Sen. Marco Rubio

Sen. Marco Rubio

Sen. Ted Cruz isn’t the only Republican candidate fighting off accusations about his birth status and whether he qualifies for the presidency – Sen. Marco Rubio is actually facing a lawsuit on the same.

Michael Voeltz, a Fort Lauderdale resident, filed a suit against Rubio, alleging the Florida senator – who’s coming in third in national polls, behind Cruz and first-place Donald Trump – fails to comply with the Supreme Court definition of “natural-born citizen,” Breitbart reported.

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Rubio’s campaign responded with a request for the court to dismiss the “birther” claims.

“Rubio filed a motion to dismiss … [The complaint] show that Rubio’s legal team spent considerable time researching the issue. ‘Senator Rubio is a natural born citizen of the United States and he is eligible to be president of the United States,’ it concludes. … [The complaint] confirmed his parents were given citizenship in 1975. Rubio at the time said he did not know why his parents waited,” reported the Tampa Bay Times.

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The filing also indicated Rubio’s parents came to the United States in 1956. Rubio was born on May 28, 1971, a few years before his parents were given citizenship.

Cruz has been fighting off charges he’s not a natural-born citizen of the United States because he was born in Alberta, Canada, to a mother who was an American citizen. Cruz actually held dual citizenship as a Canadian and American until June 2014, when he renounced his Canadian ties.

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