Idaho Secretary of State Lawerence Denney says he won’t comply with a legal demand letter from the Coeur d’Alene Tribe asking him to certify SB 1011, the instant racing repeal bill, as law. “I don’t think personally that we have any authority to do that,” Denney said this morning. “The Constitution is silent on the duties and the code says it has to be authenticated by the governor, which certainly it was not.” Asked about bills that become law without the governor’s signature, Denney said, “They are authenticated. If you look, HB 75 this year became law without the governor’s signature, but he did send a letter to the House of Representatives saying that it was becoming law without his signature.”

Denney said he’s “sure” there will be a court case over the matter, which involves questions about whether Gov. Butch Otter’s veto of the measure was invalid, because he didn’t return the vetoed bill to the Idaho Senate within the five-day time limit, instead waiting seven days.

“I think my job is more ministerial, and so I don’t think I need to get in the middle of that court case,” Denney said. But asked about how the Secretary of State commonly is named as the defendant in lawsuits against the state, Denney said, “I wouldn’t be surprised.”

He said his chosen course of action – not taking any action, and seeing what happens – came after consultation with the Idaho Attorney General’s office. “They thought that this was the best course,” Denney said. “Really, there are questions, I think, that need to be asked, and questions that I don’t have the forum to ask. So I think the court is probably the appropriate place to have those questions answered.”

Asked about “instant racing” – the slot machine-like gambling machines installed at three Idaho locations this year, including Les Bois Park near Boise, after lawmakers in 2013 legalized wagering on “historical” horse races, or races that had been run in the past – Denney said, “Y’know, I’ve never been a fan of gambling, but I don’t know that it’s really a lot different than what the tribes are doing on their reservations.”