Indian voters in NM?

[Paul Finkelman]

thanks; this is very helpful

Michael Richardson wrote:

>
>
> >Is this for all Indians; or only those living on reservations?  What 
> was New Mexico's rationale for denying the vote to Indians not living 
> in Indian country?  Was it statutory or simply a form of de facto 
> disfranchisement, as the South did to blacks?
>
> Both Arizona and New Mexico barred the Indian vote for two decades 
> after citizenship in 1924 was granted to native Americans.  In Arizona 
> the native peoples were seen by the courts to be under "federal 
> guardianship".  That doctrine was put to rest by the Arizona Supreme 
> Court in Harrison v. Laveen, 67 Ariz 337, 196 P.2d 456 (1948).
>
> In New Mexico the language of the 14th Amendment "Indians not taxed" 
> was in the state constitution and used as a bar to the vote.  
> Ex-Marine Miguel Trujillo, denied the vote because of his Indian 
> bloodline, brought suit and ended the "Indians not taxed" business in 
> an unpublished decision, Trujillo v. Garley, USDC-NM, No. 1353, (1948).
>
> An excellent article by Jeanetter Wolfley appeared in the American 
> Indian Law Review, Vol. 16, No. 1, 1990.  See "Jim Crow Indian Style: 
> The  Discrimination of Native Americans" which is available at: 
> votingrights.org
>
> My earlier confusion over 1948 or 1962 comes from a New Mexico Supreme 
> Court case, Montoya v. Bolack, 372 P.2d 387 (1962) where the matter 
> was reviewed for the last time.
>
> Michael Richardson
>
>
>
>
>  
>
>
> ------------------------------------------------------------------------
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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
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paul-finkelman at utulsa.edu


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