Ted Cruz's citizenship case may go to Pa. Supreme Court

Written by The Associated Press | Mar 11, 2016 12:13 PM

Republican presidential candidate, Sen. Ted Cruz, R-Texas speaks during a campaign stop, Tuesday, Feb. 2, 2016, in Windham, N.H. (AP Photo/Matt Rourke)

(Harrisburg) -- 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, Carmon Elliott of Pittsburgh, says he'll appeal the decision.  

Elliott arguesthe 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 has ruled 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.  

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