Election board waiting for Shelly’s decision on language bill

WINDOW ROCK

Once Navajo Nation President Ben Shelly signs or vetoes an emergency bill that amends the language qualifications for elected positions, including the presidency and vice-presidency, the Navajo Board of Election Supervisors will then decide how to proceed with the Nov. 4 general election.

The reason, according to supervisor Lenora Fulton, is because the emergency bill, which passed the Navajo Nation Council’s floor by a 11-10 vote Thursday night, essentially follows the three-branch process and allows the Navajo people to choose their leaders.

“To me it’s clear,” she added. “That’s the proper way it’s going.”

According to the bill, cosponsored by Council delegates Danny Simpson, Jonathan Hale and Leonard Tsosie, the current language requirements for elected office remain intact, but adds new language that states “language proficiency shall be determined by the People voting in favor of the person upon the right and freedom of the Diné to choose their leaders.”

In other words, the fluency standards for each of the elected positions of the president, vice president, council delegates, chapter officers, farm board candidates, district grazing committee candidates and school board members remains intact with the voters deciding the language proficiency of the best qualified candidate of their choice.

For the qualifications of the president and vice president, for example, the new law reads, “Must fluently speak and understand Navajo and read and write English, which language proficiency shall be determined by the People voting in favor of the person upon the right and freedom of the Diné to choose their leaders.”

The same provision applies to Council delegates, which “must be able to speak and understand Navajo and/or English, which language proficiency shall be determined by the votes cast by the people in favor of the person upon the right and freedom of the Diné to choose their leaders.”

According to language in the bill, the law would take effect for the 2014 Navajo Nation Election and subsequent Navajo Nation elections once signed by Shelly.

“This law should be applied retroactively in the interest of justice and fairness to all candidates meeting the 2014 candidacy filing deadline for the Navajo Nation general elections,” states provisions in the bill.

At the special meeting of the election board Friday, Supervisor Wallace Charley asked Chief Legislative Counsel Levon Henry how the new law passed by Council impacts the election and comports with the Navajo Supreme Court’s decision to replace presidential candidate Christopher Clark Deschene with Russell Begaye, the third highest vote-getter in the primary election.

On Thursday, the high court, in its Writ of Mandamus, ordered the Navajo Election Administration and Navajo Board of Election Supervisors to remove Deschene off the Nov. 4 general election ballot, pursuant to Section 44 of the Election Code.

Section 44 is an election provision that requires when a candidate is disqualified (Deschene) that the next candidate (Begaye) move up into the position of the disqualified candidate.

Charley wanted to know whether Deschene, who was present at the election board meeting with his running mate Fannie Atcitty, is disqualified from the general election, as ordered by the high court in its Writ of Mandamus and considering the new law ‘s passage by Council.

Charley and Fulton also said that four years ago the Supreme Court had retroactively disqualified school board members; thus, a precedent has been set with disqualifying elected officials.

“Can you be clear?” Charley asked the chief legislative counsel about the intent of the new law.

In response, Henry offered that he didn’t exactly know what the Council’s new law weighed, noting that it depended on how the new law would be applied.

“It all depends on how this legislation is used,” Henry said.

The chief legislative counsel also stated that he recently was handed an order for declaratory judgment and injunctive relief from voters, which are asking in Window Rock District Court for a temporary restraining order to stop the election board and administration from reprinting ballots.

“It’s up to citizens to file and I don’t want to see board and office being held hostage,” Fulton added.

Charley argued that the election board still has the authority to print the Nov. 4 general election ballots as is.

Supervisor Frannie George added that since there are other election bills on the Navajo Nation Council’s agenda it would be better for the board to meet again on Monday, and also wait for Shelly’s decision.

“I like the idea of returning Monday and everything available for us to look at,” George said.

As of this writing at 2:00 p.m. the board of election supervisors came out of executive session, and will meet again on Monday for a special meeting. The board had voted 6-2 to go into executive session.