Nuvamsa's residency challenged

By Stan Bindell
For The Independent

KYKOTSMOVI, Ariz. — The Hopi Tribal Council will have a special session at 9 a.m. Feb. 5 to decide whether Ben Nuvamsa meets the two year residency requirement for the office.

The general election is set for Feb. 7.

Nuvamsa won the Jan. 24 special election primary race for the Hopi chairman's job, but several of his opposing candidates are questioning whether he meets the two-year residency requirement.

The Hopi Constitution requires candidates for chairman to live on the Hopi Reservation for two years prior to entering the race.

Four Hopi councilmen signed a letter calling for the special session. A complaint has also been filed in the Hopi Court.

The four councilmen who called for the special session are Cliff Qotsaquahua of Bacavi, Jerry Sekayumptewa and Leon Koruh, both of Mishongnovi, and Caleb Johnson of Kykotsmovi.

Johnson, who was the last of the four to sign, said he would not discuss the matter since he is sitting on the council that will decide the issue.

Unpredictable
Johnson, who is in his 12th year on the council, said he has learned that no one can predict what the council will do on any issue.

"You don't know how the council will vote until the roll call is called," he said.

Nuvamsa responded that he heard about the upcoming hearing, but he had not been contacted to attend.

"I don't know why this is an issue because my residency has been determined and affirmed (by the Hopi Elections Board). They asked me the same questions as they asked the others," he said.

Nuvamsa said the "real issue" should be who has the best qualifications to run the tribe.

"That's what it's all about," he said.

Nuvamsa said he was wondering why the council was having a special session on this when the election is moving along.

"I'm not sure what they're questioning. Are they questioning the results of the election because then they're questioning the action taken by the voters. I'm not sure what the point is. There's such a thing as exhausting your remedies and I think they have done that," he said.

Selective inforcement?
Nuvamsa added that the action is selective enforcement because there was at least one other candidate who had questionable residency, but nobody questioned him because they knew he wouldn't finish toward the top.

Harry Nutumya, who manages an arts and crafts market in Kykotsmovi, grabbed second in the primary race with 168 votes. Dr. Alan Numkena, a chiropractor, finished third with 132 votes. There were 14 candidates in the race.

The special election was called when the Hopi Tribal Council ousted Ivan Sidney from the chairman's office. The top two vote-getters are supposed to move on to the Feb. 7 general election.

Chairmen candidates Hernal Dallas and Harold Joseph filed a complaint with the Hopi Court on Jan. 26. The complaint calls for the court to issue an injunction because allegedly Nuvamsa did not have proper residency, the Hopi Election Board did not follow the guidelines and having Nuvamsa in the race had a negative impact on the primary election.

Dallas said Wednesday that he was still waiting to hear from the Hopi Court.

Positioning
If the Hopi Court or the Hopi Tribal Council ruled Nuvamsa out of the race, it is not clear whether the race would have to be redone or whether Nutumya would move up to first and Numkena would move up to second in the primary race and that those two would move onto the general election.

Nuvamsa, who runs a consulting business called the Kiva Institute, has said that he had been certified for the primary election, that the election is in the process and that the Hopi people expressed their feelings through their vote.

Joseph placed fourth in the election and Dallas finished 14th.

Carbon copies of the complaint letter were filed with Tribal Secretary Mary Felter and the Hopi Election Board.

Felter, who was also a candidate, said as tribal secretary, she could not take a stance on the letter, but would do her duty and pass it along to the Hopi Tribal Council. Felter finished fifth in the race.

Qotsaquahua said the Hopi Courts have determined in previous cases that residency requires that the person come to their Hopi home every night. He added that if the people living around Nuvamsa's home were interviewed they would tell investigators that Nuvamsa has not lived there on a daily basis.

Qotsaquahua, who originally encouraged Nuvamsa to run, said if the Hopi Tribal Council allows Nuvamsa to run that they are enablers for not following the process.

"In that case, we might as well call Ivan (Sidney) back and have him take over," he said.

Nuvamsa said the Hopi Tribal Council action is out of his control.

"Everybody has the right to go before council and have the chance to be heard, but my certification has been approved, and I respect the vote of the people," he said.

Nuvamsa added that if the Hopi Court ruled that candidates must come home to their house each night, then nobody would meet the requirement.

During the primary race, candidate Valjean Joshevama challenged whether Nuvamsa met the two-year residency requirements. Nuvamsa produced a post office box, utility bills and tax papers showing that he had lived on Hopi for the past two years; so, the Hopi Election Board certified him for election.