Just finished watching Justice Herb Yazzie deliver judgement.
Court states that The Board of Election Supervisors and the Elections Commission is in contempt for not immediately and totally complying with last week's court order to delay next week's election and remove the name of Chris Deschene from the ballot, (last week's ruling based on a post- primary hearing stemming from complaints by 2 losing primary candidates that Deschene did not speak Navajo fluently enough. )
The court rules that the commission has "no authority to review laws and declare them invalid". Last weeks's court decision to postone the election and remove Deschene is law and is mandatory. period.
Yazzie managed to get reluctant agreement to proceed as ordered, from Mr. Edison Wauneka, head of the Navajo Election Administration,who said though he agreed with the Board of Election Supervisors in principle, he is bound to obey the law. it sounds like this means continuing with Tuesday's election, but not counting ANY of the votes for president. Wauneka will request money to hold a new election for president.
The court ruled that Wauneka should declare the supervisors' positions vacant and disqualify them from any elected offices they are seeking because of the contempt finding.
(now former)Board member Lenora Fulton:"We accomplished what we set out to do as a united board, and if it means being stripped of our duties and not being able to run for office for another five years, it's worth it to me," she said. "I'd do it again. A person's right to vote is important, and we were not willing to invalidate that."
My glitchy internet streaming did not allow me to hear all of the sanctions Yazzie is imposing on the Elections Commisssion, but the court has effectively eliminated the Board of election Supervisors and hogtied the the head of Election administration, so it will not arrest and detain them. How generous.
UPDATE: Yazzie has REMOVED the members of the Board of Election Supervisors from office. he has totally disbanded the group responsible for ensuring fair elections.
Deschene is ordered to pay the court costs of the two plaintiffs, about $6,000.00 Over 300 Deschene supporters were outside the courtroom in Chinle and have set up a website to help him raise the money to do that.
forgive me if i share the website.
http://www.savethenavajovote.com
Well played, entrenched guard , you went for broke and the voice of the voters will not be heard. not in this round anyway.
Sun Nov 02, 2014 at 8:45 AM PT: Chris Deschene statement on Supreme court ruling
Supporters, I’m very disappointed in today’s Supreme Court decisions. This isn’t about the $6,130.83 I was absurdly ordered to pay to remove myself from the ballot by covering my opponents legal fees. Or the presidency I was striving to earn. This is about the message the court sent to you.
This ruling could have a chilling effect on the future of our elections. It sends a dangerous message that your vote doesn’t count.
This upsets me most. Because as Dine, we have an election Tuesday, despite the uncertainty of my candidacy. We have a congressional representative to elect. We have a governor to choose. We have council positions to fill. We have school board and chapter positions to fill. It’s our responsibility to vote.
As far as the future of my presidency, we have one remaining option, and that’s the pending veto override. Call your delegates. Voice your support.
And know that regardless of the outcome, I appreciate your ongoing support. I’m proud of what we have accomplished, together.
Vote Tuesday. It's critical.