Navajo Election Board appeals to Navajo Attorney General to clarify upcoming election steps

The Navajo Nation Election Board passed a motion Monday with an 8-0 vote to continue with the November 4 election, but the motion has asked Navajo Attorney General Harrison Tsosie to give legal opinion on how to comply with the Navajo Supreme Court’s order to postpone elections and remove candidate Chris Deschene from the ballot.

Levon Henry, the Chief Legislative Council for the Navajo Nation, told KOB Monday that the Election Board asked the attorney general for input on how to proceed with the election and language requirement initiatives.

Henry also said that Dale Tsosie and Hank Whitethorne, the two petitioners against Deschene’s candidacy, have filed a show-cause motion asking the court to bring the three men in front of the court to ask why its orders have not been complied with.

The Navajo Times called it an ‘Order of Contempt.’

The attorney general will have to answer several questions in particular relating to the election. First, he will have to determine the legal process for moving a qualified candidate up when another candidate is disqualified.

Russell Begaye, who took third in June’s presidential primary, would be moved onto the ballot if the ruling disqualifying Deschene goes into effect.

Another question Attorney General Tsosie will have to answer is what happens if the election is stopped, since absentee ballots and early voting ballots have already been submitted with Deschene’s name. He will also have to clarify the process of selecting a vice president and certifying them, as that position is not currently up for vote.

Tsosie said that the Navajo Department of Justice represents the Navajo Nation’s judicial branch, legislative branch and executive branch, and said there would be no conflict of interest in sorting out the law and measures.

The Election Board’s decision is based off Navajo people’s continuing support of Deschene, despite him being ruled off the ballot, according to board members.