Guest Column: 'Tsosie legislations have disenfranchised us all'

Posted by Navajo Times | Apr 9, 2015 | Guest Essay |

By Percy Deal
Special to the Times
While in office as a delegate, I witnessed the 1989 incident. Today, evolving situations still takes me back to those awful, horrible days. I never want the nation to re-live those days.
I can no longer just stand by and watch the developing situation in our nation’s capital. Memories are much too painful. A majority of us are watching in silence the 2014 election. It is very disturbing and it should have never happened if only the Navajo Nation’s laws on election were honored and upheld by all candidates and those charged to uphold these laws. I am most certain when those 17 candidates picked up their packet they took the time to read all enclosed items such as the qualifications; it is their responsibility to adhere to the policies. There is no excuse.
Upon the submission of the application and the fees, the election office and the board are charged to ensure everything is in order. It is apparent this did not happen, thus the responsible officials failed at their jobs. That is uncalled for. Candidates also signed under oath an affidavit to declare themselves meeting all qualifications. The current situation should have been taken care of at this point and none of us needed to know a candidate was disqualified. The responsible parties allowed all applicants on the ballot and this has created a major problem; everything that we are being subjected to could have been solved at that moment.
As a result of those mistakes and failures, our laws, language, government, and our civil rights are under attack just to accommodate one person. Our laws are public laws, our language is one of a kind and sacred, our government is all we have, and our civil rights to exercise our vote are sacred as well. All that makes us sovereign is held hostage as a result of those mistakes and just for one person. Why is this so?
It is in the hands of the Council to end this madness before it grows any further into chaos as it did in 1989.
My friend, Leonard Tsosie (three term delegate, former legal advocate, and seven term state senator) has since introduced several legislations using the argument that the primary election and its aftermath disenfranchised voters (those that voted for the disqualified candidate); approximately 9,800 (19 percent) out of almost 52,000 (100 percent) that voted. My conclusion is all of his legislations have now disenfranchised all of us. By law we should have voted and elected a new qualified president on Nov. 4, 2014 (six months ago) and should have a new president in office since Jan. 12, 2015 (three months ago). Is this not disenfranchisement and a serious violation of our voting rights?
Each and every legislation by Mr. Tsosie has been declared null and void by either veto or court decisions because they were all in violation in one form or another. For example:

• Changing the qualification in the midst of an election.
• Nullifying the primary election and holding the election all over again with all candidates even one that was disqualified.
• Pardoning the election board for defiance of laws and court orders.
• Refusing to approve funds to hold an election.
• The Supreme Court on Oct. 23, 2014, ordered an election of a president with qualified candidates on the ballot. Mr. Tsosie, in his continued defiance of election laws and Supreme Court orders, introduced another legislation to vote for referendum on April 21 and not for the president as ordered, throwing the presidential election into uncertain future.
• In late December 2014 or early January 2015, Mr. Tsosie, Mr. Bates, and perhaps others met with President Shelly to compromise on an agreement that will allow Mr. Shelly to stay in office after his term expires for as long as necessary.
• Electing a president is our (the people’s) right to do so, certainly not Mr. Tsosie nor Mr. Bates nor the Council. No one really knows what was actually agreed to in that meeting, but from that point on Mr. Shelly changed his veto stance 180 degrees. I fear our rights were compromised.
• After having Mr. Shelly in his (Tsosie’s) pocket, he decides to overthrow the Supreme Court by removing the chief justice. His latest legislation charges the chief justice with malfeasance and misfeasance. Chief justice and the associate justices were just doing their job ensuring the laws of the Navajo Nation were upheld and ensuring consistencies in all prior related court decisions, thereby our language and the public interest were fully protected.

What I see happening is Council allowing Mr. Tsosie to hold them hostage to a single issue, to place an unqualified person on the ballot and elect him to the Office of the President.
I am not a lawyer, but Mr. Tsosie’s actions the last six months seem to fit the definition of malfeasance and misfeasance. And furthermore, “disenfranchising” our rights to vote and elect a president. What we have is a non-voted appointed person presiding as president illegally. All his actions may be illegal. Finally, I like to ask you to turn to the delegate that sits next to you and ask “What have we really gained from all this?”
You have the authority to bring this whole embarrassing, confusing and unlawful act to an end. Why is Mr. Tsosie so determined on putting this one unqualified person in office and not anyone else, makes you wonder, right?
We, as a nation, have many other very important issues that need tending to. I do not need to tell you what those are. Your constituents elected you to provide them the very best service. It is time to do the right and lawful thing.
Percy Deal, Big Mountain, Ariz., was a member of the Navajo Nation Council from 1986 to 1990. He is now retired after 43 years of public service and continues to do volunteer work.