A Pennsylvania judge’s decision to dismiss a challenge to Texas Sen. Ted Cruz’ eligibility to run for president could go to the state Supreme Court.
The challenger, Pittsburgh resident Carmon Elliott, said Friday that he’ll appeal the decision.
Elliott argues that the Republican presidential candidate isn’t eligible to run for president because he was born in Canada and shouldn’t appear on Pennsylvania’s April 26 primary ballot.
The U.S. Constitution says a candidate must be a “natural born citizen” to run for president.
Commonwealth Court Judge Dan Pellegrini ruled Thursday that common law precedent and statutory history maintain that a natural born citizen includes any person born to an American citizen, regardless of where.
Elliott acknowledged that Cruz’ mother was born in the United States and has been a U.S. citizen her whole life.