Deschene motions to get back on Navajo presidential ballot after chief hearing officer’s firing

Chris Deschene, the former Navajo Nation presidential candidate who underwent a gauntlet of challenges to his presidential candidacy earlier this year before being removed from the ballot, has filed a motion with the Navajo Office of Hearings and Appeals to void the order that disqualified him.

The petition stems from the December removal of Richie Nez as the chief hearing officer of the Office of Hearings and Appeals. Under Navajo law, Nez was supposed to get licenses from the bar associations in either New Mexico, Arizona or Utah, in addition to being licensed in the Navajo Nation Bar Association.

However, Nez did not obtain a license from any of those states. He said at the time he wouldn’t appeal his firing because he knew it was a possibility.

“Mr. Nez had no authority to enter the OHA Orders in this mater, [thus] all such orders are void. Accordingly, the OHA Orders must be vacated and Mr. Deschene restored as a rightful candidate for President of the Navajo Nation,” reads the introduction to the petition filed Monday by Deschene’s attorney, Edward J. Hermes.

Deschene’s removal came on the heels of Nez requiring Deschene to take a language fluency test, something that had not been asked of other candidates. Under Navajo law, presidential candidates must be able to speak and understand the language fluently and be able to write and read English fluently as well.

The postponed presidential election had been originally rescheduled for Dec. 23, but was pushed back to 2015, though no solid date has been set at this point. Joe Shirley Jr. and Russell Begaye are currently set to be the two candidates on the presidential ballot.