Navajo President, Speaker: Supreme Court ‘overstepping authority’ by ordering April election

Navajo Nation President Ben Shelly and Council Speaker LoRenzo Bates issued a statement late Tuesday condemning the Navajo Nation Supreme Court’s order requiring the presidential election to be held April 21 and say the court is “overstepping its authority” and “displays a lack of respect for the authorities of [the] Nation’s three-branch government,” further exposing the rift between different factions of the Navajo government.

The Supreme Court on March 20 called for the election to take place April 21 and that the Acting Controller transfer $317,000 to the Navajo Election Administration for the election.

However, just days earlier on March 16, Shelly signed legislation that allows for a reservation-wide vote on language requirements for presidential candidates, allowing the Navajo people to decide how “fluency” is determined. The Navajo Nation Council approved the measure two days earlier.

March 24, the council filed a motion to reconsider with the Supreme Court, saying it “was not afforded the opportunity [to] voice its concerns”, and Shelly filed a motion to intervene.

Shelly and Bates contend the court acted “without the benefit of considering input” from the council or president, and went a “step further by deeming the Navajo Nation Council to be a ‘non-party’ in its ruling.

The Navajo Nation’s Appropriations Act says that the full council must approve the $317,000 appropriations of funds.

Tuesday’s statement says the Supreme Court does not have the authority to unilaterally transfer funds, and by ordering the Acting Controller to do so, the court is violating Navajo financial laws.

“Therefore, the Executive Branch is faced with the dilemma of obeying financial laws or the Supreme Court’s order.”

Shelly and Bates sum up Tuesday’s statement by saying the “general election for the Navajo President will take place after the Navajo People have an opportunity to vote on the question of fluency in a referendum.”

They says the “issue is far too important and decisive to exclude the participation of the true authority, which lies with the Navajo People.”