The Navajo Supreme Court is now hearing arguments on why the Supreme Court should or should not issue an order to the Navajo Election Board and Office to comply with the Navajo Nation Office of Hearings and Appeals final order which disqualified Chris Deschene as a presidential candidate and the election law mandates that the third place presidential candidate in the primary election be moved up.
JUSTIN JONES, attorney for plaintiff Hank Whitethorne
One of our responsibilities is that we enforce Navajo Nation law and Office of Hearing and Appeals is Navajo law and was made by Navajo law.
CHIEF LEGISLATIVE COUNSEL LEVON HENRY for Navajo Election Board & Office
when OHA issued its order and its was not the best order written, “we expect” election office to move third place winner in primary election up. this is not about Chris Deschene. he was disqualified.
but when OHA ordered the election board to move the third place candidate up, what about Mr. Deschene’s appeal? and you have election office and candidates spending money on this side.
the question would be is deschene wins his appeal then we would have spent hundreds of dollars on election that would not take place and why election board always said that we are following process and once decision made, we can take action before spending money on ballots, calibrating election machines, training election staff.
what happens if this all unravels if navajo nation spends money on second and maybe third election. we argue there is process here that must be followed to its finality.
BRIAN LEWIS, attorney for Chris Deschene
Russell Begaye misused thousands of dollars of the Navajo Oil and Gas Company. Kenneth Maryboy sued the Navajo government and that is not unswerving loyality to the Navajo Nation. A person cannot certified.
CHIEF JUSTICE YAZZIE
there is assertion, ethical complaint against Russell Begaye, third place candidate. are you saying that there is a decision?
BRIAN LEWIS, attorney for Chris Deschene
no. ethical complaint filed against Russell Begaye on july 31. Begaye’s attorney couldn’t explain to federal court about why it should over-rule Supreme Court. but the ethics office has not acted on that complaint for the disqualification of Russell Begaye. these documents have been provided to this court. and yes there is no final order but i can that there is certainty that Russell Begaye will be challenged and it will create more conflict and move down the line and there is another shareholder of Navajo Oil and Gas that is on list of presidential candidates.
i dont know of any time in history when a sitting delegate files against sovereignty of navajo government. and i am not gambling man but i can bet that Russell Begaye’s candidacy will be challenged.
CHIEF JUSTICE YAZZIE
in your statement, it’s clear that you anticipate legal action if election continues. are you aware if navajo government lawyers working with election board on nov. 3 general election.
BRIAN LEWIS, attorney for Deschene
I don’t know.
CHIEF JUSTICE YAZZIE
would agree that government and candidates have right to valid ballot?
BRIAN LEWIS, attorney for Deschene
yes
JUSTIN JONES, attorney for plaintiff Hank Whitethorne
this writ not about Russell Begaye. Chris Deschene was disqualified. now the action before court, 11 NNC section 44 is an automatic invoking triggering law and it’s also very clear that law says that election board is to “enforce” navajo law. and they didn’t which is why writ is here before supreme court.
not only did they not enforce it. they refused to enforce it.
we don’t disagree that there is a appeal but there is assumption by other parties that deschene will prevail. they are banking on that.
the writ is about enforcement of Navajo law.
CHIEF JUSTICE YAZZIE
That concludes arguements on the merits. the complicated nature of the writ, along with time constraints, calls for due deliberation on the merits of the matter. so we will take matter under advisement and given that this is an election case, we will be prompt as possible in issuing decision.