Legislative Council Advises Prudent Remedy’for Veto Error is Special Session

North Dakota Gov. Kelly Armstrong. (Michael Achterling/North Dakota Monitor)

(BY: MICHAEL ACHTERLING. North Dakota Monitor) – Legal staff for North Dakota’s legislative branch concluded the “prudent remedy” to correct an error with Gov. Kelly Armstrong’s line-item veto would be for the governor to call a special session, according to a memo issued.

But Attorney General Drew Wrigley, who is working on a separate opinion, maintains that Legislative Council has no role in determining the execution of the governor’s veto.

Armstrong announced May 22 a “markup error” with a line-item veto that crossed out $35 million for a state housing development fund. The red X over the funding did not match what Armstrong indicated in his veto message that explained his reasoning.

A Legislative Council memo distributed to lawmakers concluded that legal precedent supports the marked-up bill as the official veto document. “Engaging in interpretive gymnastics” to disregard the markings on the bill could lead to unintended consequences in the future, Legislative Council conclude