Update in Navajo Nation Election Dispute

Here is “Navajo Nation presidential candidate suffers setback after ruling” reporting that the Navajo President vetoed the bill that would have allowed Chris Deschene to remain on chris-deschene-portrait-2the ballot.

Also, “Navajo Language Fluency Still a Requirement for Tribal Candidates.”

On the motion for contempt (here), the Navajo Supreme Court’s website states:

The Supreme Court has set a hearing for the Petitioners’ Motion to Hold Respondents in Contempt of Court in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration, No. SC-CV-68-14. The hearing is scheduled for 10 a.m. on October 31, 2014, at the Chinle District Court. See order. The Supreme Court has also set hearings on October 31, 2014, at the Chinle District Court on costs and fees in SC-CV-57-14 and SC-CV-58-14 at 9 a.m., and in SC-CV-68-14, at 1 p.m.

The Navajo SCT previously issued an opinion on the merits here.

Navajo Nation Supreme Court Decision in Tsosie v. Deschene

Opinion here.

Based on the foregoing, by majority decision, the Court hereby enters a Permanent Writ of Mandamus against the Respondents. Under its administrative duties to implement the Election Code, the NEA is ordered to comply with 11 N.N.C. 44. The ballots are to be immediately reprinted without the name of the disqualified candidate, Christopher C. Deschene. It is unavoidable that the November 4, 2014 election must be postponed as agreed to by the Chief Legislative Counsel, and as permitted by 11 N.N.C. 3 to ensure a valid election.

Briefs posted here.

Navajo Nation SCT Briefs and Materials in Tsosie v. Deschene

Here:

The Supreme Court has issued an Order of Dismissal in Tsosie and Whitethorne v. Deschene, No. SC-CV-68-14. The Notice of Appeal is available here.

Most of the briefs are here:

Amicus briefs are here:

2014-10-20 E Arthur et al Brief of the Amicus Curiae

2014-10-20 NN Purpose of Amicis Brief-CC

Briefs before the Supreme Court remanded are here:

Navajo SCT Decision in Chris Deschene Candidacy Matter

Here is the opinion in Tsosie v. Deschene:

SC-CV-57-14_Order_of_Remand

We posted on this issue here.