SPRINGFIELD - Donald Trump has threatened to initiate such a lawsuit, but he may have been beat to the punch - right here in Illinois. An objection to U.S. Senator Ted Cruz's qualifications to run for president on the Illinois Republican ballot could send shockwaves nationwide if it is sustained by the Illinois State Board of Elections next week.
Lawrence J. Joyce, an attorney and practicing pharmacist from Poplar Grove, says Cruz is not a natural born citizen as the Constitution requires, but is instead "naturalized" citizen born in the Canadian province of Alberta in 1970. That disqualifies him from running for president.
Joyce said in a statement published Friday in WorldNetDaily:
“Sen. Ted Cruz was born in Canada. He has been a U.S. citizen since birth, but that was by statute. The Constitution requires one to be a ‘natural born’ citizen in order to be president. And the governing case law of the U.S. Supreme Court and the whole history of the law points to the conclusion that Ted Cruz is not a natural born citizen.
What is worse, is that Sen. Cruz has known about this problem for a long time now. Yet he has not even made any effort to clarify this in any formal setting, though he could have at least done that.
Sen. Cruz has been whistling past the graveyard all along. That he should happen to do so within the thoughts of his own mind would be one thing, but that he should now drag the entire Republican Party through a potential nightmare simply because of his negligence, his own private, wishful thinking and his lack of due diligence is inexcusable.
Joyce’s motion was filed on Friday with James Tenuto, assistant executive director of the Illinois State Board of Elections.
Joyce says he believes Dr. Ben Carson would be a better Republican nominee and president. He also is concerned that a lawsuit filed by the Democrats against Cruz could result in a Republican establishment takeover of the nomination process.
Cruz' attorney from Illinois - Sharee Langenstein - will have until January 25th to respond to Joyce's complaint.
At that time, the State Board of Elections will need to decide whether to allow Cruz on Illinois March 15th Republican primary ballot.
Several other presidential candidates - from both Democrat and Republican parties - have outstanding objections that must be decided by the Board next week.