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Constitution of the State of Georgia

Article V. EXECUTIVE BRANCH · Article V. EXECUTIVE BRANCH · Section II. DUTIES AND POWERS OF GOVERNOR

Art. V, Sec. II, Para. IV. Veto power.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

  1. Except as otherwise provided in this Constitution, before any bill or resolution shall become law, the Governor shall have the right to review such bill or resolution intended to have the effect of law which has been passed by the General Assembly. The Governor may veto, approve, or take no action on any such bill or resolution. In the event the Governor vetoes any such bill or resolution, the General Assembly may, by a two-thirds’ vote, override such veto as provided in Article III of this Constitution.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Cross references

Veto effective against bills passed by two-thirds vote of General Assembly, Ga. Const. 1983, Art. III, Sec. V, Para. XI. Veto ineffective against proposed Constitution changes, Ga. Const. 1983, Art. X, Sec. I, Para. V. Effective date of Acts, §§ 1-3-4, 1-3-4.1.

Law reviews

For article, ‘‘History of the Veto Power in Georgia,’’see 8 Ga. St. B.J. 513 (1972).

Other notes

1976 Constitution.
Art. V, Sec. II, Paras. VI, VII.
comes operative from that date.
Walker v. City of Rome, 16 Ga. App. 817, 86 S.E. 658 (1913). graph as affecting time of expression
Approval by operation of this paraof legislative intent.
An Act not approved by the Governor, but which became effective by operation of this paragraph on April 12, must be considered as being a later expression of the legislative intent than an Act passed at the same session, approved on April 10 of the same year, the effective date of which was July 1 of the next year. Gunn v. Balkcom, 228 Ga. 802, 188 S.E.2d 500 (1972) (see Ga. Const. 1983, Art. V, Sec. II, Para. IV). sistent Acts passed on same day controls. Wright v. Overstreet, 122 Ga. 633, 50 S.E. 487 (1905); County of Butts v. Strahan, 151 Ga. 417, 107 S.E. 163 (1921). Right to veto bill after adjournment
Last approved Act of several inconbased on practice of past executives.
Solomon v. Commissioners of Cartersville, 41 Ga. 157 (1870); Temple Baptist Church v. Georgia Term. Co., 128 Ga. 669, 58 S.E. 157 (1907). Publication of Act in newspaper is unnecessary. Epstin v. Levenson & Co., 79 Ga. 718, 4 S.E. 328 (1887). Cited in Maddox v. Fortson, 226 Ga. 71, 172 S.E.2d 595 (1970); Keener v. MacDougall, 232 Ga. 273, 206 S.E.2d 519 (1974).
Veto power does not permit Gover-Effect of partial approval of appropriation bill.
The Governor may approve or disapprove any part of an appropriation bill, even though they all are included in the same Act; the parts given approval will be valid and the parts disapproved will be invalid. 1945-47 Op. Att’y Gen. p. 628.
Limitation on veto of individual appropriations.
The Governor’s power to veto individual appropriations does not include the power to reduce an appropriation. 2000 Op. Att’y Gen. No. 2000-2.
Am. Jur. 2d.
73 Am. Jur. 2d, Statutes, § 30 et seq.
C.J.S.
82 C.J.S., Statutes, § 54 et seq.
ALR.
Vote necessary to pass bill over veto, 2 ALR 1593. Computation of time allowed for approval or disapproval of bill by governor, 54 ALR 339. Power of executive to sign bill after adjournment, or during recess of Legislature, 64 ALR 1468. Is Sunday to be included in computation of period within which bill must be presented to governor?, 71 ALR 1363. Validity and effect of provision of appropriation bill subjecting expenditure or payment of amounts appropriated to approval of Governor or other officer not otherwise authorized, 91 ALR 1511. Disapproval by governor of a bill in part or approval with modifications, 99 ALR 1277. Validity of veto as affected by failure to give reasons for vetoing or objections to measure vetoed, 119 ALR 1189. Failure of Governor to sign bill until after the date at which it is to become effective, 146 ALR 693.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, pages 970 to 971; merge action: annotated; file SHA-256 1b27199d8655.