OHA asks for more info in delegate challenge

Posted by Arlyssa Becenti | Aug 4, 2016 | Politics |

WINDOW ROCK

After a hearing Thursday morning on an election dispute between council candidates Steven Begay and Theresa A. Becenti-Aguilar, the chief hearings officer for the Office of Hearings and Appeals asked the parties to return Aug. 16 with more facts and legal precedents.

In the recent special election to replace Council Delegate Mel Begay, Steven Begay was elected to represent Coyote Canyon, Mexican Springs, Naschitti, Tohatchi and Bahastl’a’a’ with 731 votes. Challenger Becenti-Aguilar, who came in second place with 564 votes, says Begay should be disqualified because he was a federal employee while he was campaigning.

Becenti-Aguilar, who was represented by Gallup lawyer David Jordan, challenged Begay, who was represented by Farmington attorney Justin Jones, and the Navajo Election Administration, saying Begay was an employee with the Indian Health Service from the time he submitted his application for election up until he won.

According to candidate qualifications for the Navajo Nation Council, “A candidate must not be in the permanent employment of the United States or any state or subdivision thereof, or be an elected official of the United States or any state or subdivision thereof, with the exception of service on a school board or elective county office.”

“My client’s opponent was a permanent employment of the United States Government,” said Jordan. “He was allowed to be on the ballot not withstanding the fact he had clearly a disqualifying condition by being employed by the federal government. He should be disqualified from this election and my client should be declared the winner as the second-go winner in the election.”

Jones said that the Navajo Election Administration already disqualified Steven Begay because of his employment status, but a stipulation of grievance was made making the candidate resign from Indian Health Services if he won the election. Two days after being announced the winner, Begay resigned.

“May 23, Office of Hearings and Appeals accepted that stipulation of grievance … and he was put on the ballot,” said Jones. “The issue of if he qualifies was already raised with this body … It’s being raised again. The same argument is being litigated twice. This matter has been resolved.”

A special election to vote for a new delegate for the five chapters was held June 28 when former council delegate Mel Begay was removed, after he was found guilty on 10 counts of misusing a financial assistance program designed to help tribal members and was sentenced to three years in jail and $33,400 in restitution.