Navajo Election Board of Supervisors still has questions on Council bill, Court order

White: “Elections continue. It hasn’t stopped”

WINDOW ROCK

The Navajo Board of Election Supervisors convened most of its special meeting in executive session Monday to discuss the 2014 General Election, and is moving along with its mission of protecting the rights of voters.

The board voted 8-0 on a motion that requests Navajo Nation Attorney General Harrison Tsosie to answer two questions: What are the legal ramifications of stopping the election, considering that early-voting is occurring for positions other than the presidency, and the procedures in the selection of a vice-president.

The board requested Tsosie to have this legal opinion that answers their questions by Friday, Oct. 31 at its next special meeting.

“To be fair to all candidates and voters, we need this information in the form of a legal opinion from the Attorney General,” said Navajo Board of Election Supervisor Tom White.

White read this prepared statement immediately after the board reconvened from being in executive session and also after supervisor Lenora Fulton expressed her thoughts on behalf of the board.

“The NBOES has a responsibility and obligation to ensure that all elections process is done in a fair and impartial manner, free of corruption, intimidation, and fraud,” Fulton said.

She added that over the last two weeks outside interests have attempted to disrupt and interfere with the election process that the board has been following – Title 11 of the Navajo Nation Code.

Fulton noted that the Navajo voters are the highest form of political authority and they are the one’s whose sovereignty is at stake in this Nov. 4 general election.

“The NBOES honors and respects their oath of office and will to the best of their ability preserve and defend the laws and government of the Navajo Nation and advance the interest of the Navajo people, having due regards for the ethical duties and responsibilities of the office,” Fulton said. “The NBOES continues to stand united in its position.”

Even though the Navajo Nation Supreme Court has ordered the election board and election supervisors to remove presidential candidate Christopher Clark Deschene from the general election ballot, he still remains on it.

And since that is the case, White said, “Election continues. It hasn’t stopped.”

Supervisor Norman Begay also stated that the election supervisors do not support Deschene or Joe Shirley, Jr., as falsely stated on social media sites.

“We here to protect voter rights,” he added.

Following their meeting, Fulton went on to say that the two questions asked of Tsosie are not like the 20 or so questions that bombarded board when the high court made its decision in the Writ of Mandamus and the Navajo Nation Council’s recent passage of a bill that amends the qualifications for elected positions, including the presidency.

Friday, or Halloween, Fulton said, is enough time for Tsosie to provide the board with their answers.

In an interview with the Navajo Times, Tsosie, who is providing legal counsel to the election board and administration, said that the legal advice he wrote is called an advisory memorandum.

It advises, he said, how the election office complies with the high court’s order and also considers the new bill Council passed last week that amends the qualification requirements of elected positions.

Asked if the election does indeed continue like White noted, Tsosie replied, saying, “For the time being, because they’re (board) not sure if an election can be interrupted.”

Tsosie added that the high court, in its Writ of Mandamus, didn’t put “a stay in the election” either.

The new law passed by Council is also known as the Amendments to the Navajo Nation Election Code of 201. It hasn’t been signed by President Ben Shelly, according to Deswood Tome, special advisor to Shelly.

Tome said Monday the president took the bill under advisement and has made no decision to sign it into law or veto it. The president has ten days from when the legislation is brought to his desk to ink the bill.

The new law, passed by Council on a 11-10 vote, does not eliminate the current language requirements for the elected positions of president, vice president, Council delegates, chapter officials, land board candidates, farm board candidates, district grazing committee candidates and school board candidates.

It, however, adds new language to the election code that allows the language proficiency of these elected positions be determined by the people, who have the “right and freedom of the Diné to choose their leaders.”

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