A New York judge plans to rule in the next few days whether to dismiss a lawsuit challenging Republican Senator Ted Cruz's presence on New York's primary ballot on April 19.
State Supreme Court Justice David Weinstein is considering the claim that Cruz isn't "a natural born citizen" of the U.S. as constitutionally required for eligibility to be president.
Weinstein says he'll first consider arguments by Cruz's attorney that the challenge at the state Board of Elections was filed 19 days too late.
Cruz was born in Alberta, Canada. His mother was a U.S. citizen living there. His father is a native of Cuba.
Plaintiffs Barry Korman and William Gallo argue that Cruz is a natural born Canadian.
The 45-year-old Cruz was elected to the Senate from Texas in 2012.
