How Can a Bill Become Law After a Pocket Veto?

The process of enacting a bill into law can be complex, especially when a bill is subjected to a pocket veto. Let's explore the two primary methods to overcome this obstacle and ensure a bill becomes a law:

Understanding Pocket Veto

A pocket veto occurs when the president or governor neither signs nor vetoes a bill before the legislative session ends. This means the bill does not become law and is not sent back to the legislature for further consideration. However, it's important to note that there are two viable solutions to bypass a pocket veto and get the bill enacted into law:

The Best Solution: Negotiation

The most effective and preferred method to overcome a pocket veto is through negotiation. This involves approaching the president or governor, either directly or through intermediaries, to discuss the bill's content and potential amendments.

Steps in the Negotiation Process

Identify the Key Stakeholders: Recognize who the main decision-makers are, whether it's the President, Governor, or members of the legislature. Formulate a Proposal: Develop a solution that addresses the concerns of the president or governor and aligns with the bill's objectives. Engage Brokers: Use go-betweens or intermediaries to facilitate the negotiation process. This can include legal counsel, political advisors, or other trusted intermediaries. Agree on New Amendments: Once a consensus is reached, the bill can be revised with the necessary changes and presented again to the legislature. Prompt a New Session: If the legislative session is close to ending, the legislature can be convened for a special session to pass the amended bill. However, this is not the preferred method. Issue an Executive Order: An alternative to a new legislative session is to issue an executive order. This temporary measure can be used while the next legislative session is convened to pass the same bill.

Alternative Solution: Wait It Out

If negotiation fails, another strategy is to wait for the term of the current president or governor to expire. This method involves:

Calculate the Remaining Term: Determine the duration of the remaining term of the current president or governor. Build Leverage: Use this time to build political and social pressure to ensure the next administration is favorable to enacting the bill. Initiate New Negotiations: Once a new administration takes over, re-start negotiations to present the bill in a more favorable environment.

Third Option: Convert the Bill into a Money Bill

In some cases, there is a third option, albeit not guaranteed. This involves converting the bill into a money bill, which can bypass the veto power of the president or governor. This approach:

Grants Flexibility: Provides a certain extent of power to the legislative branch, making it more difficult for the executive branch to veto the bill. Involves Substantial Amendments: Requires significant changes to the bill to ensure it meets the criteria for a money bill. Varies by Jurisdiction: The feasibility of this approach may vary depending on the specific legal and political framework of the governing body.

These strategies, particularly the negotiation method, can significantly improve the chances of a bill becoming law after a pocket veto. It's crucial for lawmakers and stakeholders to adopt a proactive and strategic approach to address legislative challenges effectively.