Although Idaho Governor Butch Otter last month vetoed a bill, Senate Bill 1011, that would have banned so-called Instant Racing Machines at the state’s racetracks, the Coeur d’Alene Tribe that sought the law is demanding that the Secretary of State certify the law anyway.
However, Secretary of State Lawrence Denney has declined to act, and says he doubts he has the legal authority to do so.
The tribe earlier this year led efforts to repeal the two-year old law, which authorizes machines that several gaming tribes consider too close to slot machines in appearance, and thus violates their monopoly on such devices.
Three venues, including two racetracks, offer the devices, and the racetracks, Les Bois Park and Greyhound Park Event Center say that their continued financial viability depends on them.
The legislature repealed the bill by a large margin, but Otter vetoed it. Later the Senate failed to overturn the veto. However, Otter delayed the veto long enough that some legal experts speculate that his veto is not legal because he did not return it to the Senate within five days, as required by the state constitution. However, the governor claims that he informed the Senate of his veto by telephone the same day. The tribe is demanding that the Secretary of State, Lawrence Denney, make that determination.
The tribe submitted a six-page legal document to Denney last week, spelling out its legal arguments that he essentially has no choice but to certify the law. “It is not a matter of personal discretion. As a constitutional officer of the state of Idaho, it’s his official duty to follow Idaho law and certify S 1011,” wrote the tribe.
In a press release Tribal Chairman Chief Allan declared, “This isn’t complicated. The governor had five days to veto the bill and instead, he took seven so S. 1011 is the law of the land. The law doesn’t give Secretary Denney a choice in the matter. It is not a matter of personal discretion. As a constitutional officer of the State of Idaho, it’s his official duty to follow Idaho law and certify S. 1011.”
Denney responded, “I don’t personally think that we have the authority to do that.” He predicted an almost certain court battle over the issue. “I think the court is probably the appropriate place to have those questions answered,” he said.
If the law were to be certified all instant racing machines would have to be removed by July 1 of this year.
Ever since the machines were deployed two years ago some opponents have claimed that they violate the state constitution’s ban on slot machines or simulations of slot machines.
Rather than banning the machines, Otter wants to create a moratorium on new ones until he can create a state gaming commission that can adopt rules that would be sensitive to all of those concerned.
