Idaho Supreme Court listens to betting-machine arguments

BOISE, Idaho (AP) – Justices on Idaho's highest court listened to legal arguments on Tuesday over whether lucrative betting machines should remain legal in the state.

The Coeur d'Alene Tribe has maintained that Gov. C.L. “Butch” Otter failed to properly veto a bill that would have outlawed the machines known as instant horse racing terminals. The tribe has filed a petition to the Idaho Supreme Court contending that Secretary of State Lawerence Denney should certify the bill as law because the governor didn't complete the veto within the constitutionally required five-day deadline.

“Nothing is more fundamental to the rule of law than to know with certainty what the law is and how the law is made,” said Deborah Ferguson, a Boise attorney representing the tribe, to the court. “This powerful process essential to our democracy is prescribed by the Idaho Constitution, and it can't be altered with a wink and a nod between branches of government.”

However, Deputy Attorney General Brian Kane countered that the tribe is going after the wrong man, arguing the fault of any error in the veto lies outside of Denney's office. Denney has declined to enforce the bill despite requests from the tribe.

At one point, Justice Daniel Eismann accused Kane of evading questions during a lengthy exchange where the justice pressed Kane on whether Otter had complied with state requirements for vetoed legislation.

While Kane repeatedly said he didn't have an opinion, Eismann interrupted him several times to repeat the question and said, “Are you aware of any compliance? Obviously you will not answer the question. Obviously you're not because you won't answer the question.”

Eisman then asked if a competent attorney would have attempted to find out the answer to the question.

Known as instant horse racing, the machines allow bettors to place wages on prior horse races with no identifiable information. Currently, roughly 250 betting terminals are installed in three locations across the state, but the governor placed a moratorium on installing any more machines when he issued the veto in April.

Instant horse racing has been legal since 2013. Proponents argue the machines are simply the latest technological advance in a legal type of gambling in Idaho. With live horse races no longer attracting the big crowds at Idaho's horse tracks, the machines are seen as vital money makers to help subsidize the industry.

The tribe counters that the machines are cleverly disguised slot machines, which are illegal in Idaho.

Earlier this year, lawmakers sided with the tribe and approved legislation that made the betting machines illegal.

The legislation then went to the governor's desk, but Otter delayed announcing his decision, which went past the five-day window as outlined in Idaho law. Otter told reporters he put off releasing the veto decision because of the Easter weekend.

The Idaho Senate then failed to override the governor's decision but not without submitting three statements into the Senate journal stating that the Senate failed to receive the governor's veto by the required deadline. The letters were submitted by the Senate's President Pro Tem Brent Hill, Minority Leader Michelle Stennett and Secretary Jennifer Novak.