New York State Appeals Court Agrees with Trial Court that Challenge to Ted Cruz Qualifications was Filed Too Late

On March 24, the New York State Supreme Court, Appellate Division, agreed with the lower court that the challenge to Ted Cruz’ spot on the New York Republican presidential primary ballot was filed too late. Korman v New York State Board of Elections, third division. The challenge was based on qualifications listed in the U.S. Constitution for president.

The question of when challenges were due is not simple to understand. In New York, the challenge procedure is generally in connection with a petition, but in New York, Republican presidential primary candidates don’t need a petition (although Democratic presidential candidates do). The Courts so far in this case have construed the New York law on deadlines for challenges to be based on the date when the presidential candidate filed a declaration of candidacy. Thanks to Bill Van Allen for this news.


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