Special session of North Dakota Legislature unclear with legal research underway
A special session of the North Dakota Legislature is still up in the air as the attorney general reviews options to fix an error with a line-item veto.
Meanwhile, legislative leaders this week directed staff to do legal research on possible scenarios that would prompt the Legislature to come back into session, including a recent appeals court ruling that affects legislative districts.
Gov. Kelly Armstrong's general counsel has asked for an attorney general's opinion on his line-item veto of Senate Bill 2014. Armstrong's veto message only indicated he objected to a $150,000 grant, but the message was accompanied by red lines crossing out a section of the bill that also included $35 million for the Housing Incentive Fund.
North Dakota governor unintentionally vetoes $35 million for housing programs
Attorney Chris Joseph wrote in his request for an opinion that the red marking 'merely serves as a color-coded visual aid.' He asked for an opinion on whether the governor's written veto message or the visual pen marks on the bill satisfy the constitutional requirements of a line-item veto.
Mike Nowatzki, spokesman for the governor, said the opinion will determine the next steps.
Armstrong previously said he would call lawmakers back for a special session if necessary to correct the mistake. Legislative Council estimates a special session would cost $65,000 per day.
Senate Majority Leader David Hogue, R-Minot, said Wednesday during a meeting of Legislative Management that he asked Legislative Council staff to brief legislative leaders on scenarios that might prompt lawmakers to reconvene.
One question Hogue raised is whether the Legislature has a duty to act in response to the 8th Circuit Court of Appeals ruling that overturned a 2023 district court ruling that found the state's 2021 redistricting plan unlawfully diluted the voting power of Native American voters. A federal judge had ordered the Legislature to change its district map, but if the appellate court's ruling stands, the state would revert back to the 2021 plan. The plaintiffs, which include the Spirit Lake Nation and Turtle Mountain Band of Chippewa, have asked for a rehearing before the full 8th Circuit.
Hogue also asked staff to provide a legal briefing related to the governor's vetoes and whether that would prompt legislators to reconvene. Armstrong issued seven line-item vetoes on six bills after the session adjourned.
Previously, Legislative Council Director John Bjornson said a special session was the only obvious legal remedy to fix the error with the veto, but he said this week his staff continue to research the issue.
Other situations that might prompt the Legislature to reconvene are a significant drop in the price of oil that changes the state's budget outlook or federal funding cuts that have major impacts to state or local subdivisions, Hogue said.
If lawmakers call themselves back into session, they have six remaining days of their 80-day limit. If Armstrong calls a special session, that would not affect the 80-day limit.
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