Meet the 30 Idaho lawmakers suing Governor Otter

Photo Courtesy: Bryan Smith

Bryan Smith is an attorney in Idaho Falls and is heading up the case against Governor C.L. “Butch” Otter’s veto of the grocery tax. Smith spoke with Neal Larson at 590 KID Newsradio about the governor’s veto, the case against Governor Otter and how he thinks the case will do.




Thirty Idaho legislators have joined the campaign to sue Idaho Governor C.L. “Butch” Otter for his veto against a bill that would have exempted grocery tax in Idaho.

Representatives Ron Nate (R-Rexburg) and Bryan Zollinger (R-Idaho Falls) held a press conference April 12, detailing their intentions to sue if the veto was not overturned.

“This case is about the Governor’s invalid veto of a bill and the Secretary of State’s refusal to certify that bill into law,” according to an Idaho Supreme Court brief obtained by 590 KID Newsradio.

Since then, an additional 28 representatives and senators have added their names to the list.

“In a very real sense, the People’s respect for the integrity of the lawmaking process is at stake,” according to the brief. “The People’s respect for the Idaho Constitution is at stake. And the People’s respect for our judicial system is at stake.”

Representative Ron Nate called the action a victory for Idaho families.

“According to the clear and plain language of the Constitution, the governor’s veto on the repeal of the grocery tax came too late,” Rep. Nate wrote on his Facebook page. “Today a great group of 30 legislators joined to fight for the people, for the Constitution, and for common sense tax relief. This is a historic day for Idaho families!!”

According to the brief, since each legislative district represented by legislators is comprised of 44,000 constituents, the lawmakers suing the governor represent 880,000 Idaho residents.

Governor Otter vetoed House Bill 67, which would have repealed the grocery tax in Idaho.

According to the Idaho Constitution, the governor has 10 days from the adjournment of the legislature to veto a bill.