(NEWSER) – The question of whether Ted Cruz is too Canadian to be president will be in front of a court in Illinois on Friday, which CNN notes will raise the unwelcome issue for him the day before the South Carolina primary.

The case, which will be heard by the Circuit Court of Cook County in Chicago, was brought by Illinois voter Lawrence Joyce. He says the senator, who was born in Alberta to an American mother and Cuban father, is clearly not a natural-born citizen of the United States and is therefore ineligible to be president. An earlier complaint from Joyce—a Republican who supports Ben Carson—was dismissed by the state's Board of Elections earlier this month.

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