Navajo Nation Files Second Lawsuit Against Apache County to Protect Navajo Voting Rights

Voters initially had until 5 p.m. on Sunday, Nov. 10, to resolve signature issues, but on Nov. 9, the Navajo Nation Department of Justice discovered that Apache County had halted early ballot processing from Nov. 6 to Nov. 8. Additionally, 143 Navajo ballots required signature verification, and as of 5:20 p.m. on Nov. 9, Apache County still had 900 unprocessed early ballots.

With just 48 hours to notify affected voters and allow them to cure their ballots, many encountered barriers such as limited cell service, restricted internet access, and long travel distances to the Apache County Recorder’s Office in St. Johns. The compressed timeline made it challenging for voters to receive timely notice and take necessary action.

"The Navajo people’s voice and vote are powerful," said Council Delegate Carl R. Slater, who volunteered as a poll observer in Apache County during the General Election. "We have the power to influence local, state, and national elections. When our voices are silenced through delays or disenfranchisement, it weakens not only our tribe but the strength of the Native vote as a whole, and we will not stand for it."

In addition to these delays, many Navajo voters struggled to reach the Recorder’s Office during the election. By the afternoon of Nov. 9, the Arizona Secretary of State’s website still indicated that their ballots had not been received by Apache County, prompting numerous calls to confirm their votes were counted.

Although volunteer efforts on Nov. 10 helped 21 voters resolve ballot issues, around 40 reported not being notified of their signature discrepancies.

To secure more time for Navajo voters to cure signature inconsistencies, the Navajo Nation filed an amicus brief on Sunday, Nov. 10, in support of a case brought by the ACLU and the League of United Latin American Citizens. This case, filed in the Arizona Supreme Court, sought to extend the deadline for curing ballots beyond Nov. 10, as over 250,000 ballots statewide remained unprocessed as of Nov. 8. However, the Arizona Supreme Court declined the extension.

Following this decision, the Navajo Nation filed its own lawsuit on Nov. 12, requesting that Apache County delay certifying election results until Navajo voters receive adequate notice and time to address any signature issues on their ballots.