Birther ballot challenge against Ted Cruz in Illinois tossed by judge

CHICAGO – A judge has dismissed a claim that Republican presidential candidate Ted Cruz isn’t eligible for the Illinois ballot because he was born in Canada.

Cook County Circuit Court Judge Maureen Ward Kirby tossed the case on a technicality Tuesday.

Kirby says the suburban Chicago attorney who filed the complaint, Lawrence Joyce, failed to give a copy of it to Cruz or state electoral board members, as required by Illinois law. Instead, Joyce served only lawyers representing Cruz and the board.

Joyce says the Texas senator can’t be president because he wasn’t born in the U.S. Cruz and some legal experts say he’s eligible because his mother was a U.S. citizen when he was born.

Joyce backs Ben Carson but says he acted on his own.

Illinois’ primary is March 15.