Hopis contest election

By Kathy Helms
Staff Writer

KYKOTSMOVI — Several Hopi Tribal Council representatives and supporters who signed the candidacy petition of newly elected Chairman Benjamin Nuvamsa now are contesting the Feb. 7 election.

Saying they must uphold the Hopi Constitution, petition signers Jerry Sekayumptewa Sr. and Leon Koruh of Second Mesa; Clifford B. Qotsaquahu and Caleb Johnson of Kykotsmovi, and John C. Poleahla Sr. of First Mesa are challenging the election based on the residency requirement stated in the Constitution.

Sekayumptewa said Monday that there are four requirements for the chairmanship: One must be 25 years of age, speak fluent Hopi, be an enrolled member of the Hopi Tribe, and "must have lived on the Hopi Reservation for not less than two years immediately preceding his announcement of such candidacy.

"And that, in our opinion, Mr. Benjamin H. Nuvamsa did not fulfill," Sekayumptewa said. "He must have lived on the Hopi Reservation. As far as we know, he lived in Pinetop-Lakeside."

The group is asking that the election of Nuvamsa be declared null and void and that new elections be scheduled. In doing so, "We are upholding the Constitution that we took an oath to uphold," Sekayumptewa said.

Leon Koruh said he and Sekayumptewa signed Nuvamsa's petition. "Jerry had asked him right before signing his petition if he had met the requirements. He said yes.

"So our understanding was that he would provide some kind of documents that could affirm that he does have that covered. But he never provided all that. Therefore, I think he deceived us in doing that myself and my brothers and Jerry also. So that's where we are now."

John Poleahla said the Hopi Constitution should not be abused. "It is to be respected as a reminding of the real elderly leaders who initiated this Constitution way back in 1936."

Documents questioned
According to Qotsaquahu, the key issue for Nuvamsa is, "Where have you lived for the last two years?"

"With the documents that we have discovered and that were presented to us, he had to establish residence out here, full-time residence, by Jan. 8, 2005," Qotsaquahu said.

"From that point on, if he lived here after that, then that would constitute two years. But we have invoices that are dated in between there, and the only thing he presented was one utility bill for 2004.

"All of these documents, understandably, are what's prescribed in the ordinance. But that does not prove that he has lived out here physically, full time, not transitory, not for economic purposes, not migratory but full time for two years."

Quotsaquahu said Nuvamsa is very knowledgeable of the 638 process and has been working with some of the villages. "That's where he has gained his greatest support," he said.

"But also on his invoices he has claimed mileage from the Hopi Reservation Hotevilla, Polacca back to Pinetop. And then for areas outside the reservation, he has claimed mileage from Pinetop to Albuquerque, Flagstaff and Phoenix so apparently that's (Pinetop) his home."

Qotsaquahu said the question of "Where have you lived physically for the last two years?" was never answered by Nuvamsa.

"He skirted the issue and said, 'I've lived here and there, and over there.' That doesn't tell us anything," Qotsaquahu said. "He claims he had lived at Hotevilla with his mother-in-law and lived at Shungopavi with his parents.

"All of us Hopis know that our mother's home here on Hopi will always be our traditional and customary home. He alluded to that in his statement, saying that the traditional customary belief does qualify him, that he is a resident of Hopi," Qotsaquahu said.

"But that itself is a traditional and customary knowledge. The physical part of where he has lived for the last two years has not been answered."

No choice
Qotsaquahu, one of Nuvamsa's supporters who encouraged him to run for Chairman, said, "Even though I feel that Bennie was an excellent candidate with excellent experience and credentials coming in, there are principled reasons" for the election challenge.

"This is not a performance issue. We must uphold the Constitution. We don't have a choice. We don't have the luxury of that choice. There's no in-between. It's either yes or no," he said.

Caleb Johnson said that just one day prior to a Jan. 9 interview, Nuvamsa was issued a new Arizona Driver License with a Hotevilla address on Jan. 8.

A copy of the new license was obtained by the challengers from the Election Board.

Johnson said, "My question was why did he have to change his driver's license the day before he was to be interviewed. We have been looking for that driver's license that he previously had."

According to Johnson, the Hopi Election Board also did not do its duty.

"There's a court decision that specifies the burden of proof of whether a person is qualified is on the Election Board because the court did not want to have the burden of proof placed upon the one that is complaining.

"I think in this particular case, the Election Board did not meet the burden of proof because they did not ask for his former driver's license. They didn't ask for current utility bills, which they should have. They just kind of looked at that and then certified him."

Johnson said that when the challenges came before the Election Board, the tribal attorney made the argument that the Election Board had met its requirements by following the prescribed procedures of the ordinance and therefore that their decision was the correct decision.

"The only time that this does not carry is when the court decides against the Election Board during a court challenge," Johnson said, "which happened in my case back in 1991, I think it was, when the Election Board decided that I did not reside on the Hopi Reservation.

"But at that time my father had willed me a home back in 1989, so I did have a home. The only question was 'How much time do you spend on the reservation?'

"My attorneys were able to convince the judge that I spent the majority of time on the reservation. The court then ordered them to put me back on the ballot," Johnson said.

The only time the Election Board will correct a deficiency, he said, is if the court rules against them. "Otherwise, they will not. They will just simply uphold their decision."

Johnson said that when a new driver's license is issued, usually the Department of Motor Vehicles will just punch a hole in the old license and give it back to you.

"So he should have that in his possession," Johnson said. "The Election Board, in my opinion, should have asked for that. Then they would have seen his address."