PITTSBURGH (KDKA) -- We've all heard the claim from Donald Trump that Sen. Ted Cruz, who was born in Canada, is not a "natural born citizen."
If Trump's right, Sen. Cruz isn't eligible to be president. Now, KDKA has learned that the first test of that could happen here in Pennsylvania.
Last week, Sen. Cruz filed nominating petitions to run for president in Pennsylvania's April 26 Republican primary. Now a Republican attorney from suburban Philadelphia has challenged Sen. Cruz's right to run because he is not a natural born citizen.
"It is my contention supported by a number of constitutional scholars that it means one must be born in the United States, that the framers of the Constitution were very concerned about the influence of foreign powers over the nascent republic," said attorney David Farrell.
In a petition filed with the state's Commonwealth Court, Farrell, of Lansdowne, Pennsylvania, says Sen. Cruz's Canadian birth certificate proves he was born in Canada, and the fact that his mother is an American citizen does not make him natural born.
"We're going to get right to that constitutional provision to see if he is or is not eligible to be president," Farrell said.
The Commonwealth Court hearing on whether to disqualify Sen. Cruz's nominating petitions is now set for March 10.
Sources tell KDKA's Jon Delano that Senior Judge Dan Pellegrini of Pittsburgh will be the judge. Whatever the outcome, an appeal to the state Supreme Court seems likely in the case.
Farrell says he's not doing this for Donald Trump.
Delano: "Do you have a political connection to one of the other candidates in this race?"
Farrell: "Absolutely not. No political connection whatsoever."
Farrell went on to say, "I'm a Republican who wants his vote to count."
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