Judge dismisses Ted Cruz ballot challenge in NY

Ted Cruz
In this Jan. 19, 2016, photo, Republican presidential candidate, Sen. Ted Cruz, R-Texas speaks during a campaign stop at the Freedom Country Store in Freedom, N.H. Answering a question this week about climate change during a campaign stop in New Hampshire, Cruz was worlds apart from the scientific consensus that sees a world that is warming because of human activity. (AP Photo/John Minchillo)

ALBANY, N.Y. (AP) — Republican Sen. Ted Cruz will stay on New York’s April 19 presidential primary ballot after a lawsuit challenging his eligibility to run was dismissed.

State Supreme Court Justice David Weinstein ruled Monday that the petition to knock Cruz off the state’s primary ballot was filed with the state’s Board of Elections after a legal deadline for ballot challenges had passed.

Plaintiffs Barry Korman and William Gallo had argued that Cruz isn’t “a natural born citizen” of the U.S. as constitutionally required for eligibility to be president.

RELATED: Ted Cruz birther case order and decision

Cruz was born in Alberta, Canada. His mother was a U.S. citizen living there. His father is a native of Cuba.

The 45-year-old Cruz was elected to the Senate from Texas in 2012.

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