A markup error on a bill appeared to indicate Gov. Kelly Armstrong issued a line item veto of $35 million for a state housing fund, which had not been his intent. Attorney General Drew Wrigley later issued an opinion that stated the marked-up bill isn’t the document that determines a veto, and the portion of the bill Armstrong intended to veto was clear, eliminating the need for legislators to return in special session to reapprove the funding.

Legislative Council attorneys disagree, concluding that legal precedent supports the marked-up bill as the official veto document.

Hogue and Ista issued a joint letter explaining their support for the opinion of the Legislative Council.

“We find their rebuttal to the Attorney General’s opinion to be thorough and persuasive, including the legitimate questions they raise about how it leaves unaddressed recent state Supreme Court precedent,” they stated in their letter.

Zac Ista

“As legislators, we care deeply about the constitutional separation of powers among our state’s co-equal branches of government. As attorneys, we understand and respect the importance of legal precedent. It is those two considerations alone that will guide the Legislature as we determine how to address Governor Armstrong’s partial veto of $35 million in new housing investments. Any suggestion that we or our nonpartisan staff are motivated instead by petty grievances or hidden agendas wildly misses the mark,” the letter said.

Pundits have suggested the controversy comes because Legislative Council attorneys are disgruntled about the governor’s line item veto of a different bill provision giving them the 15th floor of the state Capitol to accommodate additional staff.

“Representative Ista and I do feel the need to defend Legislative Council against these unwarranted attacks,” Hogue said.

“There exists a strong and collaborative partnership between Governor Armstrong and this Legislative Assembly, so our worry is not that he will run roughshod over the House and Senate if we let his veto stand unaddressed,” Hogue and Ista stated. “Rather, we are stewards of the offices we hold for only a brief time, and the actions we take, or fail to take, today will impact the proper separation of powers for generations to come. North Dakotans have entrusted us to preserve and protect the constitution, and we intend to do our job.”