Secatero v. Navajo Board of Election Supervisors

6 Navajo Rptr. 385
CourtNavajo Nation Supreme Court
DecidedMay 6, 1991
DocketNo. A-CV-03-91
StatusPublished

This text of 6 Navajo Rptr. 385 (Secatero v. Navajo Board of Election Supervisors) is published on Counsel Stack Legal Research, covering Navajo Nation Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Secatero v. Navajo Board of Election Supervisors, 6 Navajo Rptr. 385 (navajo 1991).

Opinion

OPINION

Opinion delivered by

Austin, Associate Justice.

This is an appeal by Leon Secatero, Joe Werito, and Joe D. Sandoval (appellants) from the January 24, 1991 joint summary dismissal of their Statements of Grievance (Statements) by the Navajo Board of Election Supervisors (Board). The appellants claim that because they alleged sufficient irregularities in the conduct of their recall elections, it was improper for the Board to dismiss their Statements without a hearing. They ask the Court to reverse the Board’s dismissal.

I

Appellants Secatero, Werito, and Sandoval were the president, vice president, and a land board member, respectively, of the Canoncito Chapter of the Navajo Nation. In July 1990, affidavits of intent to petition for the appellants’ recall were filed with the Board. Subsequently, in August 1990, completed recall petitions were submitted to the Board, and those petitions were certified by the Board on October 11, 1990. The appellants unsuccessfully challenged that certification, first to the Board, which summarily dismissed their Statements, and then to this Court, which dismissed their combined appeal as untimely.

A recall election was held on November 20, 1990, in tandem with the special election for Navajo Nation president. The Canoncito electorate voted to recall all three appellants, who then challenged the recall election before the Board. On December 13, 1990, the Board held a hearing on the appellants’ Statements and decided not to certify the results of the November 20, 1990 election because the pictures of the appellants were not inchided on the ballot, as required by the Election Code, 11 N.T.C. § 5(A). The Board scheduled a second recall election on January 8, 1991. That election was held without further protest from the [386]*386appellants and the electorate again voted to put the appellants out of office.

The appellants filed the Statements which are the basis for this appeal on January 18, 1991. Those Statements complained that, with the authorization of Navajo Election Administration (NEA) staff members, Canoncito residents who favored the recall of appellants altered “Official Sample Ballots” by adding false, misleading, or unproven allegations about the appellants and then photocopied the altered sample ballots and distributed them throughout the area just days before the second recall election. The appellants claimed that the Board failed in its educational and supervisory functions, and thus violated the Election Code.1

Additionally, the appellants alleged that their rights under the Indian Civil Rights Act, 25 U.S.C. § 1302 (1968), and the Navajo Nation Bill of Rights, 1 N.T.C. §§ 1-9 (1986), were violated, because the Board allowed ballots that were purported to be official to be disseminated with false, misleading, and unproven statements on them. These violations — of the Election Code and of the appellants’ civil rights — resulted in an unfair election, the appellants alleged.

The Board reviewed the appellants’ Statements en masse at its January 24, 1991 meeting. After Secatero’s Statement was read in full, the Board was told that the other two Statements were essentially identical and they were accepted as exhibits. Board Meeting Transcript at 12-20 (January 24, 1991). Board Chairman, Paul Redhouse, then advised that:

[T]he basic contention and question is the people reproducing official informitory [sic] cards, pamphlets, leaflets, fliers, giving information of forthcoming election, can that such material be — shall certification of an election after such has happened be not certified because of public defacing or misusing those literatures and also the question in allowing election staff giving the green light to reproduce them — seem to be basically the contention.

Transcript at 20. Immediately thereafter, upon the motion of Board member Edison Wauneka, the Board went into executive session in order that the Board might be “update[d] ... on certain information that we have.” Id.

An unspecified amount of time later, the Board resumed its open session and voted unanimously to dismiss appellants’ Statements without further proceedings. Two members of the Board explained the Board’s decision to dismiss. Stanley Milford commented that “the Board itself and the staff doesn’t have the money or the capacity to guard every little poster in public places....” Id. Board member Robert Salabye expanded on the explanation, saying that:

[I]n our inquiries to the grievance we talked to the staff about authorization of copying sample ballots, it was authorized by Acting Director Bessie and that person requesting such copying was all in concert that all the copying was to facilitate and to promote the voter turnout.. . and that when such authorizations were given that the ballot, the sample ballot was unmarked and that they were posted in the public unmarked in any way whatsoever. That’s the posi[387]*387tion that this Board is also taking that these sample ballots were posted for public’s use, unmarked in any way whatsoever ... that the Board does not support defacing ballots and that this Board didn’t authorize any defacing of ballots and that this Board didn’t support any additional use of the ballots....

Id.

Written confirmation of the Board’s decision to dismiss was sent to the appellants on January 25, 1991, telling them that their complaints (Statements of Grievance) had been “determined to be insufficient under the Election Code.” Letters to the appellants from Wauneka (January 25, 1991).

The appellants filed a timely joint appeal from the Board’s summary dismissal.

II

The appellants raised a myriad of issues and sub-issues in their Statements. Likewise, their brief to this Court contains many related and unrelated complaints. However, the only issue this Court must decide is whether the Board abused its discretion when it summarily dismissed the appellants’ Statements of Grievance.

Ill

Review of the Board’s decision in this case is limited: This Court has authority only to determine whether that decision was supported by “sufficient evidence on the record.” 11 N.T.C. § 321(B)(4) (1990). This Court, then, cannot determine whether the various claims of the appellants are supported by the facts; nor can it decide whether the recall election was irregular and should be invalidated, as the appellants request. Rather, the sole question before this Court is whether the Board properly determined that the appellants’ Statements of Grievance, on their faces, were insufficient for further proceedings.

At the outset we address the seeming disparity between the directory and mandatory nature of Election Code provisions following an election. In Johnson v. June, 4 Nav. R. 79 (1983), the Court of Appeals held that “[ajfter an election, election provisions are to be seen as directions unless the violations obstructed a free and intelligent vote, affected an essential element of a valid election or an omission of a direction voids the election.” 4 Nav. R. at 82. However, in Mustach v. Navajo Board of Election Supervisors, 5 Nav. R.

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Related

Constitutional rights
25 U.S.C. § 1302

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Bluebook (online)
6 Navajo Rptr. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/secatero-v-navajo-board-of-election-supervisors-navajo-1991.