Voter sues tribe over cancelling primary
WINDOW ROCK
A Navajo voter has filed a lawsuit against the Navajo Nation over the cancelling of the chapter primary election that is normally held in August.
The complaint, filed by activist Elouise Brown of Sanostee, New Mexico, says the Navajo Nation Council violated the liberty rights of the Navajo people and the cancelling of the primary election offends Navajo common law doctrines of egalitarianism and participatory democracy.
“Primary elections shall be held on the first Tuesday which precedes the date of the general election of chapter election by a minimum of 90 days,” according to 11 N.N.C Section 3.
The Council may make any amendments to the code that disturb and undermine the right of the people to participate in their democracy, states the complaint. During its summer session, the Navajo Nation Council approved a bill to cancel the Aug. 4 Navajo Nation Primary Election due to concerns over COVID-19. All candidates will automatically be forwarded to the Nov. 3 general election ballot.
When this resolution went across the street to President Jonathan Nez, he vetoed it.
“We appreciate the concerns brought forth, but we must also remember that the Navajo people’s right to vote is an issue that the Navajo Nation has fought long and hard to protect across multiple states and jurisdictions,” stated Nez at the time. “The power to vote and participate in electing our leaders is the most basic right afforded by our democracy.”
But then Council said during a June 11 Naabik’íyáti’ Committee regular meeting, the Navajo Election Administration’s primary concern was the protection of Navajo voters. After taking into consideration the concerns of Rodriquez Morris, interim executive director of the Navajo Election Administration, Council overrode the veto.
The complaint says this action violates 1 NNC Section 3 because the people lost their liberty interest in an election without the process of law. The action also violates 1 NNC section 202(D), because it interferes with the people’s fundamentals right of self-governance, the complaint says. The Supreme Court has established that these rights are fundamental and may only be altered by a vote of the people, stated the complaint.
The 2020 general election should be postponed permitting the completion of a proper primary elections, said the complaint. The last day to register as a voter is now Oct. 5, and absentee voting will start the same day. The early voter deadline is Oct. 19, with the requirement that voters must be in a NEA office by 5 p.m. that day. The last day for absentee voting is Oct. 30. The 2020 General Election will take place on Nov. 3.
The new schedule also puts training for chief poll judges on Nov. 2, a day before the election.
Highway 264,
I-40, WB @ Winslow