Governors' Veto Power: Can They Stop A Law?

Governors have the authority to veto laws, and this power is often used to pursue policy objectives. All 50 state governors in the US can veto entire legislative measures, and in most states, a bill will become law unless vetoed by the governor within a specified time frame. Governors can also use other types of vetoes, such as line-item, reduction, and amendatory vetoes, to shape legislation. While legislatures can override vetoes, it is a rarely used power, and only about 5% of vetoes are overridden. This introduction provides an overview of the governor's veto power and sets the context for further exploration of the topic.

Governors can veto a whole legislative measure

All 50 state governors in the US have the authority to veto a whole legislative measure. This means that they can block a bill passed by a state legislature from becoming law. Governors can use their veto power to pursue new and revised policies that align with their objectives. They can also use other tools like executive orders, executive budgets, and legislative proposals to achieve their policy goals.

The process of vetoing a bill typically involves the governor returning the bill with their objections to the house where it originated. The house can then reconsider the bill and decide whether to override the veto. In most states, a two-thirds majority vote in both houses is required to override a gubernatorial veto. However, the specific requirements for overriding a veto may vary among states.

It is important to note that the time frame within which a governor must act on a bill is usually specified by state laws. If the governor fails to act within the allotted time, the bill may become law without their signature. This timeframe can vary depending on the state and the circumstances, such as whether it is a regular or special session.

While governors have the power to veto, it is not frequently used. According to political scientists, only about 5% of vetoes are overridden. Nonetheless, there have been notable instances where state legislatures have overridden gubernatorial vetoes, leading to conflicts between the executive and legislative branches.

In summary, governors in the US have the authority to veto a whole legislative measure, and they play a crucial role in shaping state policies and laws. The power to veto provides governors with a tool to influence the legislative process and ensure that laws align with their objectives and the interests of their constituents.

A bill will become law unless vetoed by the governor within a specified time

The time frame within which a governor must veto a bill varies among states. In Virginia, for example, the governor has seven days to act on a bill after it is presented to them. If fewer than seven days remain in the session, the governor has 30 days from the date of adjournment of the regular or special session to act. If the governor does not act on the bill within the specified time, it will become law without their signature.

In most states, a bill will become law unless vetoed by the governor. However, in a smaller number of states, the opposite is true: bills will die unless the governor formally signs them within a specified number of days. This is known as a pocket veto.

The veto override power can play a role in conflicts between state legislatures and governors. A veto override occurs when a legislature votes to reverse a veto issued by a governor. For example, in April 2024, Kentucky lawmakers in the Republican-controlled legislature overrode Gov. Andy Beshear's (D) veto of House Bill 622, which required the governor to sign a proclamation for an election to fill a vacancy in the US Senate.

A bill may die unless the governor formally signs it

The process of a bill becoming a law involves the governor either signing or vetoing the bill. If the governor approves of the bill, they will sign it, and it will become law. However, if the governor objects to the bill, they have the power to veto it by returning the bill with their objections to the house in which it originated. The house can then attempt to override the veto by a two-thirds vote of the members present, including a majority of the members elected to that house. If the veto is overridden, the bill will become law without the governor's signature.

The governor also has the option to recommend specific amendments to the bill. They can return the bill with their recommendations to the house of origin, which will reconsider the bill. If both houses agree to the governor's recommendations, the bill, as amended, shall become law.

It is important to note that the power of a governor to veto a bill is not absolute. While a governor's veto can effectively kill a bill, the legislature may override the veto, usually by a supermajority vote. This occurs when the legislature votes to reverse the governor's veto. According to political scientists, only about five percent of vetoes are overridden, demonstrating the significant influence governors yield in the law-making process.

Legislatures can override vetoes

The power to veto a bill is a key tool available to governors and the president of the United States. However, this power is not absolute, and legislatures can override vetoes.

In some states, such as Idaho, legislatures are prevented from acting on gubernatorial vetoes that occur after the legislature has adjourned. Other states, such as Massachusetts, have rules that allow legislatures to override vetoes in special sessions or during the next regular session. The ability to override a veto can create conflict between state legislatures and governors, but it is rarely used, with only about 5% of vetoes being overridden between 2010 and 2020.

The power to override a veto is not limited to state legislatures. The United States Congress can also override presidential vetoes. Historically, Congress has overridden about 7% of presidential vetoes. Similar to state legislatures, Congress requires a two-thirds majority in both the House and the Senate to override a presidential veto. If Congress is still in session, a bill will become law without the president's signature if it is not signed within ten days. However, if Congress adjourns before the ten days have passed, the bill fails to become law, which is called a "pocket veto".

Governors can recommend amendments to a bill

All 50 state governors in the US have the power to veto whole legislative measures. In most states, a bill will become law unless it is vetoed by the governor within a specified number of days. This time frame varies among states. In a smaller number of states, bills will not become law unless the governor formally signs them within a specified number of days. This is known as a "pocket veto".

In addition to the veto power, governors can also use other types of vetoes such as "line-item", "reduction", and "amendatory". The "line-item" veto allows governors to strike a general item from a piece of legislation. With a "reduction" veto, a governor can delete a budget item. The "amendatory" veto allows governors to revise legislation.

However, governors can also recommend amendments to a bill. If the governor chooses to do so, they return the bill with their recommendation to the house in which it originated. The house then enters the governor's recommendation into its journal and reconsiders the bill. If both houses agree to the governor's entire recommendation, the bill, as amended, becomes law.

The process of recommending amendments to a bill is similar to the process of vetoing a bill. The governor has a set number of days to act on the bill after it is presented to them. If the governor does not act on the bill within the allotted time, it becomes law without their signature. If the governor chooses to recommend amendments, they return the bill with their recommendations to the house in which it originated. The house then follows the same procedure as it would for a vetoed bill. The governor then has the option to either sign or veto the bill returned to them from a reconvened session.

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