Elections' director mystified by lawsuit
Plaintiff did vote

By Natasha Kaye Johnson
Diné Bureau

WINDOW ROCK — The Navajo Nation's individual plaintiff in the Navajo Nation's lawsuit to enjoin the voter i.d. requirements who the Speaker's Office claims was denied a vote did get to vote on election day.

According to Navajo County voting records, Agnes Laughter, a Navajo elderly woman from Chilchinbeto who speaks only Navajo, did get a provisional ballot when she went to her chapter house to vote on September 12, and that ballot was counted.

"My immediate response was to clarify the record," said Kelly Dastrup, Navajo County Election's Director.

However, in the Navajo Nation's lawsuit, the Speaker's Office maintains that Laughter was not given the right to vote, and it is using her individual experience to showcase how the one incident creates difficulty for Navajo elders to participate in the democratic process.

"We are sticking by our story," said Karen Francis, Public Information Officer for the Speaker's Office.

Francis said that Leila-Tulley, who works with the Speakers Office, accompanied Laughter to the voting polls on election day to witness possible difficulties Laughter might have voting with new i.d. requirements, since she did not have the documents for the new requirements.

At the polls, Tulley documented the obstacles Laughter encountered to vote.

Tulley witnessed how when Laughter arrived at the polls on Election Day, she was asked for identification by poll workers before she could even enter the chapter. After a lengthy conversation with the poll workers, Laughter was finally granted permission to enter; however, Laughter was denied the right to vote after entering the chapter house because she failed to show identification and told workers she was not sure whether she could obtain an i.d. within three days.

After the incident, Tulley reported to the office what she witnessed so the incident could be included in the lawsuit.

"Mrs. Laughter was not given a provisional ballot," said Francis. Neither Laughter or Tulley could be contacted for comment.

Upon hearing about the incident via-email on Monday afternoon, Dastrup was a bit taken aback and immediately looked into whether Laughter did cast a vote.

After finding Laughter's ballot, Dastrup said she contacted the Navajo Nation Elections Office, the Arizona Deputy Secretary of the State, and the State Elections Director.

"We have gone to great lengths to train poll workers the best we can to avoid a situations just like this," said Dastrup. "The whole point of provisional balloting is to not turn anybody away."

"This is the only issue that was brought to our attention," said Dastrup. "It wasn't even brought to our attention on election day."

Laughter's ballot had a thumb print in place of her signature, which indicates there was an inability to hold her pen or write her name.

"It is very acceptable in Arizona to identify themselves as a thumb print, which also indicates that there was great lengths taken to assist her," said Dastrup.

Dastrup was not sure if Laughter may have returned later to cast a ballot, but even if she did, Francis said that it only shows that the requirements make the voting process difficult.

"Its an undue burden on our people," said Francis.

Francis said the office will be talking with its lawyers, and could not comment further.

The Nation filed suit against the State of Arizona earlier this year regarding Proposition 200, which requires identification at the polls, asserting that the new laws are discriminatory and are an undue burden to Navajos' right to vote. The day before elections, the State of Arizona denied motions for a preliminary injunction concerning the i.d. requirements for Proposition 200, but was ordered to submit additional briefing on its Voting Rights Act and Civil Rights Act claims by September 25.

A hearing on the Navajo Nation's Voting Rights Act and Civil Rights Act is scheduled for October 19.