Navajo Nation files lawsuit against Apache County officials over Election Day voting issues
KAYENTA
The Navajo Nation has filed a lawsuit against Apache County officials, alleging violations of voting rights that affected thousands of its residents. The lawsuit is filed with the Apache County Superior Court.
The lawsuit claims that numerous polling sites within Apache County on the Navajo Nation failed to comply with mandated operational hours and were unable to provide adequate ballots, severely hindering Native American voters’ ability to exercise their constitutional right to vote.
According to the complaint, the Navajo Nation, represented by Indian Legal Clinic attorney Patty Ferguson Bohnee and Navajo Nation Attorney General Ethel Branch, asserts that Apache County Recorder Larry Noble and Elections Director Rita Vaughan acted negligently in their official capacities. Citing nearly 43,000 registered voters residing in the Apache County portion of the reservation, the Nation contends that the failure to open polling places at 6 a.m. as required by Arizona law, and the lack of available ballots resulted in long lines, frustrating wait times, and ultimately disenfranchisement of voters.
Reports emerged from multiple locations, including Lukachukai, Lupton, and Rock Point, where voters faced excessive wait times of up to three hours and left polling places without casting their ballots. In some instances, malfunctioning voting devices and inadequate ballot supplies compounded the issue. The lack of accessible voting options further complicated matters, with many voters unable to cast their votes due to device failures.
Speaker Crystalyne Curley articulated the pressing issues facing constituents during this crucial time, stating,
“I think there’s numerous issues going on right now,” she said on Tuesday.
The problems began with reported discrepancies in the printing of ballots.
Curley noted that “only one side of the ballots were being printed,” leading to confusion and frustration among voters. The panel proposition appeared correctly printed, but the candidate section was absent from the front page, creating unnecessary barriers to participation.
Further compounding the issue, Curley highlighted the lack of sufficient provisional ballots at polling locations.
“We’ve been getting fixed numbers,” she explained, indicating a shortage that has left many without alternatives when their primary voting options failed them. “There are at least one hundred that are at these polling sites for provisional ballots…those are running out too right now.”
Curley who was in Chinle earlier on Tuesday said she saw daunting long lines, which concerned her.
“We just passed by Chinle,” she recalled, where the line stretched longer than anticipated as voters faced delays.
Curley raised concerns over the county’s inability to deliver enough emergency provisional ballots to polling locations.
“While we haven’t yet direct communications from the county or any alert or notification that these are happening,” she said, referring to the lack of timely information from officials.
Despite these challenges, Curley remained proactive, having just finished a call with the secretary of state and the elections director from Phoenix.
“We made them aware,” she confirmed, illustrating her dedication to facilitating smooth voting processes.
Despite the complications Navajo voters experienced today, Curley urged voters to stay in line.
“Our people do need to vote, not to turn anybody away,” she concluded resolutely, advocating for immediate action to ensure that every voice is heard and every ballot counted.
The lawsuit seeks a temporary restraining order compelling the county to extend polling hours until 9 p.m., allowing voters who arrive after 7 p.m. to vote provisionally. Additionally, it demands that the county accept and count out-of-precinct ballots from voters who were unable to cast their votes during the election day chaos.
As of the time of the filing, Apache County officials had reportedly acknowledged some challenges on election day but insisted that many issues were resolved by mid-morning. The county has not yet responded publicly to the lawsuit’s claims.
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