Did Secretary of State Violate Ohio Constitution By Returning Unsigned Bill To Governor for Veto?
State ex rel. The Ohio General Assembly et al. v. Jennifer Brunner, Secretary of State of Ohio, Case no. 2007-0209 ISSUE: Under the Ohio Constitution, when the legislature enacts a bill but does not present it to the governor until after the legislative session has been adjourned, and the governor delivers the bill to the Secretary of State without either signing or vetoing it, does the bill become law 10 days after the date on which it was presented to the Governor, or 10 days after the date on which the legislative session was adjourned? BACKGROUND: In this case, a bill enacted during the final days of the 126th Ohio General Assembly, S.B. 117, was presented to outgoing Governor Bob Taft on Dec. 27, 2006, one day after the State Senate adjourned sine die on Dec. 26, thereby ending the legislative session. The bill included provisions barring use of public nuisance lawsuits and capping noneconomic damages that can be recovered from former manufacturers of lead-based paint. Governor Ta
