13 Am. Tribal Law 486
Navajo Nation Supreme Court2016Background
- Special election held June 28, 2016 to fill a Navajo Nation Council vacancy; Steven Begay received the most votes.
- Begay disclosed on his April 27, 2016 candidacy form that he was in permanent federal employment (Gallup Indian Medical Center).
- Navajo Election Administration (NEA) determined Begay ineligible under 11 N.N.C. § 8(B)(11) (prohibiting candidates in permanent federal/state employment).
- Begay and NEA entered a stipulation allowing Begay to remain a candidate provided he would resign federal employment before taking the oath; OHA approved and declared Begay "eligible."
- Theresa Beeenti‑Aguilar filed a post‑election grievance challenging Begay’s eligibility; OHA’s Final Order allowed Begay to take office.
- Supreme Court reviews OHA’s legal conclusions de novo, reverses OHA, and remands for disposition consistent with statutory qualifications and vacancy procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OHA may allow a candidate to run after NEA found the candidate ineligible under 11 N.N.C. § 8(B)(11) | Beeenti‑Aguilar: OHA may not enable an ineligible candidate to run; statutory qualifications are mandatory at filing. | Begay/NEA: OHA can accept stipulations (and Wagner permits post‑filing remedies); candidate can run if they agree to resign if elected. | OHA lacked authority to permit an ineligible candidate to run; Election Code’s "shall" language makes disqualification mandatory at filing. |
| Whether Wagner v. Tsosie supports allowing disqualified candidates to run with post‑election choices | Beeenti‑Aguilar: Wagner does not authorize circumventing eligibility requirements at filing. | Begay: Wagner allegedly allowed choice to resign later and therefore supports OHA’s action. | Wagner was misread by Begay/NEA; Wagner did not hold qualifications could be deferred until oath. |
| Whether petitioner may raise constitutional equal protection and ballot‑access challenges for the first time on appeal | Beeenti‑Aguilar: (did not advance) | Begay: Challenges § 8(B)(11) as unreasonable and unequal restriction on voters’ choice. | Court refuses to entertain new constitutional arguments raised first on appeal; leaves legislative amendment to Council. |
| Appropriate remedy/remand | Beeenti‑Aguilar: Election void if ineligible candidate prevailed; enforce mandatory qualifications. | Begay/NEA: (sought validation of election via stipulation) | Court holds election of an ineligible candidate is void ab initio; remands to OHA to proceed under vacancy/replacement provisions of the Election Code. |
Key Cases Cited
- In re Grievance of Wagner, 7 Am. Tribal Law 528 (Nav.Sup.Ct.) (discusses OHA authority and limits on invalidating elections)
- Tsosie v. Deschene, 12 Am. Tribal Law 55 (Nav.Sup.Ct.) (qualifications in 11 N.N.C. § 8 are prerequisites for filing candidacy)
- Haskie v. Navajo Board of Elections, 6 Nav. R. 336 (Nav.Sup.Ct.) (distinguishes pre‑ and post‑election challenges; statutes mandatory pre‑election, directory post‑election)