Navajo Nation files second suit against
Apache County to protect Navajo voting rights

Posted by Navajo Times | Nov 19, 2024 | News |

WINDOW ROCK

The Navajo Nation Department of Justice on Nov. 12 filed a second lawsuit against Apache County because of delays in processing early ballots for the 2024 general election. This lawsuit follows an earlier one filed on Election Day to provide Navajo voters in Apache County with an additional two hours to vote after ballot printers at most polling places failed.

The new lawsuit seeks to give Navajo voters more time to fix problems with signatures on their early ballots. This year, voters had until 5 p.m. on Sunday, Nov. 10, to correct any signature issues. However, late on Saturday, Nov. 9, the Navajo Nation DOJ learned that Apache County had paused processing early ballots from Nov. 6- 8. They also discovered that at least 143 Navajo voters had signature issues that needed to be addressed. At that time, Apache County still had 900 early ballots left to process.

With only 48 hours remaining before the deadline, Apache County had very little time to notify these voters and allow them to correct their signatures. The short time frame was especially challenging because of poor cell phone and internet service in the Navajo Nation, the use of post office boxes, and the long drive to the Apache County Recorder’s Office in St. Johns, Arizona, among other reasons.

In addition to these delays, it was difficult to reach the Apache County Recorder’s Office during election week. Navajo Nation Attorney General Ethel Branch, a voter in Apache County, experienced this firsthand when she tried to confirm that her early ballot had been received. The Arizona Secretary of State’s website showed that her ballot still hadn’t been processed by mid-afternoon on Nov. 9, and she had to call the Apache County Recorder’s Office multiple times to get confirmation.

Thanks to the efforts of volunteers on Nov. 10, around 21 voters were able to fix their early ballots, but about 40 of those voters reported that they had never been notified about their signature issues by Apache County.

To ensure Navajo voters had enough time to address signature problems, the Navajo Nation filed an amicus brief (a document supporting a court case) on Nov. 10, asking the Arizona Supreme Court to extend the state’s ballot curing period. This was in response to the more than 250,000 early ballots that had not been processed as of Nov. 8. However, the Arizona Supreme Court refused to extend the deadline.

Because the state court didn’t extend the deadline, the Navajo Nation decided to file a lawsuit against Apache County on Nov. 12. It is asking the court to prevent Apache County from certifying the election results until Navajo voters are given enough time to fix any signature problems on their early ballots.

“Apache County’s delay in processing early ballots disenfranchised Navajo voters, and that is unacceptable,” said Speaker Crystalyne Curley. “I am hopeful for a positive outcome in the Nation’s suit against Apache County.”

Branch added, “We will continue to hold Apache County accountable for any disenfranchisement of Navajo voters. The Navajo voice and vote matter and should be counted.”