Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it. This comment argues that the most promising avenue is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen." [Read Comment]
Below is an archive containing major election law reports issued by various agencies, institutes, watchdog groups and other groups since the 2004 presidential election. Check this page for further updates.