Idaho Legislators Will Mount Legal Challenge to Governor's Veto of Grocery Tax Repeal 

click to enlarge KELSEY HAWES
  • Kelsey Hawes
Two years ago, Idaho lawmakers successfully sued to invalidate a veto from Governor C.L. "Butch" Otter over betting on "historic horse racing." Now, another of the governor's vetoes is being taken to court again, this time over his rejection of the Idaho Legislature's repeal of the state's grocery tax.

The Idaho Falls Post Register reported today that Reps. Ron Nate (R-Rexburg) and Bryan Zollinger (R-Idaho Falls) are planning to file a "writ of mandamus" with the Idaho Supreme Court, stating the governor's veto came too late—more than five business days after the bill's passage. Otter's office argues that if the Legislature has adjourned for the year, the governor has 10 business day to veto a bill. Otter's veto, announced Tuesday, April 11, came nine business days after the March 29 adjournment.

The Post Register reports Nate and Zollinger announced their court fight Wednesday in the law office of Idaho Falls attorney Bryan Smith.

The last time an Otter veto landed in court, in 2015, it was ruled the governor's action came too late, thus making it invalid.
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