WINDOW ROCK, Ariz. — The Navajo Nation Department of Justice filed a second lawsuit against Apache County regarding the 2024 General Election.
On Election Day, voters in Apache County and Navajo Nation reported numerous problems, including too few printed ballots, technical issues and many ballots being printed incorrectly or with missing information.
According to Patty Ferguson-Bohnee, an attorney at Sacks Tierney and the Director of the Indian Legal Clinic and Clinical Professor of Law at the Sandra Day O'Connor College of Law, who spoke with 12News on Election Day regarding the issues many Navajo voters faced, some voters waited multiple hours, and some elders were unable to cast their ballot even with the extended hours.
While the first lawsuit the Navajo Nation DOJ filed was successful in its effort to keep nine polling locations open two additional hours on Election Day, the Apache County Board of Arizona opposed keeping the polling places open, Ferguson-Bohnee said.
The second lawsuit, filed Nov. 12, seeks a temporary restraining order preventing Apache County from certifying the results of the 2024 election until Navajo voters are given additional time to cure inconsistent signatures on their early ballots, according to a news release.
Voters had until 5 p.m. on Nov. 10 to cure, which is the process by which voters are able to fix issues, with their mail-in ballots. But late on Nov. 9, the Navajo Nation DOJ learned that Apache County had stopped the processing of early ballots from Nov. 6 to Nov. 8, the news release claims.
According to the news release, at least 143 Navajo voters had inconsistent signatures on their early ballots that needed to be cured, and as of Nov. 10 at 5:20 p.m., 900 early ballots still needed to be processed.
The lawsuit the Navajo Nation DOJ filed states that Apache County had approximately 48 hours, at a minimum, to let at least 143 Navajo voters of their inconsistent signatures and allow those voters enough time to cure their signatures. To cure a signature, one must call or drive to the Apache County Recorder's Office in St. Johns, which is approximately 100 miles away from Window Rock, or about an hour and a half to two hours drive away.
The news release states that 48 hours is not enough time to give "meaningful notice" or "an opportunity" for Navajo voters to cure their ballots for "a myriad of reasons," including inconsistent cell and internet service on the Navajo Reservation, high usage of P.O. boxes and the driving distance to the recorder's office.
“Apache County’s delay in processing early ballots disenfranchised Navajo voters and that is unacceptable. I am hopeful for a positive outcome in the Nation’s suit against Apache County,” said Crystalyne Curley, Speaker for the 25th Navajo Nation Council, in a news release.
It was also difficult to reach the Apache County Recorder's Office during the week of the 2024 General Election, the news release states. 12News called the recorder's office multiple times and received no response.
“By mid-afternoon on November 9, the Arizona Secretary of State’s website said my ballot still had not been received by Apache County and I had to call Apache County multiple times that day just to get confirmation that my ballot was received and would be counted,” Attorney General Ethel Branch, an Apache County voter, shared in the news release.
The lawsuit filed by the Navajo Nation comes after the Arizona Supreme Court declined to extend the ballot curing deadline statewide on Monday.
“We will continue to hold Apache County accountable for any disenfranchisement of Navajo voters. The Navajo voice and vote matter and should be counted," Branch said.
You can now watch 12News content anytime, anywhere thanks to the 12News+ app!
The free 12News+ app from 12News lets users stream live events — including daily newscasts like "Today in AZ" and "12 News" and our daily lifestyle program, "Arizona Midday"—on Roku and Amazon Fire TV.
12News+ showcases live video throughout the day for breaking news, local news, weather and even an occasional moment of Zen showcasing breathtaking sights from across Arizona.
Users can also watch on-demand videos of top stories, local politics, I-Team investigations, Arizona-specific features and vintage videos from the 12News archives.
Roku: Add the channel from the Roku store or by searching for "12 News KPNX."
Amazon Fire TV: Search for "12 News KPNX" to find the free 12News+ app to add to your account, or have the 12News+ app delivered directly to your Amazon Fire TV through Amazon.com or the Amazon app.
Decision 2024
Track all of our current updates with the upcoming elections in Arizona on our 12News YouTube channel. Subscribe for updates on all of our new uploads.
