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Legislative Management hears Attorney General opinion analysis on veto errors and requests options
Summary
Legal staff reviewed an Attorney General opinion on veto procedure ambiguities; the committee asked Legislative Council staff to present a list of options to address the veto error, including potential court action, reconvening, or clarifying legislation.
BISMARCK, N.D. — The Legislative Management received a legal analysis June 26 about an Attorney General opinion addressing possible veto errors and instructed Legislative Council staff to compile options for the committee to consider.
Emily Thompson, Legal Division Director for the Legislative Council, presented a memorandum analyzing the Attorney General opinion regarding veto errors. Thompson said the opinion notes the North Dakota Constitution requires the governor to return two items—the veto letter and the bill—to effectuate a veto, but that the constitutional phrase "the vetoed item or bill" could be read differently depending on whether a bill is fully vetoed or partially vetoed. She also referenced the 2018 Supreme Court case North Dakota Legislative Assembly v. Burgum, noting the court concluded the governor may not modify or withdraw a veto based on later Attorney General advice.
Thompson described several options the Legislative Assembly could pursue if it wishes to address a veto error: asking the Supreme Court to rule on the matter; reconvening for a brief veto-override session; reconvening for at least three legislative days to pass a clarifying bill to address a specific appropriation; or enacting legislation to clarify the manner in which a veto must be effectuated to avoid future ambiguity. Legislative Council staff offered to provide historical data on biennium distributions for housing projects and the North Dakota Homeless Grant Program to assist analysis.
Representative Mike Lefor moved and Representative Kathy Frelich seconded a request that the Legislative Council provide a list of options for Legislative Management to consider at a future meeting; the motion carried on voice vote.
