NNHRC is involved in redistricting as it deals with race to protect Navajo peoples’ interest and their
ability to elect a candidate of their choice. Navajos are citizens of the United States and it is
crucial that Navajo people are fairly and adequately represented in all legislative and Congressional to
school districts redistricting plans.
NNHRC presented what’s in the best interest for the Navajo people where Navajo is impacted.
Beginning in March 2011, NNHRC actively pursued redistricting activities in a timely manner at the
release of the new U.S. Census data. At that time, NNHRC staff members presented to Commissioners on the
matter. Patty Ferguson-Bohnee and Judith Dworkin, both attorneys from Sacks Tierney law office,
presented an overview of standards for redistricting in congressional and legislative districts and
advocated for maintaining the Navajo Nation as a “community of interest” to prevent a diluted district.
Navajo voters have a “community of interest,” a redistricting term, with the border towns surrounding
the Navajo Nation due to the fact that Navajo significantly contribute to the border towns’ retail and
social economies. In addition, the Navajo Nation explained that Navajo voters also have communities of
interest with other indigenous peoples as federal and state laws often equally affect programs providing
services and land status policies for indigenous peoples, according to NNHRCNOV-11-11.
Competitiveness, another redistricting term, was not a priority for NNHRC.
On March 31, 2011, the Speaker of the Navajo Nation Council directed the Commission to “head advocacy
efforts on behalf of the legislative branch of the Navajo Nation government with regards to
redistricting voting districts in the states of Arizona, Colorado, New Mexico and Utah.” Based on this
directive, the Commission formulated redistricting maps for Arizona, Utah and New Mexico from the
congressional level to the school districts.
NNHRC developed GIS generated maps with TIGER data and recommended maps that retained or enhanced the
Native American Voting Age Population, and would comply with the Voting Rights Act and the U.S.
Constitution.
Each recommended map was approved by NNHRCs oversight committee, the Naabik’iyati’ Committee of the 22nd
Navajo Nation Council.
The Commission ensured that all members of the Navajo Nation were fairly and adequately represented in
all elective districts. Most particularly, the Commission:
- Improved/Maintained the legislative districting in which the Navajo Nation is located and preserve a
"majority-minority" standard;
- Improved/Maintained the Congressional districts in which the Navajo Nation is located;
- Remained intake in a single legislative district(s) to avoid “cracking;”
- Resisted all efforts to “dilute” the strength of the Navajo vote to ensure that Navajo voters are
given fair and equal opportunity to elect candidates of their choice; and
- Resisted retrogression to ensure that Navajo voting rights are protected and preserved.
According to a NNHRCMAR-13-12 resolution, NNHRC expended substantial resources to advocate for the voting
rights of Navajo people. Also, the Commission staff with the Navajo Nation Department of Justice and
outside legal counsel analyzed the redistricting requirements provided by the U.S. Constitution, Arizona
Constitution, and Voting Rights Act to ensure that the Navajo Nation redistricting maps met the legal
requirements. Furthermore, the Commission staff worked on redistricting activities as well as the Navajo
Nation Department of Justice and the Office of the President and Vice President in development of the
Navajo Nation’s redistricting plans.
In August 2011, the Navajo Nation Speaker assigned five Navajo Nation Council Delegates to work with the
Navajo Nation Human Rights Commission on the state redistricting activities, according to NABIAU-47-11,
with the responsibility to appear and provide testimony with NNHRC staff members who are also
responsible to appear and provide testimony on behalf of the Navajo Nation. The Council Delegates
include: Hon. Alton Shepherd, Hon. Lorenzo Bates, Hon. Leonard Tsosie, Hon. Kenneth Maryboy and Hon.
Jonathan Nez.
The U.S. Supreme Court decision in the matter of voting rights act has changed the dynamics of the
Arizona Redistricting Case. The Navajo Nation Human Rights Commission, in working with Navajo Department
of Justice, is assessing the impacts of the U.S. Supreme Court decision.
Source: NNHRCNOV-11-11, NNHRCMAR-13-12, NABIAU-47-11.