No. SC-CV IN THE SUPREME COURT OF THE NAVAJO NATION. DALE TSOSIE AND HANK WHITETHORNE, Petitioners,

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1 No. SC-CV FEB-;) [1:21 IN THE SUPREME COURT OF THE NAVAJO NATION N~'1iV,~O DALE TSOSIE AND HANK WHITETHORNE, Petitioners, v. NA V AJO BOARD OF ELECTION SUPERVISORS AND NAVAJO ELECTION ADMINISTRATION, Respondents. BRIEF OF RUSSELL BEGAYE AS AMICUS CURIAE PRO SE Nn4~ ~- Candidate for Navajo Nation President P.O. Box 298 Window Rock, AZ 86515

2 TABLE OF CONTENTS: AUTHORITY OF THE AMICUS... 1 STATEMENT... if " ARGUMENT... CONCLUSION

3 AUTHORITY OF AMICUS TO FILE The Supreme Court of the Navajo Nation invited candidates Joe Shirle~, Jr. and Russell Begaye to file amicus curiae briefs in its order dated January 15, STATEMENT The issue of concern for the amicus is the recently enacted Resolution CD-80-l4. The Resolution is to allow for a Special Run-Off election followed by a Special General Election for the Office of the President and Vice-President. The Resolution additionally directs the Navajo Election Administration to cancel the President and Vice-President election for The Resolution limits the Special Run-Off election to all 17 candidates, including Christopher C. Deschene. Deschene was disqualified pursuant to 11 N.N.C. 4. The Navajo Nation Supreme Court ordered Deschene to be removed from the ballot because he was disqualified and proceed with the general election pursuant to 11 N.N.C. 44. Dale Tsosie and Hank Whitethorne v. NBOES and NEA at 8 (Nav. Sup. Ct. October 23, 2014) The Navajo Election Administration did not immediately proceed with the general election and in the interim the Navajo Nation Council and President passed this Resolution. This Resolution is invalid as it violates Title 11 of the Navajo Nation Code. If the Resolution is not invalidated, it will continue to delay the election which will only escalate the disharmony and confusion among our People and not bring the much needed finality and hozho back to the Navajo Nation and our People.

4 ARGUMENT I. RESOLTION CD VIOLATES TITLE 11 OF THE NAVAJO NATION CODE AND IS INVALID. The Resolution finds under Section One D. and E., the Navajo Nation Supreme Court's decision to remove Christopher C. Deschene from the ballot, disenfranchised voters who voted in the 2014 primary and general election. This Resolution is to provide a remedy for those individuals that voted for Deschene. The Resolution's remedy for Deschene's voters is to allow for a Special Run-Off election followed by a Special General Election. The Resolution pursuant to Section Three authorizes a Special Run-Off Election and a Special General Election. The Special Run-Off Election shall be scheduled for June 2, 2015 and the Special General Election to be scheduled for August 4, The Resolution limits the Special Run-Off election to all 17 candidates who ran in the 2014 primary election, including Deschene. Deschene remains a disqualified candidate for the Office of the President and Vice- President. In the instance a candidate is disqualified after the primary election, 11 N.N.C. 44 addresses the issue, as follows: In the event of death, resignation or disqualification of any candidate, who by virtue of the primary election was placed on the general election ballot, except the candidates for the Office of the Vice-President of the Navajo Nation, the candidate who received the next highest votes in the primary election preceding the general election shall automatically be placed as the new candidate on the official ballot in the general election following said primary election. Pursuant to 11 N.N.C. 44, Deschene is disqualified, as such Russell Begaye received the next highest vote in the primary election and therefore is the candidate to be placed on the official ballot for the general election. There is no other option available under our laws if a 2

5 candidate becomes disqualified after the primary election. This means that the Special Run-Off Election and Special General Election is not allowed pursuant to Navajo law and in fact violates 11 N.N.C. 44. If the Navajo Nation Council finds that 11 N.N.C. 44 is harmful or infringes on voter's rights the more appropriate mechanism is to amend to the Code not to pass a Resolution that would violate law. Furthermore, if Deschene is placed on the ballot will no doubt result in further litigation and will only continue the delay of the election. The Resolution did not amend or waive any laws in fact Section Two provides: This Resolution does not amend Title II of the Navajo Nation Code, and other relevant laws, but shall be interpreted as a Resolution to provide for a special remedy to address the disenfranchisement of Navajo voters pursuant to the authority of the Navajo Nation Council over election matters. Deschene remains disqualified pursuant to 11 N.N.C. 4. If allowed on the ballot, will take the election back to where the election disarray first began. Any further delay of the general presidential election, will only intensify the disharmony and confusion amongst our People. I ask the Court to proceed with caution on this issue and strongly urge the Court to respect the election laws and process. It is not good public policy to allow interference and continue delay in the election of our Naat 'aanii. CONCLUSION This Resolution does not amend Title 11 of the Navajo Nation Code nor waive any Navajo Nation law for the Special Run-Off election and Special General Election. Furthermore, the continued delay of the general presidential election oversteps 2 N.N.C and 11 N.N.C. 6 that provides the Term ofthe Office ofthe President shall be four (4) years. 3

6 I request that the Court invalidate Resolution CD-80-14, uphold the laws ofthe Navajo Nation by ordering the general presidential election to be conducted in accordance with Title 11 ofthe Navajo Nation Code and cause the general election to be held immediately to bring the much needed finality and hozho back to the Navajo Nation and our People. Respectfully submitted this day of February 6, BY:--fF-=--"'~~~~ Russell Begaye Post Office Box 298 Window Rock, Navajo Nation (AZ) Telephone:

7 " Copies were ed and mailed on 2/6/15 to: David R. Jordan The Law Offices of David R. Jordan, P.C. P.O. Box 840 Gallup, New Mexico Attorneyfor Petitioner Tsosie Justin Jones The Law Offices of Justin Jones, P.C. P.O. Box 2240 Farmington, New Mexico Attorneyfor Petitioner Whitehorne Steven C. Boos 835 Second Ave. Suite 123 Durango, CO sboos(c:z)mbssllp.com Attorneyfor Navajo Nation Legislative Counsel Michael P. Upshaw 8171 East Indian Bend Road Suite 101 Scottsdale, Arizona Attorneyfor Navajo Election Administration Kellie Peterson Magnum Wall Stoops & Warden, PLLC P.O. Box 10 Flagstaff, Arizona Joe Shirley, Jr. P.O. Box 37 Window Rock, Arizona

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Dale Tsosie and Hank Whitethorne, Petitioners,

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Dale Tsosie and Hank Whitethorne, Petitioners, No. SC-CV-68-14 SUPREME COURT OF THE NAVAJO NATION Dale Tsosie and Hank Whitethorne, Petitioners, v. Navajo Board of Election Supervisors and The Navajo Election Administration, Respondents. OPINION GRANTING