7.3 Detailed Steps in the Lawmaking Process

Note that for most bills, the Ohio Constitution requires a 90-day wait period before the law can be implemented. During this time, citizens can initiate a referendum to overturn an unpopular law. A referendum is a process that allows citizens to vote directly on a specific issue or question placed on the ballot. However, initiating a referendum is difficult and requires considerable resources, including time, money, and organizational effort. We will learn more about this process in Chapter 21.

Role of Party Caucuses 

Party caucuses are influential throughout the legislative process. These are groups of legislators from the same political party who meet to discuss and plan legislative strategies. A closed-door party caucus meeting can influence the progress of a bill significantly. For example, if the caucus collectively decides to oppose a bill, they can effectively put a stop to it, preventing it from advancing.

The Challenges of Passing Legislation 

Passing legislation is not easy, as your bill can be waylaid at several steps in the process. When your bill is first assigned to a committee, the committee chair has the authority to deny it a committee vote, effectively killing it. Even if your bill receives a vote, other committee members might reject it, resulting in its demise.

If you’re lucky enough for the committee to approve it, they send it to the full chamber (House or Senate). However, both the Speaker of the House and the President of the Senate have the authority to deny your bill a floor vote. A floor vote is taken by the full membership of the House or Senate. Even if your bill receives a floor vote, it could still fail. If it passes, the other chamber must also pass your bill. If that happens, the final version is sent to the Governor, who could veto it. Finally, even if your bill makes it through that gauntlet, it theoretically could face voter opposition through a citizen-initiated referendum.

You now see how difficult it can be to pass legislation.

The Veto and Legislative Override as Checks and Balances 

The principles of checks and balances are fundamental to the Ohio system of governance. They ensure that no single branch of government becomes too powerful, maintaining a balance of power among the legislative, executive, and judicial branches. Checks and balances are used in the lawmaking process, particularly gubernatorial vetoes.

Veto Power 

The veto is a constitutional power granted to the executive branch, allowing the governor to reject a bill passed by the legislature. This power serves as a check on the legislative branch, ensuring that laws are carefully considered and preventing hasty or potentially harmful legislation from being enacted without executive review.

Legislative Override

While the governor can check the legislature’s power to some degree, Ohio allows for the legislature to either prevent or overturn a veto if the bill has received a super majority vote in the General Assembly. Let me tell you more.

A legislative override is a process by which the legislature can overturn a veto issued by the governor. In Ohio, this requires a three-fifths (60%) majority vote in both the House and the Senate. This power acts as a counterbalance to the executive veto, ensuring that the legislature can enact laws even if the executive disagrees, provided there is significant support for the legislation.