MONTOYA v. BOLACK

No. 7103.

372 P.2d 387 (1962)

70 N.M. 196

Joe A. MONTOYA, Contestant-Appellant. v. Tom BOLACK, Contestee-Appellee.

Supreme Court of New Mexico.

Concurring Opinion June 14, 1962.


Attorney(s) appearing for the Case

Bigbee & Stephenson, Santiago E. Campos, Santa Fe, for appellant.

A. T. Hannett, Albuquerque, M.W. Hamilton, Robert E. Fox, Santa Fe, for appellee.

Willard F. Kitts, William C. Schaab, William A. Brophy, Albuquerque, for New Mexico Civil Liberties Union, amici curiae.

Arthur Lazarus, Jr., Strasser, Spiegelberg, Kampelman & McLaughlin, Daniel M. Singer, Joel R. Fiedelman, Washington, D.C., for Assn. on American Indian Affairs, Inc., amici curiae.

Norman M. Littell, Washington, D.C., Joseph F. McPherson, Walter F. Wolf, Jr., Window Rock, Ariz., for Navajo Tribe, amici curiae.


CARMODY, Justice.

We are called upon to determine if Navajo Indians residing on the reservation are eligible to vote. Part of the reservation is geographically within the exterior boundaries of the state of New Mexico, and the problem is whether such lands are politically and governmentally a part of the state so as to meet the constitutional requirement of "residence" for voting purposes.

The appellant was a candidate for the office of lieutenant governor...

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