The Coeur d’Alene Tribe is prepping for a court fight after Idaho Secretary of State Lawerence Denney said today he won’t comply with the tribe’s legal demand letter asking him to certify SB 1011, the instant racing repeal bill, as law. “It’s disappointing to hear that that’s Secretary Denney’s position, with such a clear mandate under the Constitution and the code,” said Helo Hancock, the tribe’s legislative liaison. “It’s frustrating to see him step back and try to take a back seat to this issue, when he clearly has the responsibility to certify this as law.”

Hancock said, “We are in consultation with our legal counsel and will be exploring our legal options, and I can tell you this: There will be a challenge to this veto.” You can read my full story here at spokesman.com.

State lawmakers two years ago authorized wagering on “historical” horse racing – replays of past races. But they were surprised by the slot machine-like instant racing machines that were installed starting last spring as a result. The repeal bill passed overwhelmingly this year; Gov. Butch Otter vetoed it, but didn’t deliver the vetoed bill back to the Idaho Senate within the five-day limit required by the Idaho Constitution, instead waiting seven days. Senators took a vote on overriding Otter’s veto, but it fell short, getting just a majority, not the required two-thirds supermajority.

At the same time, the Senate placed into the record three letters certifying that it didn’t receive the vetoed bill by the required deadline. If the veto is invalid, the gambling machines would become illegal as of July 1.