Navajo Council now on Legislation 0278-14: Relating to Law and Order, Naabik’iyati’ and the Navajo Nation Council; Amending 11 N.N.C. §26 by Authorizing the Navajo Board of Election Supervisors to Prorate Filing Fees for Elective Positions Filled by Appointment (Sponsor: Honorable Alton Joe Shepherd)
COUNCIL DELEGATE ALTON SHEPHERD
This legislation allows for apointment and i created this bill because one of my chapters had vacancy and filing fee required for person filling vacancy and this bill would allow for pro-rating of filing fee.
when election first drafted it was created to allow Election Board to pro rate filing fee but we re-drafted to waive filing fee for individuals being appointed to fill vacancies.
COUNCIL DELEGATE LEONARD TSOSIE
i think that pple voted on rates and now changing. my thinking is that if pple voted then it is locked in which is also a reason for what we give to pple for referendum. So do we have authority to amend? Secondly, I was asked Delegate Tso if he paid filing fee and he said that the filing fee was pro rated. Is the Election Office just doing what they want? And why are the individuals appointed to fill a vacancy even having to pay since the entire filing fee was initially paid.
COUNCIL DELEGATE SHEPHERD
The question by Tsosie about language was decided by Law & Order Committee, which recommended that the original language be kept. The funds from the filing fees are also deposited into the general fund.
NAVAJO ELECTION ADMINISTRATION DIRECTOR EDISON WAUNEKA
every time position filled then filing fee must be paid. and yes, it was the people that voted for the payment of filing fees and so any changes to filing fee should be done by referendum. The Election Board voted to pro rate filing fee and i believe they did that according to Navajo law. The two delegates that filled the two vacant positions on the council Paid a pro rated $125 filing fee. (The two Delegates are Roland Tso and Leonard Haskie)
COUNCIL DELEGATE RUSSELL BEGAYE
a recommendation from Naabik’iyati Committee is that vacancies would not longer require a special election because the vacancies would be filled by appointment.
COUNCIL DELEGATE LEONARD TSOSIE
sounds like Election Board decided to pro rate, like Supreme Court Chief Justice, who created laws for new election. And Mr. Wauneka you shouldn’t “shake down” Mr. Tso and Mr. Haskie. The filing fee was paid by the individuals that Tso and Haskie replaced. Mr. Wuankea should replay Tso and Haskie.
COUNCIL DELEGATE PHELPS
I’m concerned that there is no provision/supporting resolution from Election Board about amending Filing Fee rules so what we are approving here is not just pro rate but sanctioning rules and regs and giving them opportunity to change and return to Council with those changes. Otherwise we are just giving keys.
COUNCIL DELEGATE LORENZO CURLEY
This legislation is addressing real problems that we are facing. we are using a lot of hot air to debate non-problem. i have not heard how this legislation is addressing a real problem. we are just addressing distraction. People are here to address real problems and not distraction. Like Delegate Tsosie said, there are rules and regs to address and we are just adding another layer of red tape.
COUNCIL DELEGATE LEONARD PETE
to file for vacancy, the fee should be small, like $25. I would support that.
COUNCIL DELEGATE DANNY SIMPSON
I agree that the appointment to fill a vacancy should not have filing fee.
ELECTION OFFICE DIRECTOR WAUNEKA
The filing fees were established by referendum vote of the people. we are not changing the amounts of filing fees but when there is a vacancy.
COUNCIL VOTING ON 0278-14, 13 in favor, 6 opposed
