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Ohio Legislature Overrides DeWine’s Veto, Allowing Lawmakers To Rescind Health Orders

Andy Chow, Statehouse News Bureau |

The Ohio House and Ohio Senate have voted to override Gov. Mike DeWine’s (R-Ohio) veto of Senate Bill 22. The move can enact a law that weakens the authority of a governor’s orders and state of emergency declarations.

The Senate approved the override by a vote of 23-10 and the House approved the override with a vote of 62-35. The breakdown was mostly along party lines, with only three Republicans voting with Democrats against the override.

The bill limits a state of emergency to 90 days, gives lawmakers authority to terminate a state of emergency after 30 days, and allows them to terminate orders coming out of that emergency, all through a resolution. For example, health orders issued under the current state of emergency include last year’s Stay-At-Home order and the current mask mandate.

The Legislative Service Commission, a nonpartisan entity that researches and drafts bills for lawmakers, said in its analysis that there are constitutional questions about rescinding a governor’s order by concurrent resolution, and the bill could violate separation of powers if it is attempting to give the General Assembly a legislative veto authority.

The bill does not go into effect for another 90 days. DeWine has said the legislation could likely be challenged in court.

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