Legal Definitions - pocket veto

A pocket veto is a legislative maneuver that allows a president or governor to prevent a bill from becoming law without issuing a formal veto. It can only occur when the legislative body (such as Congress or a state legislature) adjourns its session within the ten-day period (excluding Sundays) after presenting a bill to the executive, and the executive takes no action to sign or veto the bill.

Unlike a regular veto, which can often be overridden by a supermajority vote of the legislature, a pocket veto cannot be overridden because the legislature is no longer in session to reconsider the bill. If the legislature remains in session, a bill automatically becomes law after ten days if the executive takes no action.

• Example 1: Federal Legislation

  Imagine the U.S. Congress passes a complex appropriations bill during the final week before its scheduled holiday recess. The President receives the bill but has significant reservations about certain spending provisions. Rather than issuing a formal veto, which would require sending the bill back to Congress with a veto message and potentially facing an override attempt, the President simply takes no action. If Congress adjourns for its recess on the seventh day after presenting the bill to the President, and the President has not signed it, the bill effectively dies. This is a pocket veto because the President prevented the bill from becoming law by inaction, and Congress is no longer in session to respond.

• Example 2: State-Level Policy

  Consider a state legislature that passes a bill to establish a new environmental regulation. The governor, while generally supportive of environmental protection, believes the bill's specific requirements are overly burdensome for local businesses. The legislature concludes its annual session on the fifth day after sending the bill to the governor. The governor chooses not to sign the bill and allows the ten-day period to expire while the legislature is adjourned. In this scenario, the bill does not become law, illustrating a pocket veto at the state level. The governor avoided a direct confrontation with the legislature while still preventing the bill's enactment.

• Example 3: Strategic Use to Avoid Override

  A President receives a highly popular bill that includes a controversial amendment they strongly oppose. The bill has enough support in Congress that a direct veto would likely be overridden. However, the legislative session is scheduled to end in three days. The President waits for Congress to officially adjourn before the ten-day signing period elapses. By doing so, the President effectively kills the entire bill through a pocket veto, preventing the amendment from becoming law without having to issue a formal veto that would almost certainly be overturned by Congress.