Special session of North Dakota Legislature unclear with legal research underway
North Dakota House lawmakers meet during the final hours of the session on May 3, 2025. (Kyle Martin/For the North Dakota Monitor)
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.
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Thrasher, with Bush's backing, was elected to lead the Republican Party of Florida in 2010 after its former chairman, Jim Greer, was forced out amid a probe into the party's finances. Thrasher became speaker in 1998, the same year Bush was first elected — and as Republicans cemented what remains a dominance of state government. Thrasher died Friday morning in Orlando surrounded by his family, according to a statement released by spokeswoman Sarah Bascom. 'The family would like to thank everyone for their well wishes, visits and prayers during the last month and express their deep gratitude for the doctors and nurses who cared for him at Tallahassee Memorial Hospital, Moffitt Cancer Center, Orlando Health and Cornerstone Hospice,' the statement said. In addition to his wife, Thrasher is survived by daughter Jennifer Jordan and her husband, Don; son Jon Thrasher and his wife Millie; and daughter Julie Weinberg and her husband Mark. He also was a 'proud and devoted grandfather' to eight grandchildren, Bascom said in an email. Accolades for Thrasher, who represented parts of Northeast Florida in the Legislature and was fiercely devoted to FSU, poured in after the announcement of his death. Thrasher's bid to become FSU president initially drew some opposition, in part, because of his lack of an academic background. But Thrasher, who as a lawmaker took numerous steps to support the university, such as helping start its medical school, became a widely respected president. Thrasher's presidency, which lasted until 2021, 'marked a period of historic momentum for the university,' according to FSU President Richard McCullough. 'As an alumnus, legislator, trustee and president, he devoted his life to elevating FSU's national reputation and helping the university reach new heights in student success, academic excellence and research,' McCullough said in a statement. 'Jai (McCullough's wife) and I feel incredibly fortunate and blessed to have known him and will always cherish the time we spent together at university events, out on the golf course or sharing a meal. John had a remarkable ability to bring people together with his warmth, humor and unmistakable charm.' Thrasher was 'one of the greatest men I've ever known,' Gus Corbella, a lobbyist who served as director of the House Majority Office during Thrasher's two-year term as speaker, told the News Service in a text. 'He was a mentor to me more than just in public service, but also as a shining example of what a man of integrity, courage and conviction can be in this often challenging world. He was a gentleman of the highest order worthy of every respect accorded to him,' Corbella said. Kathy Mears, who has held a series of high-level staff positions in the Legislature and state government and served as Thrasher's government-relations director at FSU, offered similar praise. 'No words can adequately capture the deserved honor Florida owes to John Thrasher,' Mears said. 'He was a gentleman warrior. He led with quiet strength and firm resolve. He did so much good for so many — as a lawmaker, as a leader, as a mentor, but most of all as a friend.' Gov. Ron DeSantis and First Lady Casey DeSantis also praised Thrasher, who served in Vietnam and was elected to the state House in 1992 from Clay County. After a time out of the Legislature following his term as speaker, Thrasher joined the Senate by winning a special election to succeed the late Jim King, R-Jacksonville, in 2009. 'John was a decorated combat veteran, served the state well as both Speaker of the House and as a Florida senator, and provided great leadership as the president of his alma mater, Florida State University. John lived a remarkable life — and he made a big difference in the lives of so many in our state. We send our condolences to Jean and the entire Thrasher family,' the governor said in a post on X. Thrasher 'made a huge impact' on the state GOP 'from his time in public office to his willingness to step in and chair the party during a difficult time,' Republican Party of Florida Chairman Evan Power said in an X post. 'Florida is better for his service,' added Power, calling Thrasher 'a legend.' Senate President Ben Albritton also lauded Thrasher, who after leaving the House helped found The Southern Group, one of the capital city's most influential lobbying firms. 'Integrity, perseverance, and strength propelled John to success at every level of public service and private industry. His life was rooted in devotion to public service, patriotism, a love of the law, and a passion for education. From the battlefields of Vietnam where he returned as a highly decorated officer, to years of honorable service as speaker of the House, Rules (Committee) chair of the Senate and president of Florida State University, John was regarded by all as a strong, fair leader with unquestionable judgment, timeless principles of honor, and a gentleman all the way through,' Albritton said. The family will hold a private burial for Thrasher in Orange Park. A celebration of life is scheduled on Aug. 19 at Florida State University's Ruby Diamond Concert Hall in Tallahassee. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
