On May 18, more than 2 million Pennsylvania voters turned out to vote in the primary election. One of the most dramatic results was the passage of two constitutional amendments restricting the governor’s emergency orders, both of which were approved by a majority vote. This makes Pennsylvania the first state in the United States to restrict the governor’s exercise of disaster emergency orders.
The first proposed constitutional amendment is the Legislative Resolution to Extend or Terminate Emergency Declaration Amendment (L.R.A.). 52.97% of voters voted yes, 47.03% voted no.
Current law allows the governor to veto a resolution by the Pennsylvania General Assembly to terminate an emergency order. To override the governor’s veto, two-thirds of the legislators would need to vote in favor of it.
The second proposed constitutional amendment is the Emergency Declaration Amendment (EDA). It would limit the governor’s emergency decree to 21 days, unless the legislature votes on a concurrent resolution to extend it, and the state legislature should pass laws related to how to respond to emergency disasters. 52.93 percent of voters voted yes, 47.07 percent voted no.
Current law allows the governor of Pennsylvania to issue a 90-day emergency order, which can be extended indefinitely.
More than 2 million voters cast ballots for both amendments, with more than 120,000 more votes cast in favor than against them.
The two constitutional amendments were in response to four consecutive 90-day disaster emergency orders issued by Pennsylvania Governor Tom Wolf in response to the Chinese Communist virus (COVID-19): the first was signed on March 6, 2020, just after two suspected plague victims were discovered in Pennsylvania, and has since been extended, and the fourth was renewed on February 19, through May 20. These emergency orders can only be cancelled or extended by the governor himself.
On May 19, Pennsylvania House Speaker Bryan Cutler (D) and House Majority Leader Kerry Benninghoff (D) issued a joint statement on Pennsylvania voters’ endorsement of the Pennsylvania constitutional amendment: “Pennsylvanians exercised their right to vote and firmly reaffirmed their desire for a strong check and balance government. Such checks and balances serve the interests of the people, not the power of the individual.” They advised those who want to use litigation to stop the emergency order amendment, “Please think twice before you ignore the voice of the people.” They said voters don’t want to see emergency orders controlled by the governor alone.
Wolf has voiced opposition to both constitutional amendments, but the governor has no authority to interfere with which proposals lawmakers vote on to amend the state constitution.
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