Aamer Madhani

USA TODAY

CHICAGO — An Illinois judge on Tuesday dismissed a legal challenge brought by a voter who contends that Sen. Ted Cruz is ineligible to run for president because he was born in Canada.

Judge Maureen Ward Kirby of the Cook County Circuit Court dismissed the complaint brought by Lawrence Joyce, because he failed to properly serve Cruz and members of the Illinois State Board of Elections as required by law.

Joyce, a pharmacist and attorney from Poplar Grove, Ill., filed his suit last month after the elections board dismissed Joyce's complaint that Cruz, who was born in Calgary to a U.S. citizen, did not meet the "natural born" eligibility requirement to seek the nation's highest office. The board ruled that it did not have jurisdiction to rule on the eligibility of the candidate in a federal race.

But Kirby said she was required to dismiss the case, because state law stipulates the candidate be served with the complaint. Joyce, who says he supports GOP presidential candidate Ben Carson, failed to serve Cruz or any members of the board.

Voters in Alabama, Texas and New York also have filed legal challenges on whether Cruz meets the citizenship qualifications.

The Indiana Board of Election last month rejected challenges to whether Cruz and fellow GOP presidential hopeful Sen. Marco Rubio meet the "natural-born" requirement. Rubio, whose parents immigrated from Cuba, was born in Florida. A similar complaint brought against Cruz and Rubio was also dismissed on Monday by a federal judge in Arkansas.

Chicago court to hear 'natural-born' case to knock Ted Cruz off ballot

The issue of whether Cruz is a "natural-born" citizen has also been raised by rival GOP presidential contender Donald Trump, who has threatened to file a lawsuit on the issue. Cruz maintains he meets the criteria because his mother is American-born.

Joyce has the right to appeal the decision, but says he will wait to see Super Tuesday results before making his decision.Even with the loss, Joyce said he believes that the legal challenges brought by him and others has done some damage to Cruz's standing with Republican voters.

"Did these challenges nationwide damage him to a point where he didn't win a single county (in South Carolina)?," Joyce said. "He lost Dillon County, S.C. by 60 votes. Did these challenges cost Ted Cruz 60 votes in Dillon County. I wouldn't surprised if we weren't responsible for some of those votes."

Cruz has dismissed the efforts as "political mischief."

"This lawsuit was merely a misguided attempt to distract the voters away from the candidate who is the most qualified candidate we have for president," Cruz attorney Sharee Langenstein said after Tuesday's hearing. "I'm just glad we're able to move on from it. I think it's a distraction from what's actually most important in this particular race."

The Illinois primary will be held on March 15. Two recent polls of Illinois voters show Trump with a sizable lead in the state over Cruz, Rubio and Ohio Gov. John Kasich.

Follow USA TODAY Chicago correspondent Aamer Madhani on Twitter: @AamerISmad