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)
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”
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.”