Consideration of Governor’s Vetoes by the California Legislature

Once a bill is vetoed by the Governor, how long until it must be considered by the Legislature? Obviously, the Governor may sign a bill into law, or veto the bill, thereby preventing the bill from becoming a law.

Article IV, Section 10(a) provides: “Each bill passed by the Legislature shall be presented to the Governor. It becomes a statute if it is signed by the Governor. The Governor may veto it by returning it with any objections to the house of origin, which shall enter the objections in the journal and proceed to reconsider it. If each house then passes the bill by rollcall vote entered in the journal, two-thirds of the membership concurring, it becomes a statute.”

As a result, the state Constitution allows the Governor to veto a bill by returning the bill to its house of origin along with a statement of objections to the bill. The Legislature can then consider and ultimately enact a bill over the Governor’s veto if two-thirds of both houses vote to override the veto.

In addition, Joint Rule 58.5, concerning vetoes, provides that “the Legislature may consider a Governor’s veto for only 60 days, not counting days when the Legislature is in joint recess.” Therefore, once the Legislature adjourns for the interim recess (during the first year of session) or the final recess (during the second year of session), the 60-day period does not begin until the Legislature reconvenes.