The Legislature adjourned March 29, and Otter vetoed the Grocery Tax Repeal late Tuesday night, April 11th. According to the Idaho Constitution, Article IV, Section 10, his veto was too late. Section 10 Veto Power says, “... unless the legislature shall, by adjournment, prevent its (the bill’s) return, in which case it shall be filed, with his objections, in the office of the Secretary of State within ten (10) days after such adjournment (Sundays excepted) or become law.”
Having vetoed the Grocery Tax Repeal on the 11th day (excepting Sundays) after the Legislature’s adjournment, and evidently filed it on the 12th day; since the Secretary of State’s office isn’t open at night, the veto is not in accord with our Constitution and the Grocery Tax Repeal is law. It passed the House 51-19 and the Senate 25-10.
It appears Otter was counting days from the day he received the bill, March 31, but that’s not what the Constitution says. It says, “... after such adjournment.”
Sheila Ford, Caldwell