Excess of Democracy

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Recent developments in 2016 presidential eligibility challenges, Part II

For aggregation of coverage, see here.

Last week, the New York State Board of Elections concluded that it lacked jurisdiction to review any challenges to Ted Cruz's qualifications. This should come as little surprise. New York has long viewed its role in ballot access disputes regarding federal qualifications as purely ministerial. After all, Roger Calero, a non-citizen (indeed, a Nicaraguan citizen), has appeared on the presidential ballot multiple times in New York. (The archived webcast is available here.)

Additionally, a new challenge was filed in Pennsylvania state court last week.

Today, a federal judge dismissed a complaint filed in the Eastern District of Arkansas against Mr. Cruz and Marco Rubio. The court found that the voter who filed the suit lacked standing and that voters generally lack standing in such disputes.

Finally, this week has a couple of matters pending.

Tuesday, March 1: a Cook County, Illinois judge will continue an earlier hearing regarding the status of a lawsuit that appealed the decision of the state board of elections to permit Mr. Cruz's name on the ballot. The state court judge had appeared inclined to throw out the lawsuit on procedural grounds.

Thursday, March 3: an Albany, New York judge will hear a challenge regarding eligibility. (UPDATE: The hearing was moved from Tuesday to Thursday.)

Friday, March 4: a Broward County, Florida judge will hold a hearing regarding Messrs. Cruz's and Rubio's motions to dismiss.

Earlier coverage:

Part I