Constitutional Law

Did Maine governor flub pocket veto? Misstep will allow 19 bills to become law, Democrats say

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Nineteen bills may become law in Maine despite opposition by Republican Gov. Paul LePage because he botched an attempt at a pocket veto, according to some Democrats and the American Civil Liberties Union of Maine.

Among the bills that may become law is legislation that allows asylum seekers to receive general assistance for up to two years, report the TPM, the Portland Press Herald, the Bangor Daily News, and a Bangor Daily News op-ed by Democratic consultant David Farmer.

The Maine Constitution provides that bills which are not signed or vetoed by the governor within 10 days, Sundays excluded, will become law—unless the legislature is “adjourned.” Democrats say the legislature recessed on June 30, but didn’t adjourn, and the bills will become law.

LePage’s office, however, says the legislature did adjourn, and he will return the vetoed bills to lawmakers the next time they meet, as allowed by the constitutional provision. It reads:

“If the bill or resolution shall not be returned by the governor within 10 days (Sundays excepted) after it shall have been presented to the Governor, it shall have the same force and effect as if the Governor had signed it unless the Legislature by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within 3 days after the next meeting of the same Legislature which enacted the bill or resolution; if there is no such next meeting of the Legislature which enacted the bill or resolution, the bill or resolution shall not be a law.”

LePage confirmed his veto plan to reporters, according to the Portland Press Herald. Asked about claims that the bills are already law, LePage replied, “We’ll go to the courts and we’ll ask them,” LePage said. “It’s in the constitution … It’s very clear—very, very clear. Even I can understand it and I’m French.”

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