Category Archives: Eligibility

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

From The Legal Intelligencer March 21, 2016.

“The Pennsylvania Supreme Court has set a quick timetable in the appeal of a ruling allowing Sen. Ted Cruz, R-Texas, to remain on the state’s presidential primary ballot.

The court said Monday that challenger Carmon Elliott had until 4 p.m. Tuesday to submit his brief in Elliott v. Cruz. Presidential hopeful Cruz then has until 4 p.m. Wednesday to file his response. There was no indication of whether or when oral arguments would be scheduled in the case. Pennsylvania’s primary is scheduled for April 26. The court did say in its order that the parties could submit the same briefs they submitted to the Commonwealth Court.

Elliott, who represented himself before the lower court, is now being represented by Norristown attorney David J. Farrell, who had initially submitted his own challenge to Cruz’s ballott eligibility but withdrew it in advance of the Commonwealth Court hearing.

Commonwealth Court Senior Judge Dan Pellegrini rejected earlier this month Elliott’s claim that Cruz was not a “natural-born citizen” as defined by the U.S. Constitution because he was born in Canada to a mother who was a citizen of the United States.

Pellegrini spent half of his decision determining whether the judiciary had jurisdiction over questions of eligibility to run for president. Cruz argued it was a question only for the Electoral College or Congress to determine, and that the court should be barred from hearing it under the political-question doctrine. But Pellegrini rejected that contention, finding there was no support for it under various sections of the U.S. Constitution, nor under the 12th Amendment. In doing so, he became what appears to be the first judge in the country hearing Cruz ballot challenges to address the merits of the issue.

The dispute as to whether Cruz was a ­citizen eligible for the presidency came down to the interpretation of Article II, Section 1, Clause 4 of the U.S. Constitution, which states that “‘no person except a natural born citizen, or a citizen of the United States … shall be eligible to the office of president.'”

Pellegrini said the term “natural-born ­citizen” was not defined and the U.S. Supreme Court has never addressed its meaning within the context of the eligibility of a candidate.

Elliott is a registered Republican voter in Pennsylvania. He argued “natural-born citizen” required a candidate to be born within the geographical boundaries of the United States to be eligible. Cruz, on the other hand, argued he was a natural-born citizen regardless of where he was born because his mother was a U.S. citizen when he was born and Cruz was therefore a U.S. citizen from the time of his birth, Pellegrini said.”

Read more:

http://www.thelegalintelligencer.com/id=1202752679252/Appeal-of-Cruzs-Ballot-Eligibility-FastTracked#ixzz4478Divhp

From the Indiana Law Review:

“D. Whether a State May Refuse To Put a Presidential Candidate on the Ballot Because It Concludes the Candidate Is Not Qualified ”

” If a state chooses to evaluate the qualifications of presidential candidates, there is no inherent power of Congress standing in its way,”

“Just as there was historical precedent for states including unqualified candidates on the presidential ballot, so, too, is there precedent for states excluding unqualified candidates from the ballot. In fact, there has been a trend of state regulation increasingly scrutinizing the qualifications of presidential candidates, even apart from pending legislation in the “birther” context.”

“They arguably have the power to add qualifications to candidates seeking the office of President.359 The less intrusive step of examining existing constitutional qualifications is likely within the purview of state control.”

“The 20th Amendment does not prevent a state from excluding a presidential or a vice presidential candidate who is not qualified to hold the office.”

“A state inquiry into qualifications could take one of several forms.377 It might be simply ministerial, requiring candidates to verify that they are qualified. It could include a certification, such as a signature under penalty of perjury affirming that one meets the qualifications. It may require a low level of verification, such as an attachment of copies of documentary support for proof of residence and citizenship. Or it may require a high level of verification, such as original source documents (like a “long-form birth certificate”). The inquiry might be required as a disclosure when a candidate seeks to file for office, or as one that an election official is authorized to make under certain circumstances. Such state regulations would be permissible as long as they simultaneously existed within other constitutional boundaries.”

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11145&context=ilj

Hat tip to CDR Charles Kerchner.

 

Ted Cruz Vermont eligibility lawsuit update, February 19, 2016, Plaintiff H. Brooke Paige, Cruz not natural born citizen, Cruz born in Canada in 1970, Canadian Citizenship Act of 1976 Cruz born a Canadian Citizen AND a British Subject

Ted Cruz Vermont eligibility lawsuit update, February 19, 2016, Plaintiff H. Brooke Paige, Cruz not natural born citizen, Cruz born in Canada in 1970, Canadian Citizenship Act of 1976 Cruz born a Canadian Citizen AND a British Subject

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

Just in from Mr. H. Brooke Paige, plaintiff in the Vermont Ted Cruz and Marco Rubio eligibility challenge:

“UPDATE – Paige v. State of Vermont, et al (Secretary of State, Jim Condos,
Rafael Edward (Ted) Cruz and Marco Antonio Rubio)

Citizen Wells,

February 18, 2016 – All parties, the Vermont State Defendants, Cruz and
Rubio,  have responded each   with their own Motions to Dismiss, the first
effort of a disingenuous and desperate lawyer who wants to shield his
client from having to face the music.

It is exciting to have defendants who, because of their divergent
political leanings refuse to cooperate in developing a unified strategy to
extinguish the humble, tenacious plaintiff. Unfortunately, the attorneys
for Rubio and Cruz seem amazingly unfamiliar with the “natural born
citizen(ship)” subject matter – regurgitating the tripe and drivel
regularly posted on “obot” websites; while Daloz, the state’s Asst. A/G,
appears to be doing a “cut and paste” job from his 2012 effort. Truly sad
to see such vacuous “work product” for these high priced “Blackstone
Lawyers.” (Thomas Jefferson complained that “many a law student finds
Blackstone’s writings – a smattering of everything, and his indolence
easily persuades him that if he understands Blackstone , he is a master of
the whole body of law.”)

I have filed separate Opposition Briefs for each of the defendants’
Motions to Dismiss as each develops a differing approach to defend their
favorites particular “flavor” of natural born citizenship.

•       Vermont Assistant Attorney General Todd Daloz offering “born in country
with at least one citizen parent” to defend the democratic darling, Mr.
Obama.

•       “K’ Street Mouthpiece (D.C.) Brady Toensing, representing Rubio, arguing
that “native birth” (14th Amendment citizenship) alone is sufficient to
qualify his “son of Cuban parents” to serve as President.

•       Lastly, Gregory D. Cote, Esq., the Beantown Lawyer (“Redacted”) makes a
valiant attempt to convince anyone who will give him “the time of day”
that his Canadian Citizen client, Cruz,   is somehow more than merely a
“citizen of the United States” a condition granted to him by Congress, not
by his birth circumstances alone the condition necessary to be a Natural
born citizen (i.e. born in country to two citizen parents – Vattel, 1758).

Further it has come to light that since Cruz was born in Canada in 1970,
prior to the Canadian “Citizenship Act of 1976,” he was born a “Canadian
Citizen AND a “British Subject”  having “the right of abode” whereby he
could moved to the “British Isles” and gotten a job and taken up permanent
residence without needing to take any further action .
http://www.cic.gc.ca/english/resources/tools/cit/overview/hist.asp

The Vermont Primary Election is held on Town Meeting Day, March  1st, and,
since the defendants have argued that the issues are not “ripe” until the
passing of the election,  our next move will be to ask the court to
prevent the Secretary of State from releasing the results of that election
until the court determines the qualification of candidates Cruz and Rubio
AND  whether their names appearing on the ballot has cause damage to the
other candidates, sufficient to alter the results of the election.”

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

From New York Magazine February 18, 2016.

“Lawsuit Over Ted Cruz’s Eligibility to Run for President Heads to Court”

“During Wednesday night’s CNN town hall, Ted Cruz dismissed the latest legal threat from Donald Trump, assuring a voter that he’s definitely eligible to run for president. “Under the law the question is clear,” he said. “There will still be some who try to work political mischief on it, but as a legal matter this is clear and straightforward.” Unlike Cruz’s right to air old footage of Trump on Meet the Press in a campaign ad, the issue raised by Cruz’s birth in Canada to an American mother actually isn’t settled — but now it looks like we may finally get an answer. CNN reports that an Illinois judge has agreed to hear arguments in a lawsuit challenging Cruz’s eligibility on Friday.

The lawsuit in question actually has nothing to do with Trump (though, it’s unlikely we’d be debating the obscure legal arguments over whether Cruz is a “natural born citizen” if it weren’t for the ex–reality star). Suburban lawyer Lawrence Joyce initially filed an objection to Cruz’s placement on the primary ballot with the Illinois Board of Elections, but it was dismissed earlier this month. Now the Circuit Court of Cook County in Chicago has agreed to hear the case.

Legal challenges over Cruz’s eligibility have been filed in at least three states. Joyce seems primarily concerned about the political fallout from the questions surrounding Cruz’s candidacy, rather than the possibility of a secret Canadian infiltrating the U.S. government. He told Chicago’s WLS that he’s concerned about what would happen if the challenge came from a Democrat in the fall after Cruz secured the GOP nomination. “At that point, all of his fundraising would dry up. And his support in the polls would drop dramatically. He may be forced at that point to resign the nomination,” he said.”

Read more:

http://nymag.com/daily/intelligencer/2016/02/ted-cruz-eligibility-case-heads-to-court.html

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

Two state ballot entities recently ruled on Ted Cruz remaining on their ballots.

The Illinois state board of elections ruled that Ted Cruz is eligible as a natural born citizen.  IL is consistently listed as one of the most corrupt states in the US and the home of Obama, another non natural born citizen.

No surprise.

The New Hampshire ballot commission took a more honest approach.

“If there is a clear ruling on some issues that somebody clearly doesn’t meet, we would apply it. If there is a constitutional uncertainty about the meaning of something – which from my research and from all the stuff that was thrown at us at the commission there certainly is about the natural born citizen thing — we don’t undertake to make that decision,”

I was disappointed to find what I consider to be the most inaccurate article I have uncovered at American Thinker, February 5, 2016.

“Illinois and New Hampshire Agree Cruz is a Natural Born Citizen”

“Trump persists that Cruz’s citizenship is still an open question. It is not, and the election boards of two states, New Hampshire and Illinois, have now ruled, in response to complaints, that Sen. Ted Cruz is indeed, under the laws and Constitution of the United States, a “natural born citizen” fully eligible to be President of the United States. As the Washington Examiner reported:”

“A ballot commission in New Hampshire also ruled in favor of Cruz in January, but the language in Monday’s decision by the Illinois board took a stronger tone than the previous ruling, warning other skeptics, “Further discussion on this issue is unnecessary.””

“Indeed, it is unnecessary. The question of Cruz’s citizenship has been asked and answered. Is Trump saying that a baby born in Paris to a vacationing American family is not eligible to run for president and must be “naturalized” like some illegal alien from Guadalajara?

Some noted legal scholars would beg to differ from Trump’s concern that Cruz is not in fact a “natural born” citizen.

Jonathan Adler, who teaches courses in constitutional, administrative, and environmental law at Case Western University School of Law, writes in the Washington Post:

Ted Cruz was born in Canada. His mother was a U.S. citizen. His father, a Cuban, was not. Under U.S. law, the fact that Cruz was born to a U.S. citizen mother makes him a citizen from birth. In other words, he is a “natural born citizen” (as opposed to a naturalized citizen) and is constitutionally eligible.”

“Also agreeing with Cruz’s eligibility are two constitutional scholars who have argued cases before the U.S. Supreme Court. As the Washington Post reported:

Writing in the Harvard Law Review, two former top Supreme Court litigators, Neal Katyal and Paul Clement, said: “All the sources routinely used to interpret the Constitution confirm that the phrase ‘natural born Citizen’ has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time.”

“Now two state boards of election have certified Cruz’s eligibility, which is beyond dispute, no matter how much Trump whines, pouts, and throws out groundless accusations.”

Read more:

http://www.americanthinker.com/articles/2016/02/illinois_and_new_hampshire_agree_cruz_is_a_natural_born_citizen.html

Aside from being wrong on the definition of natural born citizen, this article is blatantly inaccurate:

New Hampshire did not rule that Cruz is a natural born citizen.

It omitted the opinion of constitutional expert Laurence Tribe of Harvard:

“Cruz says this is all settled law, but Harvard’s Laurence Tribe disagrees.

“It clearly is not settled law,” Tribe said in recent an interview.”

“That’s because Tribe says Cruz is a constitutional “originalist,” who believes the document should be followed to the letter. Tribe says jurists who share such a view might well conclude that Cruz is not eligible to be president — because he was not born in America.

According to Tribe, this shows that Cruz is trying to have it both ways.”

http://www.wbur.org/2016/01/15/donald-trump-ted-cruz-laurence-tribe-citizenship

From The Dallas Morning News November 24, 2015.

“The New Hampshire ballot commission today rejected efforts to kick Canada-born Sen. Ted Cruz off the primary ballot based on his birth outside the United States.

That clears a key legal and political obstacle as the Texas Republican seeks the GOP nomination for president. But it’s not a clear win on the question of eligibility.

Rather, the panel found that with the law of eligibility so murky, it can’t second-guess the senator’s own claims that he passes constitutional muster. Neither the U.S. Supreme Court nor any other authority has explicitly ruled that someone like Cruz — born on foreign soil, with one American parent – can or cannot be president.

“It would be really nice if somebody would get this issue of law decided who has authority to decide constitutional issues, so every four years we don’t have this come up again,” said Manchester attorney Brad Cook, a Republican who chairs the 5-member New Hampshire Ballot Law Commission.”

Read more:

http://trailblazersblog.dallasnews.com/2015/11/regardless-of-canadian-birth-ted-cruz-survives-ballot-challenge-in-new-hampshire.html/

AMERICAN THINKER OWES THE PUBLIC AN APOLOGY.

Illinois Cruz ballot challenge dismissal not court ruling, Citizen not equal or equivalent to natural born citizen, Citizen only worked in 1789 when constitution adopted, Citizen Wells rectifies Rush Limbaugh statements, Graham update

Illinois Cruz ballot challenge dismissal not court ruling, Citizen not equal or equivalent to natural born citizen, Citizen only worked in 1789 when constitution adopted, Citizen Wells rectifies Rush Limbaugh statements, Graham update

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

***  Update February 4, 2016 at 1:45 PM  See Below  ***

I caught part of the Rush Limbaugh show yesterday and then went to the transcripts.

I thought that I heard Rush mumble something derogatory about the Cruz ballot challenge in Illinois and challenges to Cruz’s eligibility as a natural born citizen.

From Rush Limbaugh February 3, 2016.

Illinois Election Board Declares Cruz Eligible to Run

RUSH: It was, by the way, the Illinois Board of Elections that has declared Ted Cruz a natural born citizen.  “The state’s [Board of Elections] ruled that Cruz met the citizenship criteria to appear on the state’s primary ballot.  Two state residents, William Graham and Lawrence Joyce, challenged Cruz’s eligibility with the board, claiming his name should not appear on the March 15 primary ballot because his candidacy did not comply with Article II of the US Constitution.” The Board of Elections in Illinois told those two guys to pound sand. ”

Read more:

http://www.rushlimbaugh.com/daily/2016/02/03/quick_hits_page

Rush links to a Hotair article which quotes the Washington Examiner.

“Ruling: Ted Cruz is a ‘natural born citizen'”

“Texas Sen. Ted Cruz secured two major victories Monday, winning the Republican Iowa caucuses and also receiving a favorable decision from the Illinois Board of Elections, which confirmed his U.S. citizenship met the state’s primary ballot requirements.”

“Two Illinois objectors, Lawrence Joyce and Williams Graham, also agreed that Cruz’s citizenship did not meet guidelines in the Article II of the Constitution. But the board of elections disagreed and cleared Cruz’s name for the March 15 primary.

“The Candidate is a natural born citizen by virtue of being born in Canada to his mother who was a U.S. citizen at the time of his birth,” the board said, explaining Cruz met the criteria because he “did not have to take any steps or go through a naturalization process at some point after birth.””

“A ballot commission in New Hampshire also ruled in favor of Cruz in January, but the language in Monday’s decision by the Illinois board took a stronger tone than the previous ruling, warning other skeptics, “Further discussion on this issue is unnecessary.”

Joyce told the Huffington Post Tuesday that he does not plan to appeal the board’s decision.”

Read more:

http://www.washingtonexaminer.com/ruling-ted-cruz-is-a-natural-born-citizen/article/2582259

Did the folks in Illinois go to Harvard too?

There is only one time in the history of the US that one could be president as just a citizen. 1789, the adoption of the US Constitution.

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”

A US citizen is not equal to or equivalent to a natural born citizen.

The US Constitution eligibility clause has not been amended.

Provisions in US law to clarify citizenship do not alter the meaning of NBC.

Period!

From Bill Graham February 3, 2016 4:13 PM

“Graham v. Cruz, Graham v. Rubio. Was advised by an experienced IL election lawyer that an appeal by Monday would be logistically difficult and expensive. In the case of these objections, partly overruled because they were inconsistent with regulation, reversal of the Board’s decision would be very unlikely. Within Illinois politics, few individuals will make the career-ending risk to resist what we call the ‘Combine’.

This effort has been worthwhile as the qualification of natural born citizen has been raised on many major news sites and has increased voter awareness. Even Mr. Trump mentioned the IL challenge. It is unfortunate that so many discard the Constitution of our Founders, but the battle will continue and those who defend the Constitution will prevail. Please consider discussing this issue openly with family and friends. Voters can reject Presidential candidates who are not qualified and who lie about their status, such as Cruz and Rubio.

‘Natural born citizen’ was intended by the founders to mean born in the America of citizen parents; no law or regulation is required to endow or rescind such citizenship. Founders wanted to discourage foreign influence on our Commander in Chief, as had caused problems in Europe. Nothing, no Board ruling or court opinion or Harvard article, can change this qualification except for an amendment to the Constitution.”

***  Update  ***

From Mr. H. Brooke Paige, plaintiff in Cruz Rubio eligibility lawsuit in Vermont:

“Praise to Mr. Graham for his noble effort to “protect, uphold and defend the Constitution of the United States of America.” Regardless of cost or loss each citizen should, as Mr. Graham understands, make every effort to insure that all branches of government submit to the authority and directions provided by the founders and framers of our great nation in their Declaration of Independence and the Constitution they authored, debated and ratified,

Mr. Graham, take solace in knowing that you are correct in you stand and no court, no legislature and no civil board has the right to alter or adulterate our great Constitution – except through the process of Amendment delineated in that document.

God Bless you Bill Graham !

H. Brooke Paige
Washington, Vermont”

 

Joyce and Graham Illinois ballot challenges overruled, February 1, 2016, IL state board of elections, Appeals next?, What was their basis in law for stating Cruz is a natural born citizen?

Joyce and Graham Illinois ballot challenges overruled, February 1, 2016, IL state board of elections, Appeals next?, What was their basis in law for stating Cruz is a natural born citizen?

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

***  Update Feb 1, 2016 5:55 PM  ***

IL State board response (thanks to commenter 4zoltan)

http://www.elections.state.il.us/Downloads/AboutTheBoard/PDF/02_01_16SOEBAgenda.pdf

***

Bill Graham contacted Citizen Wells today with the results of his Illinois ballot challenge to Ted Cruz and Marco Rubio.

February 1, 2016 1:33 PM.

“IL Election Board voted unanimously that Cruz and Rubio are NBC and rejected objections of Joyce (Cruz) and Graham (Cruz, Rubio)
Let’s keep up the pressure whenever we see the opportunity.”

From the IL state board of elections website:

“GRAHAM V CRUZ TED CRUZ PRESIDENT 1/8/2016 2:40 PM OVERRULED
GRAHAM V RUBIO MARCO RUBIO PRESIDENT 1/8/2016 2:40 PM OVERRULED”

Attorney Lawrence J. Joyce also had his challenge denied.

“JOYCE V CRUZ TED CRUZ PRESIDENT 1/6/2016 4:06 PM OVERRULED”

https://www.elections.il.gov/ElectionInformation/LatestObjections.aspx?id=50&pageindex=0

Will these decisions be appealed?

From WND January 22, 2016.

“A Republican attorney in Illinois, a supporter of Ben Carson, on Friday filed a motion with the Illinois State Board of Elections to have Sen. Ted Cruz’s name removed from the official Republican primary ballot for the Illinois GOP presidential primary set for March 15.

The legal challenge confirms fellow candidate Donald Trump’s argument that the issue of eligibility to be president under Article 2, Section 1 of the Constitution will dog Cruz as the Texas senator pursues the GOP nomination for president, and possibly a subsequent White House bid.

The motion from Lawrence J. Joyce, who makes his living as a pharmacist licensed in his state, notes that Cruz was born on Dec. 22, 1970, in the city of Calgary, in the Canadian province of Alberta, and that Cruz has been a citizen of the United States continuously since birth under § 301(g) of the Immigration and Nationality Act, 8 U.S.C. § 1401.

But Joyce’s motion challenges that Cruz is not a “natural born citizen” under the meaning of Article 2, Section 1, and as a result not eligible to be president.

The ‘nightmare scenario’

“I have principally two reasons for doing this,” Joyce explained to WND in an email. “First, I think Dr. Carson would make both a better president of the United States and a better nominee of the Republican Party.

“Second, I am terrified that if we don’t get this cleared up right now, if Ted Cruz does become the nominee, the Democrats will cherry-pick which court or election board they will petition to have him declared to be ineligible in September or October,” Joyce continued.

“The result could be that the Democrats may chalk up a string of three or four or five victories [in their election board petitions] in a row, potentially forcing Cruz to resign the nomination (if for no other reason than that fund raising would quickly dry up),” Joyce explained.

“Then Mr. [Karl] Rove and company would hand-pick his replacement as the nominee,” he concluded.”

Read more:

http://www.wnd.com/2016/01/motion-demands-cruz-be-removed-from-illinois-ballot/

 

Illinois Cruz Rubio ballot challenge update, February 1, 2016, Bill Graham confronts IL Board of Elections, Sworn oath to support the Constitution, Indiana Law Review state may exclude presidential candidate if not qualified

Illinois Cruz Rubio ballot challenge update, February 1, 2016, Bill Graham confronts IL Board of Elections, Sworn oath to support the Constitution, Indiana Law Review state may exclude presidential candidate if not qualified

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

 

Bill Graham has challenged Ted Cruz and Marco Rubio on their eligibility to be on the Illinois ballot as natural born citizens.

Here are more updates from Mr. Graham:

January 30, 2016 10:51 pm.

“Monday 10:30 I present to the IL Board of Elections that Rubio and Cruz lied in their Statement of Candidacy that they are NBC and qualified to serve as POTUS. The is fraud against the State. Hearing officer recommended Board deny my objections; legal counsel to Board concurred. I will make a brief statement that members would abandon their sworn oath to support the Constitution if they do not honor the Founders intent and Supreme Court rulings defining that NBC means born here to citizen parents. I regret that I may not be able to prevail, but pray the effort will get enough attention of the voters to make a difference in how they vote. Would be nice to have some patriots join me and Mr Joyce, who also raised an objection. State of Illinois building on Randolph, floor 14, suite 1400-100. Security check at ground level can take up to 30 minutes. Let’s keep up the fight to defend the Constitution!”
January 31, 2016 4:19 pm.

“IL Board Hearing officer said there are no particular restrictions in addressing the Board on Monday. I crafted two statements each ~1400 words. Cruz statement is focused on founders intent and responsibilities of the oath of Board Members to support constitution; Rubio is on these plus Wong Kim Ark and 14th Amendment. I claim a Board determination of NBC for either candidate is unlawful.”

From the Indiana Law Review:

“D. Whether a State May Refuse To Put a Presidential Candidate on the Ballot Because It Concludes the Candidate Is Not Qualified ”

” If a state chooses to evaluate the qualifications of presidential candidates, there is no inherent power of Congress standing in its way,”

“Just as there was historical precedent for states including unqualified candidates on the presidential ballot, so, too, is there precedent for states excluding unqualified candidates from the ballot. In fact, there has been a trend of state regulation increasingly scrutinizing the qualifications of presidential candidates, even apart from pending legislation in the “birther” context.”

“They arguably have the power to add qualifications to candidates seeking the office of President.359 The less intrusive step of examining existing constitutional qualifications is likely within the purview of state control.”

“The 20th Amendment does not prevent a state from excluding a presidential or a vice presidential candidate who is not qualified to hold the office.”

“A state inquiry into qualifications could take one of several forms.377 It might be simply ministerial, requiring candidates to verify that they are qualified. It could include a certification, such as a signature under penalty of perjury affirming that one meets the qualifications. It may require a low level of verification, such as an attachment of copies of documentary support for proof of residence and citizenship. Or it may require a high level of verification, such as original source documents (like a “long-form birth certificate”). The inquiry might be required as a disclosure when a candidate seeks to file for office, or as one that an election official is authorized to make under certain circumstances. Such state regulations would be permissible as long as they simultaneously existed within other constitutional boundaries.”

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11145&context=ilj