Election Law @ Moritz

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Is Ted Cruz Eligible to Be President? Letís Find Out


Daniel P. TokajiFebruary 17 (Daniel P. Tokaji)

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]

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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

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Politics and Tax-Exempt Organizations

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As we described in Section 3.5 of the e-Book, which covers Tax-Exempt Organizations, 501(c)(3) organizations may not intervene in an election for or against and candidate. The IRS has recently started "inquiries" to determine if certain 501(c)(3)s violated their (c)(3) status by engaging in political intervention. You can find links here to information on various actions taken by the IRS.