What if a bill is vetoed?

Under Article II, Section 22 of the Constitution, North Carolina Governor Mike Easley has 30 days after adjournment of the legislative session on July 18, 2008 to act on all pending bills, with July 19 being day one.   The 30-day period concludes at midnight, Sunday, August 17, 2008.  Any bills not acted on by the deadline become law on Monday, August 18, 2008.

If a bill is vetoed before the deadline for action, the Governor must reconvene the session to consider an override, unless a majority of the members of each house sign a statement that a reconvened session is not necessary.  The session can be held at any time after the veto, but it must convene not later than Wednesday, August 27, 2008, the 40th day after adjournment.

Here are the applicable constitutional provisions:

 Article II, Section 22(7) of the North Carolina Constitution states in pertinent part that if the Governor vetoes a bill after adjournment:

“When the General Assembly has adjourned sine die … Governor shall reconvene that session … for reconsideration of the bill, and if the Governor does not reconvene the session, the bill shall become law on the fortieth day after such adjournment. Notwithstanding the previous sentence, if the Governor prior to reconvening the session receives written requests dated no earlier than 30 days after such adjournment, signed by a majority of the members of each house that a reconvened session to reconsider vetoed legislation is unnecessary, the Governor shall not reconvene the session for that purpose and any legislation vetoed in accordance with this section after adjournment shall not become law.”

Article III, Section 5(11) of the North Carolina Constitution states in pertinent part:

(11)      Reconvened sessions … At such reconvened session, the General Assembly may only consider such bills as were returned by the Governor to that reconvened session for reconsideration.  Such reconvened session shall begin on a date set by the Governor, but no later than 40 days after the General Assembly adjourned… sine die”



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