ALBUQUERQUE — After the Navajo Nation Council voted 11-10-1 to amend the tribe’s election code’s language requirements early Friday morning to allow voters to determine a candidate’s fluency, the fate of this year’s general election, originally scheduled for Nov. 4, is even more up in the air than it was Thursday.

If signed by the president the measure would apply retroactively, meaning it could still apply to the upcoming election, whenever it should happen.

Navajo Nation President Ben Shelly is meeting with lawyers this weekend in Albuquerque, according to Wallace Charlie, with the Navajo Nation Election Commission. Charlie said the commission hopes to have either a veto or signature from Shelly by Monday.

Charlie said the commission has also requested the Navajo Nation Attorney General’s Office give it legal advice on all the matters that have been brought by the commission and Supreme Court this week.

The Election Commission will meet again Monday at 9 a.m., and Charlie said the commission hopes it will have a decision about if the legislation will apply to the upcoming election or not then.

During Friday morning’s proceedings, council members argued that the Navajo law that establishes retroactive decisions cannot be applied in the middle of an election and should not apply, if passed, until the next election.

“I never expected it would rise to this, but it’s a good thing,” Chris Deschene said in an interview with KOB Friday afternoon. “It’s absolutely something that we needed to talk about. You’ll find that this is consistent with a lot of different cultures and their journeys with their respected languages.” 

The Navajo Nation Supreme Court ruled Thursday to remove Chris Deschene from the presidential ballot and postponed the Nov. 4 election indefinitely. Its ruling comes after an appeals court ruled Deschene could not seek the office because he would not demonstrate he knew the Navajo language fluently, something that had been required for most major Navajo posts.

However, the Supreme Court’s decision hinges solely on a procedural misstep by Deschene, as the court said he failed to file his appeal to the court properly.

“I am qualified. I have gone and I have acquired all kinds of experience and knowledge,” Deschene said. “I believe that my nation is in trouble. I want to help, and personally, I believe I have a right to help my people.”

Friday’s ruling on the language requirements means Deschene could still end up on the ballot through a complicated series of steps. He and his campaign will have to navigate through the election commission, the Supreme Court and the tribe’s president if he is to remain on the ballot.

“This legislation does not take the fluency off – it’s still required for the candidates of the Navajo Nation president and vice president,” said Council Delegate Danny Simpson. “This whole legislation is to protect the voting rights of our Navajo people and to let them decide who’s going to be their leader.”

First, Navajo President Ben Shelly will have ten days to approve the council’s ruling on the language requirements.

The Navajo Election Commission is sitting on the Supreme Court’s writ of mandamus that postponed the elections and called for ballots to be re-printed, and has yet to act on any of the Supreme Court’s orders since Friday’s ruling, if signed by Shelly, could effectively block the court’s decision. Requests for comment from the election commission have gone unreturned.

Absentee ballots with Deschene and Joe Shirley Jr., the two candidates who received the most votes in a primary earlier this year, have already been sent to some voters, and some Navajos have already voted.

“They have the right to protect their vote,” Deschene told KOB. “That’s one of the things I’ve been saying.’Honor our Voice,’ and our voice has been casted at the ballot box. They have the right to bring a complaint, a lawsuit, a legal action on their own merits [in order] to protect their own rights.”

According to The Associated Press, an attorney representing a group of Navajos who support Deschene said a general election can be postponed before it begins, but not halted once Navajos have casted ballots. It’s unclear if the Supreme Court’s ruling would overrule this law.

“We respect the process, but I also know that I have some rights and that those are strengthened, especially if the president signs new legislation that changes essentially the fact pattern,” Deschene said.

If the Supreme Court’s ruling is upheld, Russell Begaye, who was third in the primary, would replace Deschene on the presidential ballot.

The council’s ruling Friday morning also would put the decision of whether or not a presidential candidate is fluent in voters’ hands.

According to a release from the council, the amended language says, “Language proficiency shall be determined by the People voting in favor of the person upon the right and freedom of the Diné to choose their leaders.”

Council Delegate Leonard Tsosie argued during the session early Friday morning that the language requirement legislation “was necessary to avoid disenfranchising voters who have already submitted their ballots, particularly those who voted for presidential candidate Chris Deschene.”

“The main thing is just we thank the people’s interest. We know this is important. I know that the best thing is language, and preservation is critical to our people, and that I’ve always been there to advocate for that,” Deschene said.

“I’ve never advocated for the removal of it. I think that the legislation that was passed last night not only protects the language, because it doesn’t remove anything. It protects the voters and incorporates fundamental law, and it defines a standard that says the people have the right to choose their leadership in the election.”

The council is scheduled to continue meetings through Friday. Speaker Pro Tem LoRenzo Bates said in the release following Friday’s decision that the Navajo Nation “understands and respects the many differing views on the language fluency issue,” and asked the public to “remain respectful at this time as the circumstances play out.”

The Navajo Nation Council will discuss legislation proposed earlier this week that would change the laws requiring people who hold office to speak Navajo fluently next week during the Navajo Nation fall council meetings.

The legislation would try and remove language fluency requirements in the Navajo Nation Election Code for the nation’s president, vice president, council delegates, land board members, farm board members and district grazing committee members.

The legislation comes on the heels of a spat between potential Navajo Nation presidential candidates, who have attacked candidate Chris Deschene for not being able to “fluently” speak Navajo.

The Navajo Elections Board of Supervisors ruled 7-1 Monday that Deschene will be allowed on the ballot despite the challenges.

Oct. 21 will be the first day the council will discuss the proposed legislation. If approved, the measure will be sent to the president for authorization. If he doesn’t sign the measure, the council could override his veto.

It is still unclear how the measure would affect this November’s ballot if the measure is not passed, since the elections board already approved Deschene to be on the ballot.

There is also still an outstanding court case filed by several of Deschene’s opponents that could affect whether or not his name is on the ballot if the measure is not passed.

Read the original measure here, and Wednesday’s memo announcing the council’s decision to act on the measure here.

A Navajo Nation Council Delegate has introduced legislation that will try and remove language fluency requirements in the Navajo Nation Election Code for the nation’s president, vice president, council delegates, land board members, farm board members and district grazing committee members.

The legislation will be eligible for committee action on Oct. 19. The public will be able to submit comments during a five-day comment period.

The legislation comes on the heels of a spat between potential Navajo Nation presidential candidates, who have attacked candidate Chris Deschene for not being able to “fluently” speak Navajo.

However, the Navajo Elections Board of Supervisors ruled 7-1 Monday that Deschene will be allowed on the ballot despite the challenges.

To view the legislation in whole, click here.