BISMARCK, N.D. (AP) - The North Dakota Legislature has set the stage for a rare state Supreme Court challenge of some vetoes issued by Gov. Doug Burgum.
The Republican-led Legislature - with support from Democrats - filed the lawsuit Friday, alleging the first-term GOP governor overstepped his authority and infringed on their power. Burgum says he’s protecting his executive authority and that the lawsuit is a waste of taxpayer money.
Here’s a look at the dispute and where it goes from here:
WHAT HAPPENED?
In the week after the Legislature adjourned on April 27, Burgum used his line-item veto to change parts of several spending bills. The state Constitution gives the governor power to do that on spending measures, but legislators say Burgum went farther, deleting words or phrases in a way that changed intent.
Lawmakers believe a governor must veto the entire line, or nothing at all.
WHY DOES IT MATTER?
The lawsuit asks the state Supreme Court to determine the legal effect of the partial vetoes, including the current status of each affected bill. But legislators from both parties largely admit that the bills in question aren’t as important as protecting the integrity of the Legislature - that is, its turf.
Burgum argues the vetoes were proper and they were done to protect his executive branch authority and to prevent the “spending of limited state resources.”
WERE THERE OTHER OPTIONS?
Yes. The Legislature could have reconvened to challenge the vetoes, with a two-thirds vote needed to override. It would cost about $80,000 daily to call the Legislature back to Bismarck.
WHAT’S THE COST TO TAXPAYERS?
The Legislature’s research arm estimates the cost of the lawsuit so far at about $34,000. It’s not clear whether Burgum will hire private attorneys, or use state lawyers to defend his position.
WHEN MIGHT IT BE RESOLVED?
Supreme Court officials say the case likely will be considered by the end of June - well before the Legislature reconvenes in 2019.
IS THIS THE FIRST SKIRMISH BETWEEN THE GOVERNOR AND THE LEGISLATURE?
Not even. They fought over a bill limiting a governor’s ability to set salary bonuses for staff. Burgum won that veto bout with the Legislature by arguing the legislation improperly infringes on the executive branch.
IS THIS THE FIRST LINE-ITEM VETO FIGHT?
No. The state Supreme Court has considered a dispute over the governor’s line-item veto power once, in 1979, in a case involving Attorney General Allen Olson and Gov. Arthur Link. That was over the Legislature’s attempt to abolish some division heads and replace them with the lieutenant governor.
The Supreme Court said that Link’s line-item veto was invalid, but sided with his argument that the Legislature interfered with his powers by telling the lieutenant governor what to do.
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