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Speaker Pro Temp Bates says issue is about vote of the people
October 23, 2014 Professional Journal

Here at the Navajo Nation Council where lawmakers heatly debating Legislation 0298-14 “An Action Relating To An Emergency; To Address A Matter Which Directly Threatens The Sovereignty Of The Navajo Nation; Amending Language Requirements Of The Navajo Nation”

delegate elmer BEGAY
This is first time that the Navajo language fluency qualification for presidential candidate was tested. Our skin makes us unique.

AMENDMENT – page 8, line 23-27, Strike all Sentences and Add “This act will be effective for 2016 election.”

DELEGATE LEONARD TSOSIE
disenfranchisement of voters happened when supreme court made decision without remedy. many votes cast and we have perogative to make laws. but this amendment doesn’t address disenfranchisement which is why this is an emergency. we have to provide remedy. some of us may be of the view that there is no emergency until first fist flies. it’s ludicrous. there is anger out there based on disenfranchisement of voters. when see potential civil unrest, we address when damage done and damage done by Navajo Supreme Court.

as soon as candidate made a mistake, they pounced. all supreme court cited was hearsay, nothing on merit and why this amendment will not help so let’s protect navajo voting rights.

DELEGATE LORENZO CURLEY
if read supreme court decisIon, chris deschene was railroaded. If read, you will see that chief justice railroaded chris deschene from participating in the election. those that are concerned about applicability of law and fairness, i think are concerned about someone out there or maybe family member. but there is legislative intent that provides protection. what saying is that this law is effective on your next election for school board. let’s not throw barriers into this. we need to address issue. laws and rules were changed in the fourth quarter.

DELEGATE KATHERINE BENALLY
i’m still concerned about “retroactive” and even after legislative counsel provided Sandoval case mumbo jumbo. the general election is two weeks away so we need to take retroactive out. that is wrong because now there will other candidates that don’t speak Navajo language and they’ll be eligible to run. i’m already receiving messages, i can run and i’m not fluent. i don’t hve problem with them running. do we open the primary?

DELEGATE Leonard Tsosie
Yes

DELEGATE KATHERINE BENALLY
Right now this emergency legislation is written to protect one person. We’re just wasting our time. we are not talking about protecting 41,000. we’re just talking about 9,000. we’re discriminating by calling it emergency and piece mealing. the laws were cleared. there was no ambiguity when candidates filed.

DELEGATE MEL BEGAY
I have question for Attorney General HARRISON Tsosie because he’s the protector of all the people’s rights.

ATTORNEY GENERAL HARRISON TSOSIE
the supreme court in setting Navajo fluency requirement…OHA decided no jurisdiction cuz time period passed for appeal but Dale Tsosie and Hank Whitethorne appealed. Under election code, the supreme court is basically “the jurisdictional clause in 341 says file within ten days and that was met. supreme court decision based on evidence and supreme court made decision that parties had right to appeal, under 11 NNC 341. but you asked who has authority to decide what regulations apply regarding qualification for office of president. Tsosie eluded to that merits not discussed. and i’m not going to say if that sufficient or not. so who had authority to set standard for navajo language fluency? election office? election board? I’m not going to say that supreme court wrong or right.

QUESTION OF PRIVELEGE, DELEGATE KATHERINE BENALLY
I want Legislative Counsel to read OHA decision and what they did which included OHA asking Deschene questions that he refused to answer.

DELEGATE LEONARD TSOSIE
we talk about test. there was ambiguity and we talk about test. there was never standard. this is a sin against justice to do it this way. the navajo supreme court was unfair. they didn’t have hearing or allow election board to determine fluency. Black said decisions should be simple instead of complicated.

CHIEF LEGISLATIVE COUNSEL LEVON HENRY READS SELECTED PORTIONS OF OHA FINAL JUDGMENT BUT NOT WHERE MR. DESCHENE REFUSED CROSS EXAMINATION

VOTE WAS 10 IN FAVOR, 10 OPPOSED

SPEAKER PRO TEMP BATES
this is about vote of the people and i vote red/no.
FINAL VOTE ON AMENDMENT IS 10 in favor, 11 opposed

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