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Veto

Executive Veto Power


Every state constitution empowers the governor to veto bills passed by the legislature.  The power may be limited to rejecting the entire bill, or it may permit item vetoes of particular portions of a bill (usually limited to appropriations; see Line Item Veto).  A few states have expanded the executive's power by authorizing a conditional veto, as in New Jersey, whereby the governor may object to part of a bill and propose amendments that would make it acceptable.  If the legislature adopts the amendments, the bill is resubmitted to the governor for signature.

If the governor vetoes a bill, it must be returned to the house of origin for reconsideration.  To become law, each chamber must repass the bill, usually by a supermajority vote.  In addition to the separation of powers issues presented by line item vetoes, questions arising with the veto process include:

  1. What is the number of days in which the governor must sign or veto the bill?
  2. How is that number computed (when does the "tolling" begin)?
  3. Must a vetoed bill be returned to the legislature when it is actually in session?
  4. Does adjournment by the legislature prevent return of the bill, and if so, when does the time period for signature or veto begin (after presentation of the bill to the governor, after adjournment of the legislature)?

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