In re Wagner

OPINION

This case concerns the Navajo Nation Election Code’s prohibition on serving simultaneously as a council delegate and a member of a state legislature. The Court previously affirmed that Appellant could not serve as both, and ordered him to choose one position. The Court explains its ruling in this opinion.

I

The relevant facts are as follows. Appellant Leonard Tsosie ran for council delegate against Appellee Laverne Wagner and two other candidates. Tsosie was a senator in the New Mexico State Legislature at the time of the election. During the campaign, Tsosie used a computer to scan part…