Birther effort to remove Ted Cruz from Arkansas primary ballot derailed | Arkansas Blog

Wednesday, February 24, 2016

Birther effort to remove Ted Cruz from Arkansas primary ballot derailed

Posted By on Wed, Feb 24, 2016 at 1:30 PM

LIBRACE: Cruzing for a declaratory judgment.
  • LIBRACE: Cruzing for a declaratory judgment.
David Librace of Helena, who according to his Facebook page is running for president (one of at least nine random Arkansans running for president of the United States) filed a lawsuit in U.S. District Court for the Eastern District of Arkansas earlier this month asking for a declaratory judgment on whether Ted Cruz and Marco Rubio are eligible to appear on the ballot for president on March 1, when the state holds its primary. The lawsuit questions whether Cruz and Rubio are "natural born citizens" under the Constitution. Cruz was born in Canada; Rubio, born in Miami, has Cuban parents. 

"The U.S. Constitution is not a popularity document for fair weather only," the lawsuit states. 

Fox 16 reports that Librace's effort hit a snag today: 

Republican presidential candidate Ted Cruz was granted an extension to respond to a lawsuit that seeks to remove him from the Arkansas Primary General Election ballot, court records state.

Judge Brian S. Miller granted the extension and gave the Texas senator until March 2 to file a responsive pleading to the lawsuit, according to court records. 

Since March 2 is the day after the primary, looks to me like Librace's crusade is coming up empty. 

Rep. Bob Ballinger, co-chair of Cruz' Arkansas campaign, told Fox 16 the lawsuit was frivolous. Rep. Bart Hester, Rubio's campaign chair in Arkansas, said, "I expect this case to be dismissed quite rapidly as far as Sen. Rubio is concerned. There is no disputing he was born in the United States and is a U.S. citizen." 

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