An Oglala Sioux man on the Republican ticket in Montana is ineligible for public office because he does not meet the state's residency requirements.

Dave Mihalic, governor candidate Pat Davison's running mate, did not live in Montana for two years prior to the November election, the state's political practices commissioner ruled on Friday. But the commissioner said she doesn't have the power to remove Mihalic from the ballot.

Davison, who sits on the board of a group challenging tribal sovereignty and sacred sites, took the ruling as a victory. He said Mihalic can serve if elected.

Mihalic is a former National Park Service superintendent who spoke out against some of the Bush administration's proposals. He opposed a land transfer benefiting the Eastern Band of Cherokees of North Carolina that became law.

Get the Story:
Ruling: Mihalic ineligible (The Great Falls Tribune 5/22)
Residency rules trip Davison's running mate (The Billings Gazette 5/22)

Related Stories:
Tribal member on GOP ticket probed over residency (04/07)
Lakota tribal member on GOP ticket in Montana (3/31)
Indian man resigning from Park Service (12/10)
NPS manager to quit over Cherokee swap (10/04)