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Bennett v. Napolitano12/4/2003
nsiders the most important, to vote for others of which he disapproves." Id. at 214-15, 36 P.2d at 552.
Moreover, single subject violations create a separate problem, equally serious, in connection with the governor's veto power. A governor presented with a multi-subject bill inevitably faces a "Hobson's choice." She must either veto the entire bill, including the measures she supports, or accept the entire bill, including the measures she opposes. In addition, lumping multiple subjects in the same bill tends to undermine the legislative process by stifling valuable debate within government's most important forum of persuasion and policymaking, the legislature.
The issue is whether the governor is authorized to item veto provisions of the ORBs. The problem arises because the relevant ORBs address multiple subjects. Had the legislature addressed these subjects in separate bills, there would be no need to determine whether they were or were not appropriations. Thus, the problem we face is in part created by apparent non-adherence to the single subject rule in the legislative process.
We understand that failure to adhere to the single subject rule does not validate improper use of the governor's veto power. But at the least, we are also reluctant to confront the parameters of that power in a case in which there are also legitimate questions about whether the ORBs themselves are constitutional. Thus, any decision on our part holding that executive misuse of the veto power occurred under Article V would of necessity require that we simultaneously validate legislation which appears to conflict with the single subject rule of Article IV. There can be no virtue in that result.
III. CONCLUSION
We hold, based on the facts presented, that petitioners lack standing to challenge the governor's vetoes made in connection with the legislative budget package for fiscal year 2004. Although we may waive the standing requirement in an exceptional case, we decline to do so here.
The record contains evidence that a measure of accountability for the current dispute can properly be assessed against both sides. Thus, in summary, even where instances of misuse of the governor's veto power may be present as alleged, the record also reflects what appear to be non-recurring instances of unconventional budget structuring, failure to attempt legislative override or to obtain authorization to maintain the action, and numerous apparent violations of the single subject rule in the ORBs. Accordingly, notions of restraint prompt us to abstain from further consideration of this matter. Relief is denied.
Charles E. Jones, Chief Justice
CONCURRING:
Ruth V. McGregor, Vice Chief Justice
Rebecca White Berch, Justice
Michael D. Ryan, Justice
Andrew D. Hurwitz, Justice
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