Ron Nate and Bryan Zollinger threaten to sue over grocery tax repeal veto

Update: (3:35 p.m. / 4-12)

Idaho Secretary of State Lawrence Denney supports Governor Butch Otter’s opinion that the governor did properly veto HB 67, which would have repealed the state’s 6 percent sales tax on groceries, within the allowable time. However, Idaho Falls Attorney Bryan Smith and State Representative Bryan Zollinger believe Denney’s definition of “properly” means “a contravention of the Idaho Constitution”. The lawyers said they will file a petition for a “writ of mandamus” directly with the Idaho Supreme Court next week. They said they will ask Denney to “un-file” the Governor’s veto and certify HB 67 as law. If Denney does not do that, Zollinger and Smith said they expect the court to make a decision on their request by August or September.

Update: In response to Local News 8 and Eyewitness News 3 KIDK’s request for comment, Governor C.L. “Butch” Otter’s office said that Representatives Ron Nate and Bryan Zollinger are wrong and that they should have contacted the Secretary of State prior to calling a press conference.

The Governor’s office cited the case Cenarrusa v. Andrus as evidence. In that case the Idaho Supreme Court found:

“We conclude that the governor has ten full days from the date of presentment in which to consider bills presented to him after adjournment of the Idaho Legislature.”

Representatives from the Governor’s office say according to that rule the Governor had until 12:05 p.m. April 12 to either approve or veto the law. Governor Otter vetoed the law last night at 6:16 p.m. and was within the required time.

Original Story: Two eastern Idaho lawmakers are preparing a lawsuit against Governor C.L. “Butch” Otter and his decision to veto the grocery tax repeal.

In a press conference Wednesday morning, Representative Ron Nate and Representative Bryan Zollinger announced their intent to sue Governor Otter saying that his veto of the law came too late according to Idaho constitutional law.

Nate and Zollinger say that according to the law the Governor had ten days excluding Sundays after the law passed the House and Senate to either approve or veto the law. By that rule, Governor Otter would have had to veto the law by April 10. The Governor didn’t sign his veto of the law until April 11.

Nate and Zollinger speculate that the Governor thinks he has ten days after the law is actually on his desk for approval or veto and argue that this would be incorrect.

Nate and Zollinger say before taking the case to court they will first approach Idaho Secretary of State Lawerence Denney with their case.

We have reached out to the Governor’s office for comment on the lawsuit.