Leader of Navajo Nation disqualified as candidate for tribal presidency

By Felicia Fonseca, AP
Thursday, May 27, 2010

Navajo president disqualified in re-election bid

FLAGSTAFF, Ariz. — Navajo President Joe Shirley Jr. faces a new challenge in his bid to seek an unprecedented third consecutive term, with tribal election officials disqualifying him from the race.

The Navajo Election Administration cited tribal law limiting presidents to two consecutive four-year terms in disqualifying Shirley from the race.

“There’s no other explanation to it,” said Johnny Thompson of the election administration.

Shirley has said the term limit is unjust and he would challenge it, arguing that the Navajo people should decide who they want as their leader. He has 10 days to appeal the election administration’s decision.

Another candidate in the race, Jerry Todacheene of Shiprock, N.M., already has contested Shirley’s bid, saying the president is violating Navajo law and he should know better than to seek a third term.

No other election office on the Navajo Nation has term limits. Shirley’s attorney, David Jordan, said Thursday that the tribe’s Supreme Court has ruled in favor of other candidates who have been disqualified from running for the office.

That includes Vern Lee, who successfully challenged a decision by the election administration to disqualify him four years ago for not meeting residency requirements.

“It’s going to be our position that a term limit is an arbitrary removal of somebody’s liberty without due process and without any reasonable governmental interest in term limits,” Jordan said. “It’s noticeable that none of the council delegates have term limits.”

Shirley served on the Tribal Council when it restructured the government under three branches, creating the tribal presidency and later enacting the two-term limit.

The challenges to Shirley’s candidacy likely will end up in the tribe’s Supreme Court.

A dozen candidates are seeking the tribe’s presidency. The primary election is scheduled for Aug. 3, and the general election for Nov. 2.

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