After a bill is enacted, the Clerk of the House and Senate, respectively, signs the bill as “enrolled.” After the bill is enrolled, it is presented to the Governor for action. The Governor may sign the bill into law at which time it becomes effective ninety days after the adjournment of the legislative session, unless otherwise specified. Alternatively, the Governor may allow a bill to become law without signature by taking no action on the bill within five consecutive days (excluding Sundays) after the bill has been presented to the Governor.
Veto
The Governor may also exercise a conditional or “pocket” veto of legislation by filing a veto message with the Clerk of the Senate before 11:59 p.m. on the sixth legislative day after presentation of the bill. If the Legislature is not meeting when the Governor’s veto message is filed, the Governor has fourteen calendar days to veto the bill. This veto power extends to appropriations bills or line item vetoes of specific appropriations within an appropriations bill. The Governor may only use the pocket or conditional veto once after the convening of the Second Extraordinary Session of the Sixty-First Legislature in any calendar year.
Override of a Veto
In accordance with the Constitution of West Virginia, the Legislature may vote to override a veto after it reconvenes following receipt of the Governor’s veto message and, if successful, the bill becomes law notwithstanding the Governor’s objections. The overriding votes must be by two-thirds of the membership of each House, provided a quorum is present. The vote on the override must occur on the first legislative day following the first five consecutive calendar days after the Senate receives a veto message. If the bill is not returned after that five-day period, it automatically becomes law.
