LEGAL OPINION: A GOVERNOR’s UNAMBIGUOUS, CONSTITUTIONALLY REQUIRED, WRITTEN STATEMENT OF OBJECTIONS TO A VETOED BILL OR ITEM DELINEATES THE LANGUAGE THAT WAS VETOED TO THE[...]

13 JunLEGAL OPINION: A GOVERNOR's UNAMBIGUOUS, CONSTITUTIONALLY REQUIRED, WRITTEN STATEMENT OF OBJECTIONS TO A VETOED BILL OR ITEM DELINEATES THE LANGUAGE THAT WAS VETOED TO THE EXTENT THERE IS A DISCREPANCY BETWEEN THE GOVERNOR'S STATEMENT AND ANY MARKINGS ON THE FACE OF THE BILL OR ITEM.

June 11, 2025

A new Attorney General's Opinion has been issued:

Opinion #: 2025-L-02

Date Issued: June 11, 2025

Issued to: Governor Kelly Armstrong

Request: Whether the legally operative scope of the Governor's veto of language in Senate Bill 2014 was constituted by the May 19, 2025, detailed written statement of his objections to the item at issue or, alternatively, by the red box and X placed over Section 7 on the copy of Senate Bill 2014 that was included with the Governor's written statement and delivered to the Senate.

Conclusion: Delivering the veto package consisting of the Governor's written statement of objections and the copy of Senate Bill 2014 to the Senate satisfied the constitutional criteria for an item veto, and the written statement of objections was clear and unambiguous. To the extent the marked-up copy of Senate Bill 2014 in the veto package arguably diverged from the Governor's written statement of objections, that discrepancy is constitutionally inoperative and neither nullifies nor modifies the veto as it was proclaimed in the Governor's written statement of objections. The Governor's detailed, written statement of objections is the legally operative document for purposes of ascertaining the language vetoed pursuant to N.D. Const. art. V, § 9.

You can view this opinion at: 2025-L-02