Oljato Chapter Election resolved by random lot

WINDOW ROCK, Ariz. – The Navajo Nation Council’s Intergovernmental Relations Committee (IGRC) on Monday, March 5 selected Garry P. Holiday as Oljato Chapter President by random lot, deciding a tie-vote that resulted after the Feb. 13, 2001 Chapter Election.

On Feb. 13, 2001, both Mr. Holiday and James Black each received 106 votes for the position of Oljato Chapter President. The results of the Feb. 13, 2001 election were certified by the IGRC on Feb. 26, by adoption of Resolution IGRF-55-01.

The current language of the Navajo Election Code at 11 NNC §87 provides for the determination of the election by random lot, in the event of a tie vote in a chapter or general election. According to the law, both candidates must be present at the time of the drawing of the random lot. At that time, a manual recount of the votes takes place and is recorded. Thereafter, a random lot selection occurs. In this case, a coin toss was selected.

Mr. Holiday replaces former Chapter President Walter Atene.

At Monday’s IGRC meeting, Mr. Holiday and Mr. Black each addressed the committee briefly to state their opposition to the random lot provision.

“The manner in which this random lot is taking place bothers me,” Mr. Holiday said. “Deciding this vote by the toss of a coin doesn’t seem right. There are many in my community who would say they want instead to participate in a run-off election. I feel like the rights of our people to vote cannot be given to chance by the flip of a coin.”

Mr. Holiday said he believed there is a great difference between himself and Mr. Black and that his community should determine its leader with a run-off election.

“We cannot determine the destiny of our community by chance,” he said.

Candidate James Black also expressed concern that a coin toss would decide whether he would take office.

“This is my first time running for an office like this and I never expected to go this far,” Mr. Black said. “I never even expected to have a quarter flipped for me to decide if I take office.”

Delegate Ervin M. Keeswood, Sr. (Hogback) encouraged the candidates to give the process a chance. He explained that the Council makes every attempt to ensure that fair elections are held.

“In every election, candidates take a chance which is what we are doing in this process,” Delegate Keeswood said.

Delegate George Tolth (Baca/Prewitt/Casamero Lake) said the election results show that the Oljato community has equal confidence in both candidates.

“Either way, the community of Oljato is not going to lose,” Delegate Tolth said.

Navajo Election Administration officials pointed out that deciding a tie vote by random lot is a common practice. According to information provided by the Secretaries of State of Arizona and New Mexico, if two or more candidates receive an equal number of votes for the same office, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected.

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