Stapleton’s chief legal counsel says Bullock made a mistake and that the law is clear about the outcome of House Bill 132.
The bill to change the state’s definition of wild bison passed out of the Legislature but was vetoed by Bullock in April.
In a court filing Tuesday, Stapleton’s attorney challenged the governor’s office claim that there is no timeline for when a veto must be returned to the Secretary of State's office.
The argument reads, "Recognizing that HB 132 had not been returned by the governor within 10 days after it was received, HB 132 became law."
Attorneys for both executives are expected to argue in a Helena court Wednesday afternoon whether a judge should continue the temporary order blocking Stapleton from enrolling the bill into law. They will also debate whether the secretary should be required to send legislators notice that the bill was vetoed.