Gov. Earl Ray Tomblin
CHARLESTON, W.Va. — As expected, Gov. Earl Ray Tomblin on Tuesday vetoed a bill banning late-term abortions in West Virginia, citing constitutional concerns, an action that sets the stage for the first legislative override of a gubernatorial veto in nearly 28 years.
In his veto message, Tomblin wrote, “As reflected in my voting record during my time in the Legislature, I believe there is no greater gift of love than the gift of life. As governor, I must take into consideration a number of factors when reviewing legislation, including its constitutionality.
“At the start of the regular session, I urged members of the Legislature to consider a compromise that would help us establish legislation that would pass constitutional muster. Having received a substantially similar bill to the one vetoed last year on constitutional grounds, I must veto House Bill 2568.”
The governor does not plan any additional comment on the veto at this time, his office said.
House Speaker Tim Armstead, R-Kanawha, said Tuesday morning that a House of Delegates vote to override the veto would be imminent, but said House attorneys were reviewing how the motion is to occur procedurally. The House has to take up the veto message first.
As of Tuesday evening, House Majority Leader Daryl Cowles, R-Morgan, said the override vote is slated for today.
Under the state Constitution, overriding a gubernatorial veto for all bills except the state budget bill requires a simple majority vote of both houses, which would appear to be a given, since the abortion ban originally passed the House on a 87-12 vote, and passed the Senate by a 29-5 margin.
According to the Legislative Office of Reference and Information, and Gazette archives, the last time the Legislature overrode a governor’s veto was on May 29, 1987…
