Navajo Nation Election 2022

Tracking updates and information for the 2022 Navajo Nation elections.

Election Code

Whenever a democratic election is held, there is a group or organization that is charged with carrying out all parts of the election in a fair and honest way. On the Navajo Nation, the Navajo Election Administration (NEA) is the entity responsible for conducting elections for political office.

Furthermore, the entity responsible for giving the administration direction and for providing oversight is the group of elected officials serving on the Navajo Nation Board of Election Supervisors (NBOES).

The duties, responsibilities, authority, and purpose of the election administration and the election board is established through the Navajo Nation Code (previously called the Navajo Tribal Code), specifically the Navajo Election Code spelled out in Title 11. The Code delegates that power through the Navajo Nation Council, as approved by the Council.

Title 11 of the Navajo Nation Code

Title 11 “Elections” of the Navajo Nation Code has handled election matters since the first edition of the code, published in 1962 under Navajo Tribal Chairman Paul Jones.

In significant disputes and court cases, certain parts of the Code have been altered or restricted, so a strict reading of the Code is not enough. In practice, the Code almost always requires additional case review to see if parts of the law were stricken but not yet incorporated through Council resolution.

No updates to the Navajo Election Code (Title 11) of the Navajo Nation Code have been made readily available nor easily accessible by the Navajo Nation Government since the 2010 annotated edition of the Code. Here’s Title 11 excerpted:

NOTE: NavajoNation.Vote provides this information free of guarantees and in the interest of public access.

By working forward from 2010 and tracking all the amendments to Title 11 in sequence that became law, a current understanding of the Navajo Election Code can be produced.

Amendments (changes) to the Navajo Nation Code, Title 11 from 2010 to 2014 (via the Navajo Nation Council*):

  1. CAP-23-10
  2. CD-54-10
  3. CAP-12-11
  4. CAP-13-11
  5. CJA-01-12
  6. CJA-06-12
  7. CAP-24-12
  8. CMY-38-12
  9. CO-54-13
  10. CO-56-13
  11. CO-59-13
  12. CJA-02-14

* Resolution No. CO-41-11 is listed in the Council’s amending list but does not actually amend Title 11.

Changes to the Navajo Nation Code, Title 11 from 2015 to 2022 (via Diné Bibeehaz’áanii Binaaltsoos)

  1. CMY-17-15
  2. CJY-27-15
  3. CAP-28-17
  4. CN-79-18
  5. CD-87-18
  6. CO-38-19*
  7. CO-40-19*
  8. CO-44-19
  9. CJA-11-22

* Resolution No. CO-38-19 veto overridden by Resolution No. CD-50-19. Resolution No. CO-40-19 veto overridden by Resolution No. CD-51-19.

Combined amendments

So far as we know, the amendments to Title 11 above have resulted in 21 changes to the Navajo Election Code since 2010 (the latest published and freely available version of the Navajo Nation Code). Here are the sections that were amended, in sequence:

  • 11 NNC § 10 (April 22, 2010 through CAP-23-10.)
  • 11 NNC § 10 (December 22, 2010 through CD-54-10.)
  • 11 NNC § 10(A) (April 20, 2011 through CAP-12-11.)
  • 11 NNC § 10(A) (April 20, 2011 through CAP-13-11.)
  • 11 NNC § 3 (January 24, 2012 through CJA-01-12.)
  • 11 NNC §§ 2, 11, 22 (January 26, 2012 through CJA-06-12.)
  • 11 NNC §§ 123, 124, 125 (April 17, 2012 through CAP-24-12.)
  • 11 NNC §§ 6, 8 (May 25, 2012 through CMY-38-12.)
  • 11 NNC § 282(A) (October 22, 2013 through CO-54-13.)
  • 11 NNC § 404(A) (October 22, 2013 through CO-56-13.)
  • 11 NNC §§ 121 - 128 (October 22, 2013 through CO-59-13. NOTE: Page 2 of legislation packet scan missing. Language inferred from later resolutions.)
  • 11 NNC §§ 8, 21, 240 (January 30, 2014 through CJA-02-14. NOTE: Uncertified version via NNC website.)
  • 11 NNC § 8 (May 19, 2015 through CMY-17-15. NOTE: Also amended was Title 2 Ethics law.)
  • 11 NNC § 6 (July 21, 2015 through CJY-27-15. NOTE: Also amended was Title 2 Office of the President and Vice-President.)
  • 11 NNC §§ 22, 23 (April 20, 2017 through CAP-28-17.)
  • 11 NNC § 241 (November 20, 2018 through CN-79-18.)
  • 11 NNC §§ 21, 23, 24, 240, 341, 342 (December 31, 2018 through CD-87-18.)
  • 11 NNC §§ 143, 161, 326 (October 23, 2019 through CO-38-19 & CD-50-19.)
  • 11 NNC §§ 240, 341 (October 23, 2019 through CO-40-19 & CD-51-19.)
  • 11 NNC § 3(C) (October 23, 2019 through CO-44-19.)
  • 11 NNC § 282(A) (January 27, 2022 through CJA-11-22.) If any other amendments are discovered, or are reported to NavajoNation.Vote, this list will be updated.

After incorporating the above changes, the Navajo Election Code consists of the following sections:

Title 11. Elections (2010 Navajo Nation Code Annotated with 2010-2022 amendments incorporated tracked by NavajoNation.Vote. Revised June 17 ’22.)

  • Chapter 1. Navajo Election Code of 1990
    • Subchapter 1. General Provisions
      • § 1. Application of Election Code
      • § 2. Definitions
      • § 3. Elections; election dates
      • § 4. Voting; number of votes
      • § 5. Ballots; official; sample
      • § 6. Terms of office; oath
      • § 7. Number of Terms
      • § 8. Qualifications for office
      • § 9. Apportionment
      • § 10. Election precincts; polling places; delegates
      • § 11. Composition of School Board; Apportionment for School Board Elections
      • § 12. Rules and Regulations
      • §§ 13 to 20. Reserved
    • Subchapter 2. Filing for Elections
      • § 21. Candidacy application
      • § 22. Time of filing
      • § 23. Review of Candidate Application; notice; appeals
      • § 24. Challenges; appeals
      • § 25. Unopposed candidates; candidate withdrawal
      • § 26. Filing Fee
      • § 27. Ballot picture
      • § 28. Filing; extensions
      • §§ 29 to 40. Reserved
    • Subchapter 3. Primary Elections
      • § 41. Primary elections; selection of candidates
      • § 42. No primary in special election; write-in candidacies not allowed
      • § 43. Selection of candidates for Office of Vice-President
      • § 44. Death, resignation or disqualification of candidate after primary election
      • § 45. Death, resignation, removal/disqualification after general election
      • §§ 46 to 60. Reserved
    • Subchapter 4. Reserved
      • §§ 61 to 80. Reserved
    • Subchapter 5. Conduct of Elections
      • § 81. Polling place supervision; appeal by person not allowed to vote
      • § 82. Voting hours
      • § 83. Counting of votes
      • § 84. Canvass of votes; recount
      • § 85. Certification of election; vote required for election
      • § 86. Appeal of disputed elections
      • § 87. Tie votes in a general election; determination by lot
      • §§ 88 to 100. Reserved
    • Subchapter 6. Reserved
      • §§ 101 to 120. Reserved
    • Subchapter 7. Absentee Voting
      • § 121. Purpose; rules and regulations
      • § 122. Absentee Ballot Application
      • § 123. Counting absentee ballots
      • §§ 124 to 139. Reserved
    • Subchapter 8. Vacancies
      • § 140. Vacancies
      • § 141. Vacancy in the Office of the Navajo Nation President/Vice President; succession
      • § 142. Forfeiture of office of Navajo local community school board members
    • Subchapter 9. Special Elections
      • § 143. Special elections for vacancies during first half of term
      • § 144. Temporary appointments pending special elections
      • § 145. Conduct of special elections
      • §§ 146 to 160. Reserved
    • Subchapter 10. Appointments
      • § 161. Appointments
      • § 162. Certification of Appointments
      • § 163. Challenges; appeals
    • Subchapter 11. Campaign Expenses; Contributions
      • § 201. Report of designated financial agent; filing; penalty
      • § 202. Statement of receipts and expenses; time of filing; preparation and distribution of forms
      • § 203. Failure to file statement of receipts and expenses; penalty
      • § 204. Report by persons not authorized to expend money for expenses of candidate's campaign; time of filing; form; penalty for failure or refusal to file
      • § 205. Limitation on expenditure by or on behalf of candidates; radio or television time
      • § 206. Penalty for exceeding campaign expenditure limit
      • § 207. Fraudulent reports; penalty
      • § 208. Filling vacancy in office due to disqualification
      • § 209. Contribution by corporations and nonmembers of Navajo Nation; penalty
      • §§ 210 to 220. Reserved
    • Subchapter 12. Reserved
      • §§ 221 to 239. Reserved
    • Subchapter 13. Removal of Officials; Placement of Officials on Administrative Leave; Recall; Filling Vacancy
      • § 240. Removal and placement on administrative leave
      • § 241. Officials subject to recall; recall affidavit; recall petition
      • § 242. Filing of petition; sufficiency
      • § 243. Petition challenges; hearings
      • § 244. Special recall elections; resignation; ballot
      • § 245. Officials pro tem
      • § 246. Limitation on recall petition
      • § 247. Ineligibility of removed official
      • §§ 248 to 260. Reserved
    • Subchapter 14. Reserved
      • §§ 261 to 280. Reserved
    • Subchapter 15. Voter Registration
      • § 281. Eligibility of voters; residency; change in voter registration
      • § 282. Registration form; appeal
      • § 283. Cancellation of registration
      • §§ 284 to 300. Reserved
    • Subchapter 16. Reserved
      • §§ 301 to 320. Reserved
    • Subchapter 17. Election Officials
      • § 321. Board of Election Supervisors—Powers and duties
      • § 322. Authority to make rules and regulations
      • § 323. Composition; election
      • § 324. Qualifications
      • § 325. Term of office
      • § 326. Vacancies within second half of term of office
      • § 327. Removal
      • § 328. Registrars; poll clerks; poll judges
      • §§ 329 to 340. Reserved
    • Subchapter 18. Administrative Election Code Complaints and Hearings
      • § 341. Office of Hearings and Appeals; election disputes; grievances
      • §§ 342 to 360. Reserved
    • Subchapter 19. Penal Provisions
      • § 361. Bribery of electors
      • § 362. Coercion of elector
      • § 363. Intimidation of Navajo employees by employer
      • § 364. Interference with or corruption of election officer
      • § 365. Violation of duty by election officers
      • § 366. Illegal registration or voting
      • § 367. Penalties
      • § 368. Severability
      • § 369. Effective date
      • § 370. Reserved
  • Chapter 2. Referendum/Initiative
    • § 401. Referendum/initiative matters, exemptions
    • § 402. General
    • § 403. Referendum measures referred by the Navajo Nation Council and Chapters
    • § 404. Initiatives by petition of registered voters
    • § 405. Notice of election on a referendum measure or initiatives
    • § 406. Vote required
    • § 407. Form of ballot
    • § 408. Conduct of elections
    • § 409. Effect of referendum/initiative elections

Contribute

To contribute to the latest version of the Navajo Nation Code - Title 11, find any mistakes or missing amendments and send them to: mail @ navajo nation . vote (no spaces).