WASHINGTON (CBSDC/AP) — An outspoken Florida Democratic congressman says he will file a lawsuit over Ted Cruz’s citizenship if the Texas senator is elected president.

Rep. Alan Grayson, D-Fla., told Fox News Radio he will “file that beautiful lawsuit” since Cruz was born in Canada.

“The Constitution says ‘natural born Americans.’ So now we’re counting Canadians as natural born Americans? How does that work?” Grayson questioned.

Cruz, whose mother is American and father Cuban, was born in Canada in 1970 and moved to Texas in 1974. The senator renounced his Canadian citizenry in 2014.

Grayson said Cruz isn’t an American.

“It’s not ‘The Biggest Loser’ that they’re choosing, it’s ‘The Biggest Bigot,'” Grayson told Fox News Radio. “In a sense, I guess, Cruz is not technically that way, because technically he’s not even an American.”

Cruz recently survived a challenge to appear on New Hampshire’s primary ballot.

The challenge against Cruz alleged he was ineligible to run for president because he was born in Canada.

Cruz’s mother was born in Delaware, giving him U.S. citizenship upon birth.

The New Hampshire Ballot Law Commission rejected the challenge.

(H/T Mediaite)

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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