NATE v. DENNEY

Docket No. 45001-2017.

464 P.3d 287 (2017)

Ronald M. NATE; Heather Scott; Sage Dixon; Vito Barbieri; Eric Redman; Ron Mendive; Mike Kingsley; Thyra Stevenson; Priscilla Giddings; Terry Gestrin; Dorothy Moon; Ryan Kerby; Judy Boyle; Greg Chaney; Brent Crane; Lynn Luker; James Holtzclaw; Steven Harris; Thomas Dayley; John Vander Woude; Christy Zito; Jeff Thompson; Bryan Zollinger; and Karey Hanks, House Representatives; and Steve Vick; Mary Souza; Dan Foreman; Steven Thayn; Clifford Bayer; Lori Den Hartog, Senators, Petitioners, v. Lawerence DENNEY, Secretary of State of the State of Idaho, in his official capacity, Respondent, and C.L. "Butch" Otter, Governor of the State of Idaho, in his official capacity, Intervenor-Respondent.

Supreme Court of Idaho, Boise, June 2017 Term.

Filed: July 18, 2017.


Attorney(s) appearing for the Case

Bryan D. Smith ; Smith, Driscoll & Associates, PLLC; Idaho Falls, argued for petitioners.

Brian P. Kane , Deputy Attorney General, Boise, argued for respondent Secretary of State Denney.

David F. Hensley , Boise, argued for respondent Governor Otter.


This is an original action seeking a writ of mandamus compelling the Secretary of State to certify 2017 House Bill No. 67 as law because the Governor did not veto the bill and return it to the Secretary of State within ten days (excluding Sundays) after the legislature adjourned. We overrule Cenarrusa v. Andrus, ...

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