A state judge Monday dismissed a suit challenging Ted Cruz’s presence on New York state’s Republican presidential primary ballot because the Texas senator was born on Canadian soil.

Acting Albany Supreme Court Justice David Weinstein ruled in Korman v. New York State Board of Elections, 01-16-120014, that objections made to Cruz’s designation on the April 19 ballot were not sent to the state Board of Elections by Federal Express until Feb. 16 and filed with the board until the following day.

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