Ohio Supreme Court Strikes Down Strickland Veto

The Ohio Supreme Court ruled Wednesday that Governor Ted Strickland had no authority to veto a controversial lead paint liability measure that his predecessor wanted to let become law without his signature. In a 5-2 decision, the court ordered Secretary of State Jennifer Brunner to file the act (SB117, 126th General Assembly) and treat it as law. In the ruling, the majority said the ten-day window in which the bill could have been vetoed expired on January 6, before he was sworn in as governor. The court found that the “purported” veto on January 8 – the day Mr. Strickland was sworn in to office – was invalid. Voting in the majority were Chief Justice Thomas Moyer, and Justices Evelyn Lundberg Stratton, Maureen O’Connor, Robert Cupp and Terrence O’Donnell. Dissenting Justices Paul Pfeiffer and Judith Lanzinger.

In the ruling, the majority said the 10-day window in which the bill could have been vetoed started on Dec. 26 – the day the assembly adjourned sine die – and expired on Saturday, Jan. 6, before he was sworn in as governor. The court found that the “purported” veto on January 8 – the day Mr. Strickland was sworn in to office – was invalid.

How the case began: Gov. Bob Taft allowed the lame duck bill (SB117, 126th General Assembly) to become law without his signature early in the year, just prior to the end of his second term. In announcing one of his final actions in office, Mr. Taft said he disagreed with restricting these type of lawsuits but didn’t veto the measure because he supported the separate provisions banning “public nuisance” actions against lead paint companies. Mr. Strickland vetoed the bill on his first day in office, arguing that he could retrieve it from the secretary of state’s office because a 10-day window for such action had not lapsed. Republican legislative leaders filed suit to force Secretary of State Jennifer Brunner to accept the bill as filed by Mr. Taft, and the Supreme Court agreed with the General Assembly’s position.

Secretary Brunner said she would follow the court’s order by sending the bill to the Legislative Service Commission for final processing.