Judge rejects challenge to Ted Cruz' NY ballot status

ALBANY - A state judge dismissed a challenge Monday to Republican presidential hopeful Ted Cruz' status as a natural-born citizen, ruling it was filed too late to have merit.

Acting Supreme Court Justice David Weinstein decision to toss a lawsuit challenging Cruz clears the way for the Texas senator to remain on the New York ballot for its April 19 presidential primary, barring a successful appeal.

A pair of state residents, Barry Korman of New York City and William Gallo of Nassau County, sued Cruz and the state Board of Elections. They argued Cruz isn't a natural-born citizen of the U.S. -- he was born in Canada -- and should be kicked off the New York ballot.

But the state Board of Elections argued the challenge was filed well after the deadline to raise objections. Ultimately, Weinstein agreed, declining to weigh in on the constitutional issue of whether Cruz is a natural-born citizen.

"In sum, despite the many arguments proffered by petitioners, none can get them around the immovable object standing in the way of this petition: their failure to have filed objections within the statutory deadline," Weinstein wrote.

New York law requires preliminary objections to be filed against a candidate's ballot status three days after they file petitions.

Cruz will be one of six Republicans on the New York primary ballot in April, along with front-runner Donald Trump, Sen. Marco Rubio and Ohio Gov. John Kasich.

Two others will appear on the ballot despite already having dropped out: former Florida Gov. Jeb Bush and neurosurgeon Ben Carson.

Here's Weinstein's decision: