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

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

No. SC-CV ~tlh OCT 20 Al1 8: 51 IN THE SUPREME COURT OF THE NAVAJO NATION NAV AJO NATt I'N. Dale E. Tsosie and Hank Whitethorne, Petitioners,

No. SC-CV IN THE SUPREME COURT OF THENAVAJONATIOl'iiPi OCT :20 Mil 8: 52. DALE TSOSIE AND HANK WHITETHORNE, ;, Petitioner!

)

No. SC-CV No. SC-CV-58-14

{1;~t.~_ IN THE SUPREME COURT OF THE NAVAJO NATION

No. SC-CV No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Dale Tsosie, Petitioner/Appellant, Christopher Deschene, Respondent! Appellee.

No. SC-CV NAVAJO NATION SUPREME COURT. Kathleen Arviso, Petitioner/ Appellee, Norma Muskett, Respondent/ Appellant. OPINION

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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

No. SC-CV NAVAJO NATION SUPREME COURT. Terlyn Sherlock, Petitioner-Appellee, The Navajo Election Administration, Respondent-Appellant.

No. SC-CV NAVAJO NATION SUPREME COURT. Mae Y. Sandoval, Appellant, Navajo Election Administration, Appellee, And Concerning:

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Cecelia R. Wauneka and Clara Bia-Kirk, Appellees,

No. SC-CV SUPREME COURT OF THE NA V AJO NATION. Evelyn Meadows, Petitioner, The Navajo Nation Labor Commission, Respondent, And Concerning,

JUDICIAL BRANCH OF THE NA VAJO NATION

No. SC-CV OPINION

FALL SESSION October 16-20, Navajo Nation Council Chambers Window Rock, Navajo Nation

No. SC-CV IN THE SUPREME COURT OF THE NAVAJO NATION. Lawrence Platero, Appellee, Navajo Election Administration, Appellant. MEMORANDUM DECISION

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. GWENDOLENE BEGAY, Appellant,

RESOLUTION OF THE NAVAJO ANTION COUNCIL AN ACT

No. SC-CV NAVAJO NATION SUPREME COURT. Navajo Nation Oil and Gas Company, Petitioner, Window Rock District Court, Respondent, and

Case 2:12-cv RJS Document 75 Filed 12/28/12 Page 1 of 12

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Northern Edge Casino and The Navajo Nation, Petitioners, Window Rock District Court, Respondent,

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Rivka Thomas-Pittman Petitioner-Appellant, Navajo Nation Respondent-Appellee.

Digital comments may be ed to

Digital comments may be ed to

JUDICIAL CONDUCT COMMISSION PLAN OF OPERATION

No. SC-CV Veronica Wauneka, Appellee, v. Navajo Department of Law Enforcement Appellant. OPINION

No. SC-CV IN THE SUPREME COURT OF THE NA VAJO NA TIoNII,W ~''''rl1lt'' DALE TSOSIE AND HANK WHITETHORNE, Petitioners,

Case 3:12-cv SRB Document 8 Filed 06/06/12 Page 1 of 5

Case 1:12-cv JCH-RHS Document 1 Filed 12/06/12 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

All Community Services Coordinators New Mexico Chapter's. NM-ICIP DATA In-put

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. A.P., Minor Petitioner, Crownpoint Family Court, Respondent. OPINION

No. SC-CY SUPREME COURT OF THE NAVAJO NATION. ERBY AP ACffiTO, Petitioner, NAVAJO NATION, Respondent. OPINION

ZOi5 BEFORE THE NAVAJO NATION SUPREME COURT

COMES NOW San Juan County and moves the Court to defer consideration

UNITED STATES DISTRICT COURT

In the Supreme Court of the United States

No. SC-CV NAVAJO NATION SUPREME COURT. Dean Haungooah, Petitioner, Delores Greyeyes, Director, Navajo Department of Corrections, Respondent.

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Navajo Nation, Office of the Prosecutor, Petitioner, Kayenta District Court, Respondent,

Administrative Law Outline. Contents

SC-CV SUPREME COURT OF THE NAVAJO NATION. Lavenna George, Appellant, Appellees. OPINION

Civil Litigation in Navajo Courts. Patrick T. Mason Mason & Isaacson, P.A. Gallup, NM

No. SC-CR SUPREME COURT OF THE NAVAlO NATION. Aaron John Appellant,

PROPOSED AGENDA OF THE 23 rd NAVAJO NATION COUNCIL. SPRING SESSION April 16-20, :00 AM

No. SC-CV NAVAJO NAnON SUPREME COURT. Jimmy and Martina Begay, Respondents - Appellants, v. Lewis and Lorraine King, Petitioners- Appellees.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

APPROVED A ENDA OF THE 23~ NAVAJO NATION I UNCIL. SUMMER SESSION Julyl6-20, :00 AM

SUPREME COURT OF THE NAVAJO NATION

DISTRICT OF ARIZONA. to reach agreement by the end of the business day on March 14 th, and some parties were not

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA. v. CV 10-CV PCT-JAT

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA. Plaintiffs, Defendants.

No. SC-CV IN THE SUPREME COURT OF THE NAVAJO NATION. Evelyn Acothley, et al. Petitioners,

ETHICS FROM THE CLIENTS STANDPOINT

Answer Key for Writing Assignment

IN THE SUPREME COURT OF THE CHEROKEE NATION PETITION CHALLENGING ELECTION AND APPLICATION FOR INJUNCTIVE RELIEF AND WRIT OF MANDAMUS

FAMILY COURT OF THE NAVAJO NATION JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

Journal of the HEALTH, EDUCATION AND HUMAN SERVICES COMMITTEE 23~x~ NAVAJO NATION COUNCIL. July 31, :00 a.m.

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

V. CASE NO CA-00669

No. SC-CV SUPREME COURT OF THE NA'y AJO NATION

E - C'5. Report No July Office oflegislative Services Corrective Action Plan Implementation. The Navajo Nation. A FoIIow-up Review

NAVAJO NATION BAR ASSOCIATION, INC Annual Bar Conference Twin Arrows Navajo Casino Resort [ALL TIMES SHOWN ARE ARIZONA (STANDARD) TIME]

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Navajo Housing Authority, Petitioner-Appellant, Daniel Johns, et al., Respondents-Appellees.

OPINION. AUSTIN and *Morris *by. Appeal ofa decisio11 by the Navajo Nation Labor Commission, NNLC No ,!

WINTER SESSION January 22-26, 2018 at 10:00 am. Navajo Nation Council Chambers Window Rock, Navajo Nation

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Now comes Plaintiff, the Rhode Island Affiliate, American Civil Liberties Union

AGENDA HEALTH, EDUCATION AND HUMAN SERVICES COMMITTEE 23 rd NAVAJO NATION COUNCIL REGULAR MEETING. November 13, :00 a.m.

In The Supreme Court of the United States

Navajo DOT Transportation Partnership Steering Committee Meeting Agenda

BUDGET AND FINANCE COMMITTEE OF THE. SIGN IN SHEET SHEET/ROLL CALL Date: December 5, 2017 Place: Navajo Nation Council Chambers TIME IN. Z~oCa ~?

CRIMINAL LAW: NUTS & BOLTS AKA: CRIMINAL DEFENSE FOR ATTORNEYS WHO PURPOSELY CHOSE NOT TO PRACTICE CRIMINAL LAW

) ss. COUNTY OF COOK )

Courts Outline Contents

LEGISLATIVE SUMMARY SHEET TITLE OF RESOLUTION: RELATING TO RESOURCE AND DEVELOPMENT COMMITTEE AND THE NAABIK'IYATI' COMMITTEE; CONFIRMING THE

Ward and Town Committees

$>upreme {[ourt P.O. Box 520 Window Rock, Arizona Telephone Fax

MAJORITY OF ARIZONANS THINK IMMIGRATION IS BAD FOR U.S.; BORDER ENFORCEMENT IS NUMBER ONE PRIORITY; STATE DIVIDED OVER BUSH S GUEST WORKER PLAN

Case 2:07-cv SMM Document 59 Filed 04/30/08 Page 1 of 15

Executive Director Office of Legislative Services P.O. Box 3390 Window Rock, AZ (928)

IN THE Supreme Court of the United States

Terms of Reference for Local Governing Bodies

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 3:18-cv GMS Document 1 Filed 03/27/18 Page 1 of 15

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY. No.

Case 2:15-cv NVW Document 73 Filed 11/02/15 Page 1 of 4

PROPOSED AGENDA HEALTH, EDUCATION AND HUMAN SERVICES COMMITTEE 23 rd NAVAJO NATION COUNCIL REGULAR MEETING. June 11, :00 a.m.


Government Outline. Contents

- 1 - DISTRICT 29A NORTH CAROLINA COURT OF APPEALS ***************************************** ) ) ) ) ) ) ) ) ) ) )

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. JOHN DOE BF, Plaintiff-Appellant, DIOCESE OF GALLUP, ET AL, Defendant-Appellee.

J.K., a minor by and through RK., et al., on behalf of themselves and all others similarly situated,

Case 2:15-cv NVW Document 115 Filed 12/14/15 Page 1 of 5

RESOLUTION OF THE NAVAJO NATION COUNCIL AN ACT

MEMORANDUM OF AGREEMENT for APPROVED SIHASIN FUND POWERLINE AND CHAPTER PROJECT(S)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Supreme Court of the United States

Case 2:14-cv SPL Document 25 Filed 09/11/14 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

PROPOSED AGENDA HEALTH, EDUCATION AND HUMAN SERVICES COMMITTEE 23rd NAVAJO NATION COUNCIL REGULAR MEETING. June 11, :00 a.m.

Transcription:

No. SC-CV-68-14 2015FEB-;) [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

TABLE OF CONTENTS: AUTHORITY OF THE AMICUS... 1 STATEMENT... if " ARGUMENT... CONCLUSION... 1 2 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, 2015. 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 2014. 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.

ARGUMENT I. RESOLTION CD-80-14 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, 2015. 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

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. 1002 and 11 N.N.C. 6 that provides the Term ofthe Office ofthe President shall be four (4) years. 3

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, 2015. BY:--fF-=--"'~~~~ Russell Begaye Post Office Box 298 Window Rock, Navajo Nation (AZ) 86515 Telephone: 928-206-7622 Email: begaye2014@hotmailcom. 4

" Copies were emailed 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 87305-0840 Email: djlaw919@gmail.com Attorneyfor Petitioner Tsosie Justin Jones The Law Offices of Justin Jones, P.C. P.O. Box 2240 Farmington, New Mexico 87499 Email: justinjones@gmail.com Attorneyfor Petitioner Whitehorne Steven C. Boos 835 Second Ave. Suite 123 Durango, CO 81301 Email: sboos(c:z)mbssllp.com Attorneyfor Navajo Nation Legislative Counsel Michael P. Upshaw 8171 East Indian Bend Road Suite 101 Scottsdale, Arizona 85250 Email: mllpshaw@mc1awfirm.com Attorneyfor Navajo Election Administration Kellie Peterson Magnum Wall Stoops & Warden, PLLC P.O. Box 10 Flagstaff, Arizona 86002 Email: kpeterson@.mwswlaw.com Joe Shirley, Jr. P.O. Box 37 Window Rock, Arizona 86515 5