Election director says the vote will go on

District Court judge had ordered suspension of Tuesday’s election

FA R M INGTON — Although a Navajo Nation judge on Friday ordered that Tuesday’s special election be suspended, Navajo Election Administration Executive Director Edison Wauneka says the election is still on.

In an order signed at 4:48 p.m. Friday, Window Rock District Court Judge Carol Perry granted a petition for permanent injunction that was filed last week by four former members of the Navajo Board of Election Supervisors.

Perry also ordered the referendum election to amend the language qualifications for the presidency and vice presidency take place before the special election.

While Wauneka said he was surprised by the ruling, he maintained that the special election will continue as

scheduled.

“We’re going to keep going,” Wauneka said, adding that his office will file an appeal as soon as possible on Monday.

On March 20, the tribe’s Supreme Court ordered Tuesday’s special election to continue between Joe Shirley Jr. and Russell Begaye.

With two courts issuing conflicting decisions, Wauneka said the election administration will continue to follow the high court’s directive.

Wauneka said the district court ruling violates the voting rights of those who have already cast ballots, as well as the rights of the candidates.

Early walk-in voting for the special election ended Friday, and absentee mailin ballots will be accepted until 7 p.m. Tuesday, Wauneka said.

Shirley reiterated that the lower court does not override the high court.

“The district court cannot dictate to the Navajo Nation Supreme Court. … I don’t think the injunction will go anywhere,” Shirley said, adding that the high court has already “handed down” several orders, including directives enforcing Tuesday’s election.

With several campaign rallies scheduled throughout the weekend, Shirley said he will continue to encourage the people to vote.

“They can play their games,” he said. “I don’t appreciate it myself as a member of the voting body.”

Begaye could not be reached for comment because he was meeting with supporters at a campaign stop in Piñon, Ariz., according to his campaign.

The petition asking to suspend the special election was filed by former election board members Norman L. Begay, Harry D. Brown Sr., Wallace Charley and Ruth H. Watson.

It also requested a temporary restraining order against the election administration and Wauneka.

Earlier in the week, Perry denied the temporary restraining order and scheduled a hearing on Tuesday for the group’s petition to suspend the special election.

In court documents, the group stated it sought the suspension because of concerns the election administration was violating tribal law by holding the special election before allowing voters to weigh in on a referendum that could amend the language fluency qualifications for the president and vice president.

On March 13, the Navajo Nation Council approved a resolution containing the referendum. President Ben Shelly signed it into law March 16.