Special session of North Dakota Legislature unclear with legal research underway
A special session of the North Dakota Legislature is still up in the air as the attorney general reviews options to fix an error with a line-item veto.
Meanwhile, legislative leaders this week directed staff to do legal research on possible scenarios that would prompt the Legislature to come back into session, including a recent appeals court ruling that affects legislative districts.
Gov. Kelly Armstrong's general counsel has asked for an attorney general's opinion on his line-item veto of Senate Bill 2014. Armstrong's veto message only indicated he objected to a $150,000 grant, but the message was accompanied by red lines crossing out a section of the bill that also included $35 million for the Housing Incentive Fund.
North Dakota governor unintentionally vetoes $35 million for housing programs
Attorney Chris Joseph wrote in his request for an opinion that the red marking 'merely serves as a color-coded visual aid.' He asked for an opinion on whether the governor's written veto message or the visual pen marks on the bill satisfy the constitutional requirements of a line-item veto.
Mike Nowatzki, spokesman for the governor, said the opinion will determine the next steps.
Armstrong previously said he would call lawmakers back for a special session if necessary to correct the mistake. Legislative Council estimates a special session would cost $65,000 per day.
Senate Majority Leader David Hogue, R-Minot, said Wednesday during a meeting of Legislative Management that he asked Legislative Council staff to brief legislative leaders on scenarios that might prompt lawmakers to reconvene.
One question Hogue raised is whether the Legislature has a duty to act in response to the 8th Circuit Court of Appeals ruling that overturned a 2023 district court ruling that found the state's 2021 redistricting plan unlawfully diluted the voting power of Native American voters. A federal judge had ordered the Legislature to change its district map, but if the appellate court's ruling stands, the state would revert back to the 2021 plan. The plaintiffs, which include the Spirit Lake Nation and Turtle Mountain Band of Chippewa, have asked for a rehearing before the full 8th Circuit.
Hogue also asked staff to provide a legal briefing related to the governor's vetoes and whether that would prompt legislators to reconvene. Armstrong issued seven line-item vetoes on six bills after the session adjourned.
Previously, Legislative Council Director John Bjornson said a special session was the only obvious legal remedy to fix the error with the veto, but he said this week his staff continue to research the issue.
Other situations that might prompt the Legislature to reconvene are a significant drop in the price of oil that changes the state's budget outlook or federal funding cuts that have major impacts to state or local subdivisions, Hogue said.
If lawmakers call themselves back into session, they have six remaining days of their 80-day limit. If Armstrong calls a special session, that would not affect the 80-day limit.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Los Angeles Times
2 hours ago
- Los Angeles Times
News Analysis: Newsom's decision to fight fire with fire could have profound political consequences
Deep in the badlands of defeat, Democrats have soul-searched about what went wrong last November, tinkered with a thousand-plus thinkpieces and desperately cast for a strategy to reboot their stalled-out party. Amid the noise, California Gov. Gavin Newsom has recently championed an unlikely game plan: Forget the high road, fight fire with fire and embrace the very tactics that virtue-minded Democrats have long decried. Could the dark art of political gerrymandering be the thing that saves democracy from Trump's increasingly authoritarian impulses? That's essentially the pitch Newsom is making to California voters with his audacious new special election campaign. As Texas Democrats dig in to block a Republican-led redistricting push and Trump muscles to consolidate power wherever he can, Newsom wants to redraw California's own congressional districts to favor Democrats. His goal: counter Trump's drive for more GOP House seats with a power play of his own. It's a boundary-pushing gamble that will undoubtedly supercharge Newsom's political star in the short-term. The long-game glory could be even grander, but only if he pulls it off. A ballot-box flop would be brutal for both Newsom and his party. The charismatic California governor is termed out of office in 2026 and has made no secret of his 2028 presidential ambitions. But the distinct scent of his home state will be hard to completely slough off in parts of the country where California is synonymous with loony lefties, business-killing regulation and an out-of-control homelessness crisis. To say nothing of Newsom's ill-fated dinner at an elite Napa restaurant in violation of COVID-19 protocols — a misstep that energized a failed recall attempt and still haunts the governor's national reputation. The redistricting gambit is the kind of big play that could redefine how voters across the country see Newsom. The strategy could be a boon for Newsom's 2028 ambitions during a moment when Democrats are hungry for leaders, said Democratic strategist Steven Maviglio. But it's also a massive roll of the dice for both Newsom and the state he leads. 'It's great politics for him if this passes,' Maviglio said. 'If it fails, he's dead in the water.' The path forward — which could determine control of Congress in 2026 — is hardly a straight shot. The 'Election Rigging Response Act,' as Newsom has named his ballot measure, would temporarily scrap the congressional districts enacted by the state's voter-approved independent redistricting commission. Under the proposal, Democrats could pick up five seats currently held by Republicans while bolstering vulnerable Democratic incumbent Reps. Adam Gray, Josh Harder, George Whitesides, Derek Tran and Dave Min, which would save the party millions of dollars in costly reelection fights. But first the Democratic-led state Legislature must vote to place the measure on the Nov. 4 ballot and then it must be approved by voters. If passed, the initiative would have a 'trigger,' meaning the redrawn map would not take effect unless Texas or another GOP-led state moved forward with its own gerrymandering effort. 'I think what Governor Newsom and other Democrats are doing here is exactly the right thing we need to do,' Democratic National Committee Chairman Ken Martin said Thursday. 'We're not bringing a pencil to a knife fight. We're going to bring a bazooka to a knife fight, right? This is not your grandfather's Democratic Party,' Martin said, adding that they shouldn't be the only ones playing by a set of rules that no longer exist. For Democrats like Rep. Laura Friedman (D-Glendale), who appeared alongside Newsom to kick off the effort, there is 'some heartbreak' to temporarily shelving their commitment to independent redistricting. But she and others were clear-eyed about the need to stop a president 'willing to rig the election midstream,' she said. Friedman said she was hearing overwhelmingly positive reactions to the proposal from all kinds of Democratic groups on the ground. 'The response that I get is, 'Finally, we're fighting. We have a way to fight back that's tangible,'' Friedman recounted. Still, despite the state's Democratic voter registration advantage, victory for the ballot measure will hardly be assured. California voters have twice rallied for independent redistricting at the ballot box in the last two decades and many may struggle to abandon those beliefs. A POLITICO-Citrin Center-Possibility Lab poll found that voters prefer keeping an independent panel in place to draw district lines by a nearly two-to-one margin, and that independent redistricting is broadly popular in the state. (Newsom's press office argued that the poll was poorly worded, since it asked about getting rid of the independent commission altogether and permanently returning line-drawing power to the legislators, rather than just temporarily scrapping their work for several cycles until the independent commission next draws new lines.) California voters should not expect to see a special election campaign focused on the minutia of reconfiguring the state's congressional districts, however. While many opponents will likely attack the change as undercutting the will of California voters, who overwhelmingly supported weeding politics out of the redistricting process, bank on Newsom casting the campaign as a referendum on Trump and his devious effort to keep Republicans in control of Congress. Newsom employed a similar strategy when he demolished the Republican-led recall campaign against him in 2021, which the governor portrayed as a 'life and death' battle against 'Trumpism' and far-right anti-vaccine and antiabortion activists. Among California's Democratic-heavy electorate, that message proved to be extremely effective. 'Wake up, America,' Newsom said Thursday at a Los Angeles rally launching the campaign for the redistricting measure. 'Wake up to what Donald Trump is doing. Wake up to his assault. Wake up to the assault on institutions and knowledge and history. Wake up to his war on science, public health, his war against the American people.' Kevin Liao, a Democratic strategist who has worked on national and statewide campaigns, said his D.C. and California-based political group chats had been blowing up in recent days with texts about the moment Newsom was creating for himself. Much of Liao's group chat fodder has involved the output of Newsom's digital team, which has elevated trolling to an art form on its official @GovPressOffice account on the social media site X. The missives have largely mimicked the president's own social media patois, with hyperbole, petty insults and a heavy reliance on the 'caps lock' key. 'DONALD IS FINISHED — HE IS NO LONGER 'HOT.' FIRST THE HANDS (SO TINY) AND NOW ME — GAVIN C. NEWSOM — HAVE TAKEN AWAY HIS 'STEP,' ' one of the posts read last week, dutifully reposted by the governor himself. Some messages have also ended with Newsom's initials (a riff on Trump's signature 'DJT' signoff) and sprinkled in key Trumpian callbacks, like the phrase 'Liberation Day,' or a doctored Time Magazine cover with Newsom's smiling mien. The account has garnered 150,000 new followers since the beginning of the month. Shortly after Trump took office in January, Newsom walked a fine line between criticizing the president and his policies and being more diplomatic, especially after the California wildfires — in hopes of appealing to any semblance of compassion and presidential responsibility Trump possessed. Newsom had spent the first months of the new administration trying to reshape the California-vs.-Trump narrative that dominated the president's first term and move away from his party's prior 'resistance' brand. Those conciliatory overtures coincided with Newsom's embrace of a more ecumenical posture, hosting MAGA leaders on his podcast and taking a position on transgender athletes' participation in women's sports that contradicted the Democratic orthodoxy. Newsom insisted that he engaged in those conversations to better understand political views that diverged from his own, especially after Trump's victory in November. However, there was the unmistakable whiff of an ambitious politician trying to broaden his national appeal by inching away from his reputation as a West Coast liberal. Newsom's reluctance to readopt the Trump resistance mantle ended after the president sent California National Guard troops into Los Angeles amid immigration sweeps and ensuing protests in June. Those actions revealed Trump's unchecked vindictiveness and abject lack of morals and honor, Newsom said. Of late, Newsom has defended the juvenile tone of his press aides' posts mocking Trump's own all-caps screeds, and questioned why critics would excoriate his parody and not the president's own unhinged social media utterances. 'If you've got issues with what I'm putting out, you sure as hell should have concerns about what he's putting out as president,' Newsom said last week. 'So to the extent it's gotten some attention, I'm pleased.' In an attention-deficit economy where standing out is half the battle, the posts sparkle with unapologetic swagger. And they make clear that Newsom is in on the joke. 'To a certain set of folks who operated under the old rules, this could be seen as, 'Wow, this is really outlandish.' But I think they are making the calculation that Democrats want folks that are going to play under this new set of rules that Trump has established,' Liao said. At a moment when the Democratic party is still occupied with post-defeat recriminations and what's-next vision boarding, Newsom has emerged from the bog with something resembling a plan. And he's betting the house on his deep-blue state's willingness to fight fire with fire. Times staff writers Seema Mehta and Laura Nelson contributed to this report.
8 hours ago
Another gold rush could bring open pit mines to South Dakota's Black Hills
SIOUX FALLS, S.D. -- A gold rush brought settlers to South Dakota's Black Hills roughly 150 years ago, chasing the dream of wealth and displacing Native Americans in the process. Now, a new crop of miners driven by gold prices at more than $3,000 an ounce are seeking to return to the treasured landscape, promising an economic boost while raising fears of how modern gold extraction could forever change the region. 'These impacts can be long term and make it so that tourism and outdoor recreation is negatively impacted,' said Lilias Jarding, executive director of the Black Hills Clean Water Alliance. 'Our enjoyment of the Black Hills as a peaceful place, a sacred place, is disturbed.' The Black Hills encompass over 1.2 million acres (485,622 hectares), rising up from the Great Plains in southwest South Dakota and extending into Wyoming. The jagged peaks are smaller than those of the Rocky Mountains, but the lush pine-covered hills are sacred to the Lakota Sioux people and serve as a destination for millions of tourists who visit Mount Rushmore and state parks. One gold mine now operates in the Black Hills, but companies have proposals before state and federal agencies for another one, plus exploratory drilling sites that they hope will lead to full-fledged mines. That has prompted opposition by Native American tribes and environmentalists who argue the projects are close to sacred sites, will contaminate waterways and permanently scar the landscape. Gold extraction has changed dramatically in the decades since prospectors first began panning for gold in the Black Hills. The industry now typically relies on massive trucks and diggers that create deep, multitiered pits and use chemicals like cyanide to extract the gold. The land can never return to its original state. The Homestake mine, once the largest and deepest gold mine in the Western Hemisphere, now sits barren in Lead, South Dakota, and is used for scientific research. Interest in Black Hills gold mining has soared along with the price of the metal. When the Homestake mine closed in 2002, gold sold for about $300 an ounce. Now it goes for about 10 times as much. Joseph Cavatoni, senior market strategist at the World Gold Council, attributes the price spike to global economic uncertainty. 'Gold tends to be a stable asset,' he said. 'That actually performs well in inflationary times, and holds its value in recessionary times. That's why gold as an asset in investment.' President Donald Trump also boosted the industry by issuing an executive order in March to increase American mineral production, calling for expedited permitting and reviews. Colin Paterson, professor emeritus of geological engineering at the South Dakota School of Mines and Technology, notes that Black Hills gold is encased in rock. To extract it, the rock is crushed and then a chemical like cyanide is used to dissolve the mineral and remove it. Coeur Mining runs the single active mine in the Black Hills, but the company Dakota Gold has plans for an open pit mine to begin operating in 2029. The company is also targeting the area near the old Homestake site to build an underground mine where workers would descend hundreds or even thousands of feet into shafts. Jack Henris, president and chief operating officer of Dakota Gold, estimated the open pit mine would create up to 250 jobs and result in the company paying the state up to $400 million in taxes over the life of the mine. Dakota Gold will conduct an environmental study and surveys of soil and vegetation to ensure safe operation, Henris said. 'Most of the people that work here are from this area and just love to live here,' he said. 'So we're a big part of the Hills and we love them just as much as other folks.' To a great extent, gold mining helped create the modern Black Hills region. The U.S. government signed a treaty in 1868 that recognized the Sioux Nation's right to the Black Hills, but the government seized the land after the discovery of gold and allowed settlers into the region. The U.S. Supreme Court later ruled the Sioux were entitled to compensation, but they have not accepted any and maintain their claim to the land. Tribes have largely opposed mining in the Black Hills. 'There's a central truth about mining in the Black Hills in that it was never the most mineral rich place there ever was,' said Taylor Gunhammer, local organizer with the Indigenous advocacy group NDN Collective and an Oglala Sioux, one of the Lakota people. 'It's not even the actual mineral content of the Black Hills that is so attractive to mining companies. It's the permissive nature of the officials who oversee mining.' Some proposed projects, such as Dakota Gold's mine, are on private land and only subject to state rules, not the U.S. Forest Service regulations required for projects on public acreage. Environmentalists have focused their opposition on the possibility of chemicals leaks. They note that Coeur's Wharf mine has had nearly 200 spills and that the former Homestake mine was closed because it contaminated a nearby creek. Coeur's environmental manager, Jasmine McCauley, said in a statement that each spill was "thoroughly investigated, mitigated, and corrective actions are put in place to prevent reoccurrence.' The company is always improving its processes, she added. Jarding, of the Black Hills Clean Water Alliance, said she remains concerned about the number of projects in the works. 'It's really important that people understand the exponential growth in mining activity that's been happening in the Black Hills over the last five years or so,' Jarding said. "There are currently active mining claims on 271,000 acres in the Black Hills. That's 20% of the whole Black Hills that is potentially going to be subject to mining.'
9 hours ago
In Trump's redistricting push, Democrats find an aggressive identity
ATLANTA -- Fight! Fight! Fight! It's not just Donald Trump's mantra anymore. As the Republican president pushes states to redraw their congressional districts to the GOP's advantage, Democrats have shown they are willing to go beyond words of outrage and use whatever power they do have to win. Democrats in the Texas Legislature started it off by delaying, for now, Republican efforts to expand the GOP majority in the state's delegation and help preserve party control of the U.S. House through new districts in time for the 2026 midterm elections. Then multiple Democratic governors promised new districts in their own states to neutralize potential Republican gains in Washington. Their counter has been buoyed by national fundraising, media blitzes and public demonstrations, including rallies Saturday around the country. 'For everyone that's been asking, 'Where are the Democrats?' -- well, here they are," said U.S. Rep. Jasmine Crockett of Texas, one of several Democrats who could be ousted under her state's new maps. "For everyone who's been asking, 'Where is the fight?' – well, here it is.' There is no guarantee Democrats can prevent the Republican-powered redistricting, just as Democrats on Capitol Hill have not been able to stop Trump's moves. But it's a notable turn for a party that, by its own leaders' admissions, has honored conventional rules and bypassed bare-knuckled tactics. So far, progressive and establishment Democrats are aligned, uniting what has often been a fragmented opposition since Republicans led by Trump took control of the federal government with their election sweep in November. Leaders on the left say the approach gives them a more effective way to confront him. They can challenge his redistricting ploy with tangible moves as they also push back against the Republicans' tax and spending law and press the case that he is shredding American democracy. 'We've been imploring Democrats where they have power on the state and local level to flex that power,' said Maurice Mitchell, who leads the Working Families Party at the left flank of mainstream U.S. politics. 'There's been this overwrought talk about fighters and largely performative actions to suggest that they're in the fight.' This time, he said, Democrats are 'taking real risks in protecting all of our rights' against 'an authoritarian president who only understands the fight.' Texas made sense for Republicans as the place to start a redistricting scuffle. They dominate the Statehouse, and Gov. Greg Abbott is a Trump loyalist. But when the president's allies announced a new political map intended to send five more Republicans to the U.S. House, state Democratic representatives fled Texas, denying the GOP the numbers to conduct business in the Legislature and approve the reworked districts. Those legislators surfaced in Illinois, New York, California and elsewhere, joined by governors, senators, state party chairs, other states' legislators and activists. All promised action. The response was Trumpian. Govs. Gavin Newsom of California, JB Pritzker of Illinois and Kathy Hochul of New York welcomed Texas Democrats and pledged retaliatory redistricting. Pritzker mocked Abbott as a lackey who says 'yes, sir' to Trump orders. Hochul dismissed Texas Republicans as 'lawbreaking cowboys.' Newsom's press office directed all-caps social media posts at Trump, mimicking his signature sign off: 'THANK YOU FOR YOUR ATTENTION TO THIS MATTER.' U.S. Rep. Al Green, another Texas Democrat who could lose his seat, called Trump 'egomaniacal.' Yet many Democrats also claimed moral high ground, comparing their cause to the Civil Rights Movement. State Rep. Ramon Romero Jr., invoked another Texas Democrat, President Lyndon Johnson, who was 'willing to stand up and fight' for civil rights laws in the 1960s. Then, with Texas bravado, Romero reached further into history: 'We're asking for help, maybe just as they did back in the days of the Alamo.' A recent Associated Press-NORC Center for Public Affairs Research poll found that about 15% of Democrats' own voters described the party using words like 'weak' or 'apathetic.' An additional 10% called it 'ineffective' or 'disorganized.' Beto O'Rourke, a former Texas congressman who is raising money to support Texas Democrats, has encouraged Democratic-run statehouses to redraw districts now rather than wait for GOP states to act. On Friday, California Democrats released a plan that would give the party an additional five U.S. House seats. It would require voter approval in a November election. 'Maximize Democratic Party advantage,' O'Rourke said at a recent rally. 'You may say to yourself, 'Well, those aren't the rules.' There are no refs in this game. F--- the rules. ... Whatever it takes.' Democratic National Committee Chairman Ken Martin acknowledged the shift. 'This is not the Democratic Party of your grandfather, which would bring a pencil to a knife fight,' he said. Andrew O'Neill, an executive at the progressive group Indivisible, contrasted that response with the record-long speeches by U.S. Sen. Cory Booker, D-N.J. and the Democratic leader of the U.S. House, New York Rep. Hakeem Jeffries, in eviscerating Trump and his package of tax breaks and spending cuts. The left 'had its hair on fire' cheering those moments, O'Neill recalled, but were 'left even more frustrated in the aftermath.' Trump still secured tax cuts for the wealthy, accelerated deportations and cut safety net programs, just as some of his controversial nominees were confirmed over vocal Democratic opposition. 'Now,' O'Neill said, 'there is some marriage of the rhetoric we've been seeing since Trump's inauguration with some actual action.' O'Neill looked back wistfully to the decision by Senate Democrats not to eliminate the filibuster 'when our side had the trifecta,' so a simple majority could pass major legislation. Democratic President Joe Biden's attorney general, Merrick Garland, he said, was too timid in prosecuting Trump and top associates over the Capitol riot. In 2016, Democratic President Barack Obama opted against hardball as the Senate's Republican leader, Mitch McConnell of Kentucky, refused to consider Obama's nomination of Garland to the Supreme Court. 'These unspoken rules of propriety, especially on the Democratic side, have created the conditions' that enabled Trump, Mitchell said. Even on redistricting, Democrats would have to ignore their previous good-government efforts and bypass independent commissions that draw boundaries in several states, including California. Party leaders and activists rationalize that the broader fights tie together piecemeal skirmishes that may not, by themselves, sway voters. Arguing that Trump diminishes democracy stirs people who already support Democrats, O'Neill said. By contrast, he said, the GOP 'power grab,' can be connected to unpopular policies that affect voters' lives. Green noted that Trump's big package bill cleared the Senate 'by one vote' and the House by a few, demonstrating why redistricting matters. U.S. Rep. Greg Casar of Texas said Democrats must make unseemly, short-term power plays so they can later pass legislation that 'bans gerrymandering nationwide ... bans super PACs (political action committees) and gets rid of that kind of big money and special interest that helped get us to this place.' U.S. Rep. Lloyd Doggett, D-Texas, added that a Democratic majority would wield subpoena power over Trump's administration. In the meantime, said U.S. Rep. Julie Johnson, D-Texas, voters are grasping a stark reality. 'They say, 'Well, I don't know. Politics doesn't affect me,'' she said of constituents she meets. 'I say, 'Honey, it does' If you don't do politics, politics will do you.''
