Rich Miller
* A Cook County judge tossed a lawsuit that claimed Ted Cruz isn’t eligible to run for President and so he shouldn’t be on the ballot…
Lawrence J. Joyce, of far northwest suburban Poplar Grove, petitioned the Illinois State Board of Elections in January to have Cruz’s name removed from the March 15 primary ballot, arguing Cruz is not eligible to run for president because he is not a “natural-born citizen,” as required by the U.S. Constitution. Cruz was born in Canada to an American mother and a Cuban father.
Cruz’s lawyer, Sharee Langenstein, countered that the senator indeed is a “natural-born citizen” because American citizenship was conferred upon him at birth by his mother. Langenstein said it is customary for children born to Americans outside the country to receive American citizenship, citing the examples of Arizona Sen. John McCain and late Michigan Gov. George Romney. McCain was born to American parents in Panama and Romney was born to American parents in Mexico.
* But this being Illinois, with our complicated election law procedures, the judge’s ruling had nothing to do with the merits…
Specifically, [Circuit Court Judge Maureen Ward Kirby] said Joyce did not properly serve Cruz or the members of the election board with copies of his petition before the court. Ward Kirby said failing to satisfy any of the Illinois Election Code requirements meant she had no legal standing to review his complaint.
Heh.
- walker - Tuesday, Mar 1, 16 @ 3:50 pm:
Go away little boy.
- Blue dog dem - Tuesday, Mar 1, 16 @ 3:56 pm:
Is this the same Sharee Langenstein running for state senate?
- Team Sleep - Tuesday, Mar 1, 16 @ 3:56 pm:
BDD - yes.
- Anonymous - Tuesday, Mar 1, 16 @ 4:04 pm:
The election code gives extremely short deadlines and arcane requirements on filing for review in court. This helps established parties / politicians against efforts by outsiders from getting a fair hearing.
- Juvenal - Tuesday, Mar 1, 16 @ 4:07 pm:
rich -
With all due respect, I think the requirement to provide notice to someone that is the target of a lawsuit is pretty standard law in all 50 states.
- Mr. Boone - Tuesday, Mar 1, 16 @ 4:11 pm:
The Collar Counties would like to extend their formal invitation to Poplar Grove, Boone County to join the Chicago suburbs.
What a bizarre lawsuit, think what you will about Sen. Cruz but he is a natural born citizen.
- Abe the Babe - Tuesday, Mar 1, 16 @ 4:13 pm:
Can we stop calling it the election code and start calling it its proper name? the Mike Kasper Retirement Fund…
- Me Too - Tuesday, Mar 1, 16 @ 4:13 pm:
I really don’t understand how a Cuban, born in Canada meets the definition of a natural born citizen, but the current President didn’t. Ted Cruz was not born on American soil. Wasn’t the birthers’ argument that the current Prez was born in Kenya? What is the difference besides… Oh. Never mind.
- Me Too - Tuesday, Mar 1, 16 @ 4:17 pm:
Not Cuban, but a Cuban American born in Canada with dual citizenship at birth.
And now that I think about it, they had some weird logic about BHO’s mother not having lived in America for a certain amount of time after some birthday or something, but still, rules don’t apply to the Republicans. It’s like the SCOTUS thing. Dems have to follow all of these rules no one knows about until their brought up as if they were writ large in the Constitution somewhere.
/rant Sorry Rich
- Anon - Tuesday, Mar 1, 16 @ 4:19 pm:
===Specifically, [Circuit Court Judge Maureen Ward Kirby] said Joyce did not properly serve Cruz or the members of the election board with copies of his petition before the court. Ward Kirby said failing to satisfy any of the Illinois Election Code requirements meant she had no legal standing to review his complaint.===
A win is a win — and this ruling is less likely to be challenged than anything else.
George Romney’s birth wasn’t a settled matter and may have contributed to his decision not to run for President.
- Huh? - Tuesday, Mar 1, 16 @ 4:28 pm:
Those technicalities will kill a lawsuit faster than anything.
- titan - Tuesday, Mar 1, 16 @ 4:32 pm:
Me Too
It wasn’t weird logic, it was US law.
See https://www.uscis.gov/us-citizenship/citizenship-through-parents
Currently one born abroad to one US parent gains US citizenship through the parent if: The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.
At the time President Obama was born, the time periods were different and if he had been born outside of the US, his mother wouldn’t have qualified to pass citizenship to him. Cruz’s mother did so qualify under the time periods in effect when Cruz was born.
- cdog - Tuesday, Mar 1, 16 @ 4:36 pm:
Cruz renounced his Canadian citizenship in May 2014. Heck of an American patriot, right?
The “natural-born citizen” has never been defined by SCOTUS. Would have been interesting to get this thing going.
But, and instead, rather than instructing the newby on how to be a better citizen using Election code, it gets dismissed. The courts are only for people with a lot of extra money who can afford to pay for their day in court. /s
- Anonymous - Tuesday, Mar 1, 16 @ 4:45 pm:
Sure hope Cruz returns the favor and rallies for sharee in carbondale
- Mama - Tuesday, Mar 1, 16 @ 5:11 pm:
President Obama was born in the USA “Hawaii” and his mother is a US citizen. That makes President Obama a natural born US citizen.
- Rabid - Tuesday, Mar 1, 16 @ 5:21 pm:
Has he renounced his Cuban citizenship?
- QandA - Tuesday, Mar 1, 16 @ 5:43 pm:
Personally, I think Cruz is eligible. But the irony is, if you’re a Scalia-inspired “originalist” on constitutional law, (as Ted Cruz claims to be) then Ted Cruz doesn’t meet the natural born standard.
The Framers wanted presidents to be born in the colonies/states.
- titan - Tuesday, Mar 1, 16 @ 7:34 pm:
QantA - not necessarily (although quite possibly). The very hard core faction would require birth here. Some others would have been OK with children of American fathers born abroad (if the fathers had sufficient ties to the US). I think even originalists should be allowed to evolve over 200 years to allow for the same treatment as to children of American women.