Shirley's effort to run for 3rd term thrown out

All parties involved seem intent on quickly resolving the question of President Joe Shirley Jr.'s eligibility to run for a third term.

On June 25 the Office of Hearings and Appeals ruled against Shirley, stating that the Navajo Election Administration was within its right to deny Shirley's candidacy for a third term as president.

With the Aug. 3 primary election rapidly approaching, Shirley wasted no time appealing the decision in a motion Monday to the Navajo Nation Supreme Court. The court responded immediately, scheduling oral arguments next Friday, July 9.

The court ordered Shirley to submit a written brief by tomorrow, July 2. The NEA must submit its response by July 7. The July 9 hearing is set for 10 a.m. in the Navajo Nation Labor Commission hearing room.

That the issue would be taken to the nation's high court was expected. However, there was concern that the process could take up to six months and election officials are already so concerned over delays in the election process that they are pushing for the court's permission to postpone the primary.

Hearing Officer Keith C. Smith issued his ruling nine days after the OHA hearing. He affirmed the complaint of Jerry Todacheene, a presidential candidate from Shiprock who filed a complaint against Shirley's candidacy in May, and affirmed the separate action by election officials to disqualify Shirley as a candidate.

"The Navajo Election Administration rightfully acted according to Navajo law by disqualifying Mr. Joe Shirley Jr. as a candidate for President," Smith stated in his ruling.

Shirley argued that the law limiting presidents to two consecutive terms violates his civil rights. He argued that of all the elected positions on the Navajo Nation, the president is the only one subject to a term limit.

Smith agreed that the fundamental rights of the people include both voting for their leaders and the right to run for public office. However, the OHA can interpret such laws as the term limits as the will the people as well, Smith stated.

He pointed out that the laws that establish the term limits were created in 1989, following the governmental crisis created by then Navajo Tribal Chairman Peter MacDonald Sr. As a result the council created the three-branch governmental system, including the Office of the President.

"The concentration of power and authority was a genuine concern," Smith states. "The council passed the amendments to help ensure history does not repeat itself."
In addition, different positions within Navajo government hold different levels of power, particularly the president's position.

"While the authority of the council and judicial bodies are spread over numerous individuals, the Office of the President rests its authority in one person," Smith states.

Because of this, term limits were adopted "to maintain the function and integrity of the government."

"The end result was clear specific language that the presidential terms are four years length and limited to two," Smith states. "Such limitations are reasonable when viewed through the lens of public policy."

Smith said the term limits do not violate Shirley's civic rights. He pointed out Shirley has run for the position at least twice previously. He could do so again in the future. However, this time, the term limits apply.

"(Shirley) has not been denied anything that another person in his situation would not also be denied, and the Nation has good reason to deny all such persons," Smith states. "The term limits are an attempt to maintain balance."

Shirley also argued using Diné Fundamental Law to state that the people have a right to choose their own leader despite the law.

Smith did not disagree with this argument. However, going back to the notion that the term limits are the will of the people, he stated that additional action is needed to remove the limits.

"Until the people seek to amend (the election code) by eliminating the presidential term limits, such reasonable restrictions must remain and be honored," Smith states.

"Consequently the OHA cannot and will not supplant the will of the people, nor presume it is the desire of the people to eliminate term limitations for the President of the Navajo Nation."

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