Pennsylvania Question 2, Emergency Declarations Amendment (May 2021)
Pennsylvania Question 2 | |
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Election date May 18, 2021 | |
Topic State executive official measures | |
Status![]() | |
Type Constitutional amendment | Origin State legislature |
2021 measures |
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May 18 |
Pennsylvania Question 1 ![]() |
Pennsylvania Question 2 ![]() |
Pennsylvania Question 3 ![]() |
Pennsylvania Question 4 ![]() |
Polls |
Voter guides |
Campaign finance |
Signature costs |
Pennsylvania Question 2, the Emergency Declaration Amendment, was on the ballot in Pennsylvania as a legislatively referred constitutional amendment in May 18, 2021. It was approved.
A "yes" vote supported this constitutional amendment to limit the governor's emergency declaration to 21 days unless the legislature votes on a concurrent resolution to extend the order and provide that the state legislature shall pass laws related to how disaster emergencies must be managed. |
A "no" vote opposed this constitutional amendment, meaning the governor would continue to be allowed to issue emergency declarations without a legislative vote after 21 days. |
Election results
Pennsylvania Question 2 |
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Result | Votes | Percentage | ||
1,174,528 | 51.97% | |||
No | 1,085,371 | 48.03% |
Overview
What did this ballot measure change?
The ballot measure added a new section to the Pennsylvania Constitution addressing disaster emergencies, including public health emergencies, natural disasters, and other types of emergencies. The ballot measure added the following provisions:[1]
- defined the governor's power to use executive orders and proclamations to declare emergencies;
- provided that the state legislature shall pass laws related to how disaster emergencies must be managed; and
- limited the governor's declaration to 21 days unless the legislature votes on a concurrent resolution to extend the order.
In June 2020, the General Assembly passed a concurrent resolution to terminate Gov. Tom Wolf's (D) coronavirus emergency declaration. Lyndsay Kensinger, a spokesperson for Gov. Wolf, said, "The disaster proclamation has not been terminated by the House or Senate’s actions. Only the governor can terminate the disaster emergency."[2] On July 1, 2020, the Pennsylvania Supreme Court ruled that the governor could veto the concurrent resolution. According to the Pennsylvania Supreme Court, there are three exceptions that do not require the governor's signature—legislative adjournment, internal affairs of the legislature, and constitutional amendment ballot measures.[3] On July 14, Gov. Wolf vetoed the resolution, which would have required a legislative two-thirds vote to overturn.[4]
The Pennsylvania State Legislature referred two constitutional amendments to the ballot, including Question 2. The second constitutional amendment, Question 1, allowed the legislature to pass a resolution, which the governor cannot veto, by a simple majority vote to extend or terminate the governor's emergency declaration.
On May 4, 2021, Gov. Wolf announced that COVID-related mitigation restrictions and regulations, except for masking, would be lifted on May 31, 2021. The announcement stated that the masking requirement would be lifted once 70% of residents ages 18 or older are fully vaccinated.[5] On May 13, the state announced that vaccinated persons no longer needed to wear masks outdoors or indoors.[6]
Text of measure
Ballot title
The ballot title was as follows:[7]
“ |
Shall the Pennsylvania Constitution be amended to change existing law so that: a disaster emergency declaration will expire automatically after 21 days, regardless of the severity of the emergency, unless the General Assembly takes action to extend the disaster emergency; the Governor may not declare a new disaster emergency to respond to the dangers facing the Commonwealth unless the General Assembly passes a concurrent resolution; the General Assembly enacts new laws for disaster management?[8] |
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Ballot summary
The ballot summary was as follows:[7]
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Constitutional changes
- See also: Article IV, Pennsylvania Constitution
The measure would added a Section 20 to Article IV of the Pennsylvania Constitution. The following underlined text was added:[1]
Note: Hover over the text and scroll to see the full text.
§ 20. Disaster emergency declaration and management.
(a) A disaster emergency declaration may be declared by executive order or proclamation of the governor upon finding that a disaster has occurred or that the occurrence or threat of a disaster is imminent that threatens the health, safety or welfare of this commonwealth.
(b) Each disaster emergency declaration issued by the governor under subsection (a) shall indicate the nature, each area threatened and the conditions of the disaster, including whether the disaster is a natural disaster, military emergency, public health emergency, technological disaster or other general emergency, as defined by statute. The general assembly shall, by statute, provide for the manner in which each type of disaster enumerated under this subsection shall be managed.
(c) A disaster emergency declaration under subsection (a) shall be in effect for no more than twenty-one (21) days, unless otherwise extended in whole or part by concurrent resolution of the general assembly.
(d) Upon the expiration of a disaster emergency declaration under subsection (a), the governor may not issue a new disaster emergency declaration based upon the same or substantially similar facts and circumstances without the passage of a concurrent resolution of the general assembly expressly approving the new disaster emergency declaration.[8]
Readability score
- See also: Ballot measure readability scores, 2021
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Pennsylvania Secretary of State wrote the ballot language for this measure.
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Support
Supporters
Officials
- State Sen. Mike Regan (R)
- Senate Majority Leader Kim Ward (R)
- House Majority Leader Kerry Benninghoff (R)
- State Rep. Russell Diamond (R)
- State Rep. Joe Hamm (R)
- State Rep. Aaron Kaufer (R)
Former Officials
- Former U.S. Rep. Ryan Costello (R)
Organizations
- Americans for Prosperity
- Commonwealth Foundation
Individuals
- Jeff Bartos (R) - U.S. Sen. Candidate
Arguments
Opposition
Opponents
Officials
- U.S. Rep. Dwight Evans (D)
- Gov. Tom Wolf (D)
- Senate Minority Leader Jay Costa (D)
- State Rep. Eddie Day Pashinski (D)
- Allegheny County Executive Rich Fitzgerald (D)
- Lt. Gov. John Fetterman (D)
Political Parties
Organizations
Arguments
Campaign finance
Ballotpedia has not identified ballot measure committees registered to support or oppose the ballot measure.[9]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Satellite spending
- See also: Satellite spending
There were at least two 501(c) nonprofit organizations that spent funds to advertise in support of Question 1 and Question 2.
- Americans For Prosperity (AFP), a 501(c)(4) organization, spent about $50,000 on social media advertisements, canvassing, and other materials, as well as a website called Final Say PA.[10] AFP supported Question 1 and Question 2.
- The Commonwealth Foundation, a 501(c)(3) organization, spent about $100,000 on television advertisements.[10] The Commonwealth Foundation supported Question 1 and Question 2.
Media editorials
Support
The following media editorial boards published an editorial supporting the ballot measure:
Opposition
The following media editorial boards published an editorial opposing the ballot measure:
Background
Conflict between governor and legislature on COVID orders
On March 6, 2020, Gov. Tom Wolf signed an emergency disaster declaration following the first two presumptive positive cases of COVID-19 in Pennsylvania.[11] He ordered the closure of non-life-sustaining businesses across the state on March 19.[12] Officials at first issued stay-at-home orders at the county level rather than issuing one order statewide. On April 1, Gov. Wolf extended the stay-at-home order to all 67 counties in the state.[13] Pennsylvania's stay-at-home order expired June 4.[14]
In June 2020, the Pennsylvania General Assembly passed a concurrent resolution to terminate the governor's coronavirus emergency declaration. Senate and House Republicans, along with three Senate Democrats and 12 House Democrats, supported the termination resolution. Rep. Russell Diamond (R-102) was the resolution's lead sponsor.[15] Mike Straub, a spokesperson for House Republicans, said that the resolution did not need the governor's signature. "This will not go to Wolf. The declaration is over, and it will be published in the Pennsylvania bulletin," said Straub.[16] Lyndsay Kensinger, a spokesperson for Gov. Wolf, said, "The disaster proclamation has not been terminated by the House or Senate’s actions. Only the governor can terminate the disaster emergency."[17]
On July 1, 2020, the Pennsylvania Supreme Court ruled that the governor could veto the concurrent resolution. According to the Pennsylvania Supreme Court, the state constitution requires all concurrent resolutions to be presented to the governor for approval or veto except for resolutions on legislative adjournment, internal affairs of the legislature, and constitutional amendment ballot measures.[18]
On July 14, Gov. Wolf vetoed the resolution.[19] The state House voted on the governor's veto on September 2, 2020, but the vote fell short of the two-thirds requirement to overturn a veto.[20]
Legislative power to terminate governor's declaration by state
The following map illustrates which state legislatures can terminate a governor's emergency declaration. Note that vote numbers are not recorded in the map. In Pennsylvania, for example, a two-thirds legislative vote could be required to terminate a governor's emergency declaration, assuming the governor vetos the resolution passed by at least a simple majority.[21][22][23]
Legislature required to vote on declaration
The legislatures of four states—Alaska, Kansas, Michigan, and Minnesota—are required to vote on extending or terminating a governor's emergency declarations.[21][22]
- In Kansas, the legislature must vote to extend or terminate the governor's emergency order within 15 days after it is first issued.
- In Michigan, the legislature must vote on the emergency order within 28 days.
- In Alaska and Minnesota, the legislatures must vote to extend or terminate the governor's emergency order within 30 days.
Constitutional amendments in Pennsylvania
In Pennsylvania, the state legislature can propose amendments to the state constitution. Between 1995 and 2020, the state legislature referred 14 constitutional amendments to the ballot. All 14 of the constitutional amendments were approved. As of 2020, voters last rejected a constitutional amendment in 1989. The following chart illustrates trends in constitutional amendments on the ballot in Pennsylvania:
Constitutional amendments on the ballot in Pennsylvania, 1995-2020 | |||||||||
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Total number | Approved | Percent approved | Defeated | Percent defeated | Odd-year average | Odd-year median | Odd-year minimum | Odd-year maximum | |
14 | 14 | 100% | 0 | 0% | 0.5 | 0.0 | 0 | 3 |
Path to the ballot
Amending the Pennsylvania Constitution
- See also: Amending the Pennsylvania Constitution
In Pennsylvania, a simple majority vote is required in two successive sessions of the Pennsylvania General Assembly to place a constitutional amendment on the ballot.
2019-2020 legislative session
The constitutional amendment was introduced into the Pennsylvania General Assembly as Senate Bill 1166 (SB 1166) during the 2019-2020 legislative session. SB 1166 included three ballot measures to amend the Pennsylvania Constitution—the Equal Rights Regardless of Race or Ethnicity Amendment, the Governor's Emergency Declaration Amendment, and the Legislative Resolution to Extend or Terminate Emergency Declaration Amendment.[24]
The original version of SB 1166 addressed emergency powers. Sen. Vincent Hughes (D-7) proposed that SB 1166 also include a constitutional amendment addressing equality of rights regardless of race or ethnicity. The full Senate voted to add the amendment to SB 1166.[25]
On July 14, 2020, the state House of Representatives voted 115-86 to pass SB 1166. On July 15, 2020, the state Senate voted 33-17 to pass SB 1166.[24]
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2021-2022 legislative session
The three-amendment resolution was reintroduced into the state legislature as Senate Bill 2 (SB 2) during the 2021-2022 legislative session.[26]
On January 26, 2021, the Pennsylvania State Senate voted 28 to 20 to pass the legislation. On February 5, 2021, the Pennsylvania House of Representatives voted 116 to 86 to pass the legislation. With approval during two legislative sessions, the three constitutional amendments were referred to the ballot.[26]
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How to cast a vote
- See also: Voting in Pennsylvania
Click "Show" to learn more about voter registration, identification requirements, and poll times in Pennsylvania.
How to cast a vote in Pennsylvania | |||||
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Poll timesIn Pennsylvania, all polls are open from 7 a.m. to 8 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[27] Registration
To register to vote in Pennsylvania, an applicant must be a citizen of the United States for at least one month before the next election, a resident of the district in which he or she is registering for at least 30 days before the next election, and at least 18 years old by the day of the next election.[28] The deadline for registering to vote is 15 days before the election.[28] Registration can be done online, in person, or by mail. Prospective voters can register in person at the county voter registration office or at a number of state agencies, including Pennsylvania Department of Transportation centers. The Pennsylvania voter registration application is available online and can be mailed to the county voter registration office.[29] On September 19, 2023, Pennsylvania Gov. Josh Shapiro (D) announced that the state had implemented automatic voter registration.[30]
Automatic registrationPennsylvania practices automatic voter registration.[31] Online registration
Pennsylvania implemented an online voter registration system in 2015.[32] Residents can register to vote by visiting this website. Same-day registrationPennsylvania does not allow same-day voter registration. Residency requirementsProspective voters must be residents of the district in which they are registering for at least 30 days before the next election. Verification of citizenshipPennsylvania does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[33] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe Pennsylvania Department of State allows residents to check their voter registration status online by visiting this website. Voter ID requirementsPennsylvania does not generally require voters to present identification while voting. However, a voter who is voting at a polling place for the first time must present identification.[34] Voters can present the following forms of identification. This list was current as of October 2024. Click here to ensure you have current information.
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See also
External links
Footnotes
- ↑ 1.0 1.1 Pennsylvania State Legislature, "Senate Bill 1166," accessed July 16, 2020
- ↑ WHYY, "The Pa. legislature approved a resolution ending Wolf’s coronavirus emergency declaration. What happens now?" June 10, 2020
- ↑ Pennsylvania Supreme Court, "Wolf et al. v. Scarnati et al.," July 1, 2020
- ↑ Patch, "Gov. Wolf Vetoes COVID-19 Resolution, Signs 6 New Laws," July 14, 2020
- ↑ Pennsylvania Department of Health, "Wolf Administration to Lift Mitigation Orders On Memorial Day, Masking Order Once 70% Of Pennsylvania Adults Fully Vaccinated ," May 4, 2021
- ↑ Pennsylvania Department of Health, "Department Of Health Mask Order Reflects Latest CDC Guidance For Fully Vaccinated Individuals," May 13, 2021
- ↑ 7.0 7.1 Pennsylvania Department of State, "Proposed Amendments to the Constitution of Pennsylvania," accessed February 24, 2021
- ↑ 8.0 8.1 8.2 8.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ Pennsylvania Department of State, "Campaign Finance," accessed February 9, 2021
- ↑ 10.0 10.1 City & State Pennsylvania, "Conservatives hold spending advantage on ballot question messaging," May 18, 2021
- ↑ Pennsylvania Governor, "Gov. Wolf Signs COVID-19 Disaster Declaration to Provide Increased Support for State Response," March 6, 2020
- ↑ Pennsylvania Governor, "Governor Orders Closure of Non-Life-Sustaining Businesses," March 19, 2020
- ↑ WGAL, "Gov. Tom Wolf places all of Pennsylvania under stay-at-home order," April 1, 2020
- ↑ WGAL, "Pennsylvania stay-at-home order ends; governor expected to announce more counties can move to green phase," accessed June 7, 2020
- ↑ Pennsylvania General Assembly, "House Resolution 836," accessed February 1, 2021
- ↑ WITF, "Pa. legislature passes resolution to revoke Gov. Wolf’s coronavirus emergency order," June 9, 2020
- ↑ WHYY, "The Pa. legislature approved a resolution ending Wolf’s coronavirus emergency declaration. What happens now?" June 10, 2020
- ↑ Pennsylvania Supreme Court, "Wolf et al. v. Scarnati et al.," July 1, 2020
- ↑ Patch, "Gov. Wolf Vetoes COVID-19 Resolution, Signs 6 New Laws," July 14, 2020
- ↑ Fox 43, "House fails to override Governor Wolf's veto, end COVID-19 disaster declaration," September 2, 2020
- ↑ 21.0 21.1 NCSL, "Legislative Oversight of Emergency Executive Powers," February 12, 2021
- ↑ 22.0 22.1 Maine Policy Institute, "Scoring Emergency Executive Power in All 50 States," accessed February 15, 2021
- ↑ State Legislative Leaders Foundation, "A Summary State Legislative Powers Relative to Declarations of Emergency in the Fifty States," May 18, 2020
- ↑ 24.0 24.1 Pennsylvania General Assembly, "SB 1166 Overview," accessed July 16, 2020
- ↑ WITF, "Two for the price of one: Pair of proposed amendments to state constitution head to Pa. House," June 29, 2020
- ↑ 26.0 26.1 Pennsylvania State Legislature, "Senate Bill 2," accessed February 5, 2021
- ↑ Department of State, “First Time Voters,” accessed March 21, 2023
- ↑ 28.0 28.1 Department of State, “Voter Registration Application,” accessed March 21, 2023
- ↑ Department of State, “Contact Your Election Officials,” accessed March 21, 2023
- ↑ Commonwealth of Pennsylvania, "Governor Shapiro Implements Automatic Voter Registration in Pennsylvania, Joining Bipartisan Group of States That Have Taken Commonsense Step to Make Voter Registration More Streamlined and Secure," September 19, 2023
- ↑ NBC, "Pennsylvania rolls out automatic voter registration," September 19, 2023
- ↑ The Patriot-News, “Thousands take advantage of new online voter registration in Pennsylvania,” September 2, 2015
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Department of State, "First Time Voters," accessed March 21, 2023
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