The Supreme court of the Navajo Nation has ruled today that Christopher Deschene is disqualified as a candidate for president . This despite the fact that the tribal Board of election supervisors has supported Deschene in his quest to remain on the ballot for the Nov. 4 election. Deschene was certified as the second place winner in the August primary and moved on to the Nov. 4th runoff, with 9,831 votes, (19%) compared to the winner , who had 11,052, (21%). the court ruled that the third place finisher must be reinstated as a candidate, (third place finisher had about 7,453 votes, 14%)
From the AP:"The tribe's highest court did not rule on the merits of the case. Instead, the justices dismissed it over lack of jurisdiction because Deschene did not include a copy of his disqualification order with his notice of appeal. They ruled out any possibility to have the appeal reconsidered."
To date, Deschene remains on the ballot. A large number of absentee and early voting ballots have already been submitted . Deschene encourages his supporters to continue to vote for him by ballot.
Original complaints were filed against Deschene by two losing primary candidates, Hank Whitehorse, 398 votes, and Dale Tsosie, 1,120 votes. Their complaints spurred the October Hearing and subsequent disagreement between the Board of Election supervisors and the office of hearings.
(My Comment: it reads to me like the supreme court ignored the larger issues, whether the voice of Navajo voters should be heard, and even ignored the secondary issue, whether and how 'fluency ' in the Navajo language figures into a candidate's qualification. Instead it would seem that it based its ruling on the most minute technicality: that in last week's appeal, Deschene did not include the record of disqualification handed down by the tribal board of appeals on October 6, (after Deschene refused to submit to a language test a test given to no other candidate). Especially odd, because it would seem that the plaintiffs would have certainly included a copy of that Oct 6 disqualification. Well, what do I know? but this has made things difficult for the voters in the upcoming election)
From Deschene, today:
I respect the Supreme Court, but they simply got this one wrong. I want to be your president. I am qualified to be your president. And I remain on the ballot as a presidential candidate. You must continue to vote. The Board of Election Supervisors continues to protect your vote. They have continued to do the right thing, and I am grateful. They have not conceded to this flawed, biased legal process. And neither will I. Your council is also considering legislative remedy this week. You can support that effort with calls and emails. We are not surprised by today's ruling, and we assure you, this is NOT over. Don't quit on me. I will continue to fight for you. For us. I'm committed to solving the real problems facing our nation. You can help by staying the course and voting. Let's win this."
earlier diary on this election: http://www.dailykos.com/...
7:35 PM PT: Another option presents itself in form of a bill the larger tribal council will hear tomorrow, Thursday.
The bill states that "language proficiency shall be determined by the people voting in favor of the person upon the right and freedom of the Dine to choose their leaders."
The bill would apply retroactively to 2014 elections and could pass by a simple majority vote from the 24 member council.
Current Navajo Nation president Ben Shelly, would then have 10 days to approve or veto the bill.
Thu Oct 23, 2014 at 12:43 PM PT: The Navajo Nation supreme court has today,Thursday Oct. 23, ordered tribal election officials to postpone the Navajo Nation's presidential election and reprint ballots without the name of candidate Christopher Deschene
Mon Oct 27, 2014 at 7:30 PM PT: Just after midnight on Friday October 24,after hours of deliberation, the full Navajo Tribal Council council passed a resolution dissolving the Navajo language fluency requirement for presidential candidates.
Voting 11-10, the Council approved Legislation No. 0298-14, amending language requirements in the Navajo Nation Election Code. The resolution goes to the Office of the President for consideration. The bill would be retroactive to the 2014 election and would seem to re-validate the candidacy of Christopher Deschene.
President Ben Shelly has 10 days to approve or veto the measure.
On Friday morning, Oct 24, the Board of Election Supervisors met to decide how to address all of the late developments, especially how to resolve the last weeks Supreme court and Legislative actions in light of the fast approaching election. Friday afternoon they announced they adjourned and will reconvene on Monday ,October 27.
Monday,October 27: The board of election supervisors announces that the election has not been halted and ,as of now is continuing as scheduled. The board requests Navajo Nation Attorney General Harrison Tsosie to clarify the legal ramifications of stopping the election, considering that early-voting is occurring for positions other than the presidency, and clarify procedures in the selection of a vice-president."
Tsosie has until Oct 31 to respond. the Election is still scheduled for Nov 4 and absentee and early voting have been onoging since October 9. Christopher Deschene remains on the ballot.
President Shelly has not yet announced a decicion on whether he will sign or veto legislation passed last wThursday by the full council.
Article on today's update :
http://navajotimes.com/...
Tue Oct 28, 2014 at 7:18 AM PT: holy cow. original plaintiffs have moved for an order of contempt of court with the Navajo Nation supreme court against Chris Deschene and the Navajo Board of Election Supervisors. according to the attached article . they ask that both be held in contempt for proceeding with the election.
http://navajotimes.com/...
Tue Oct 28, 2014 at 4:33 PM PT: President Shelly vetoes legislation passed by NN Council . with this veto, Deschene candidacy looks in doubt, according to the standing Supreme Court ruling.
One week away from the Nov. 4 election, a clear path forward is difficult to discern.
Tue Oct 28, 2014 at 4:33 PM PT: http://navajotimes.com/...