Pittsburgh resident contests Mr. Cruz’s legitimacy based on the Texas senator’s Canadian birth.
HARRISBURG — A judge has denied a Pittsburgh man’s request to remove Texas Sen. Ted Cruz from the Pennsylvania primary ballot because Mr. Cruz was born in Canada.
Pittsburgh resident Carmon Elliott had claimed in Commonwealth Court this morning that Mr. Cruz’s birthplace means he does not meet the U.S. Constitution’s requirement that the president be a “natural born” citizen.
But Judge Dan Pellegrini ruled this afternoon that a “natural born” citizen includes anyone who is a U.S. citizen from birth. Judge Pellegrini directed the Pennsylvania secretary of the commonwealth to certify the name of Mr. Cruz for inclusion on the Republican ballot for the April 26 primary election.
Both sides agreed that the Texas senator was born in Calgary, Canada, to an American-born, U.S. citizen mother.
The attorney for Mr. Cruz, Robert Feltoon, wrote in court filings that the case should be dismissed because it is “a non-justiciable political question.” But even if the case were considered, he wrote, Mr. Cruz is in fact a “natural born” citizen because he was a citizen at birth.
Mr. Elliott, a retiree who says he worked in the mental health field, said in an interview that he registered as a Republican a few months ago with the petition challenge in mind, though he identifies as a progressive.
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