High court to hurry up vote hearing

The Navajo Nation Supreme Court will hear the appeal of a Leupp Chapter man who is seeking to overturn the Dec. 15 special election to reduce the membership of the Navajo Nation Council from 88 to 24 members.

The court has scheduled oral arguments for 10 a.m. on March 12 at the Navajo Nation Museum.

However, both sides have their work cut out for them until then.

Tim Nelson, organizer of a group called Diné for Fairness in Government, is appealing the dismissal of his complaint by the Office of Hearings and Appeals, which ruled that he failed to direct his challenge to the parties responsible for the things he is complaining about, namely the Navajo Election Administration and the Navajo Board of Election Supervisors.

Nelson instead targeted President Joe Shirley Jr., who does not have any direct control over how elections are conducted.

Among Nelson's chief concerns: the election results did not conform to a provision in the Navajo Nation Code requiring a supermajority vote - a majority of all chapters and more than 50 percent of all registered voters regardless of voter turnout - for initiatives to change the size of the council.

The Office of Hearings and Appeals dismissed the complaint in January, agreeing with Shirley that Nelson, who was representing himself, did not name the appropriate parties in his complaint.

The Supreme Court gave Nelson, who now is represented by Flagstaff attorney John Trebon, until Feb. 12 to file a brief explaining his arguments that the election should be voided.

Shirley, represented by Window Rock attorney Albert Hale, has until Feb. 26 to file a response. Nelson then has until March 5 to file a brief in reply.

The court noted that it is expediting the case pursuant to a rule that cases involving elections "shall be given priority over ordinary civil cases."

The court also opened the door for other interested parties to file amicus briefs stating their legal opinions on the matter. The amicus, or "friend of the court" briefs could provide additional perspective by citing statutes, previous decisions, or historical information.

It is also possible another party would seek to intervene on grounds of having a separate interest in the case, such as someone else who voted in the election.

The amicus briefs and motions to intervene are due by March 5.

Because of Nelson's challenge, the Navajo Board of Election Supervisors has not yet certified the election results, in which more than 25,000 voted in favor of council reduction with 16,166 voting against. By law it cannot certify the results until all challenges are resolved.

In the meantime, Shirley is pushing to make sure the voters' wishes are reflected in this year's elections. The administration drafted several proposals to redraw council district boundaries based on a 24-member system. The elections board has so far refused to acknowledge the plans or to propose its own alternative.

Meanwhile, candidate packets for the November 2010 election are supposed to be available starting today. The packets are based on an 88-member council, according to Edison Wauneka, Navajo Election Administration director.

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