PHILADELPHIA (KYW Newsradio) — The Pennsylvania primary election is next week. There are four questions on the ballot, and two of them involve a potential change in what the state constitution says about the governor’s authority to declare an emergency.
A yes vote on question one would allow a simple majority in the state legislature to overturn a governor’s emergency declaration. Currently, a two-thirds majority is needed to overturn a veto.
“Should one elected official have unilateral power to govern a state of 13 million people or should the 253 senators and legislators also have a voice?" House Majority Leader Kerry Benninghoff (R-Bellefonte) asked.
PEMA Director Randy Padfield says limiting the governor’s emergency powers would limit things like extending expired drivers’ licenses or to issue waivers to allow tele-health, but Padfield says they would not have effected mitigation efforts like mask mandates or business restrictions since those are issued under disease prevention and control laws.
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The second question is related. A yes vote would limit a governor’s disaster declaration to 21 days unless the legislature gives the okay to continue. Currently, a disaster declaration lasts 90 days and can be renewed indefinitely.
“But this says after three weeks, he needs to come to the general assembly and ask for an extension of those powers," said Pennsylvania Senate president pro tempore Jake Corman (R-Bellefonte).
“What happens if the legislature is not in session for an extended period of time, or the magnitude of a future disaster prohibits them from meeting virtually or in person to draft a joint resolution to continue a disaster declaration?” asked Padfield.
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The third question involves an amendment to add protections against discrimination to the state constitution.
The fourth question is a referendum that would allow fire departments with paid personnel and emergency medical services companies to borrow from a state program designed for volunteer companies.
Any registered voter, regardless of party, including independents, can vote on the ballot questions.