Navajo Council now on Legislation 0341-14, which would nullify August 2014 Primary Election so a new 2015 Primary Election could be held followed by a 2015 General Election.

DELEGATE DWIGHT WITHERSPOON
qualifications in amendment not stated. and requirements regarding filing fees shall be waived for candidates so if waiving then does that require 16 votes?

DELEGATE LEONARD TSOSIE
page 3 that is where qualification established and that will be deleted and then qualification will be based on what exists during new primary and general elections and that language had to be inserted because legislation that Council passed on Dec. 23, 2015, is still sitting on President shelly’s desk.

and the waiver of election law, i believe, does not require 16 votes.

DELEGATE DWIGHT WITHERSPOON
i’d like to ask attorneys to answer if 16 votes are needed to waive election law regarding filing fees.

DELEGATE WALTER PHELPS
last week, the council waived provisions in Title 11 and I don’t know if president has signed or considered that legislation. However, this question to Navajo Justice Department and Chief Legislative Counsel, in Title 11 there is provision about declaring vacancy and that would happen on Jan. 13, 2015, that vacancy declared for president and vice president and that a special election would have to happen in 60 days and so would 0341-14 comply with that part of election law.

DELEGATE LEONARD TSOSIE, SPONSOR
at line 10 says 0341-14 would be retroactive to 2014 election so ask Delegate Simpson, who is making amendment to make that amendment.

CHIEF LEGISLATIVE COUNSEL LEVON HENRY
PAGE 4 OF 8, LINE 10, reqirement saying filing fees not be waived and this Title 11 provision so doesn’t need 16 “yes” votes. but Council should consider that waiver not waiver because candidates already paid filing fee. (NOTE – Its interesting that

DEPUTY ATTORNEY GENERAL DANA BOBROFF
DOJ concurs with legislative counsel since no special majority for waivers but like way legislative said that candidates already paid fee. Question from Delegate Phelps, the department of justice issued opinion that differs from legislative counsel on how succession happens. and i recused myself from that memo so i can’t speak on memo.

DELEGATE WITHERSPOON
on page 4, you have on line 5, DEc. 19, 2014, general election. and 0341-14 has timeline but not provided so ask legislative staff to read timeline.

LEGISLATIVE SERVICES DIRECTOR TOM PLATERO
March 3, 2015, candidates filing opens
April 3, 2015, filing deadline
June 2, 2015, Primary Election
Aug. 4, 2015, General Election

DELEGATE WALTER PHELPS
i need clarification if council approves then will there be new election board or election board reinstated to insure that primary and general election.

DELEGATE LEONARD TSOSIE
there is no election board because of what Supreme Court did but if Council approves next legislation then there would be election board but if council doesn’t pass then election office would hold elections. either way it’s covered. quick side note, INSERT Aug. 4, 2015, for General Election.

DELEGATE DWIGHT WITHERSPOON
Since the special elections are being pushed way into 2015, perhaps the new Council should act on 0341-14?

DELEGATE WALTER PHELPS
my constituents also have concerns and questions about elections and I thank Delegate Tsosie for bringing this legislation and perhaps it will provide healing.

VOTE ON AMENDMENT 1, WHICH STATES ELECTION DATES FOR NEW PRIMARY AND GENERAL ELECTION FOR PRESIDENT ONLY, 13 IN FAVOR, 0 OPPOSED