A New York judge has scheduled arguments Tuesday on a lawsuit challenging Republican Sen. Ted Cruz’s presence on New York’s primary ballot on April 19.

State Supreme Court Justice David Weinstein is considering the claim by two men who say Cruz isn’t “a natural born citizen” of the United States as constitutionally required for eligibility.

Cruz was born in Alberta, Canada, though his mother was a U.S. citizen living there. His father was a native of Cuba.

Barry Korman and William Gallo argue that in American common law citizenship status cannot simply pass from parent to child. The New York Board of Elections, which put Cruz on the ballot, is defending against the lawsuit.

The 45-year-old Cruz, a lawyer, was elected to the Senate from Texas in 2012.

(AP)