Ballot Questions On Curbing Gov. Wolf's Powers: What To Know

PENNSYLVANIA — One of the most controversial issues in state politics that arose during the pandemic will take center stage in the upcoming primary in Pennsylvania: how much unilateral power should the governor have in emergencies?

The bizarre and unprecedented circumstances of the past year — ranging from multiple levels of the government's coronavirus response to social upheaval surrounding the election and issues of racial justice — has brought renewed focus on governance and the mechanisms by which leaders can effect policy at the state level.

Republicans have made the issue a touchstone of their anti-Wolf campaigns over the past year, and have sought to rally virus fatigue and frustrations over the economic shutdown into public support for measures that would limit what the office of the governor is able to do. Specifically, they want to limit what the governor can do without the approval of the state legislature.

Of course, Wolf is only in office through 2022. Should the ballot measures pass, the restrictions would be in place for whoever the next governor is, whether that person be a Democrat or Republican.

Thus enters the 2021 Pennsylvania primary, coming up on May 18. Four questions are on the ballot, and two of them relate to the governor's powers. A "yes" vote from the public would take these powers away.

Here's a closer look at the questions:

"Emergency Declarations"

The "Emergency Declarations" constitutional amendment is simple and straightforward: it would require that any emergency declaration from the governor's office require approval from the state legislature if it extends beyond 21 days.

The state legislature is under Republican control in Pennsylvania and has been for some time.

Wolf and most Democrats have defended his emergency powers as vital during the pandemic, when they argued that life-saving decisions needed to be made swiftly and apolitically.

"Legislative Resolution to Extend or Terminate Emergency Declaration"

The second proposed amendment puts more power in the hands of the state legislature. It empowers the house to terminate (or extend) an emergency declaration from the governor's office by passing a resolution.

If both of these measures were passed, it would effectively strip the governor of the tool that has enabled him to get around the total Republican control of the general assembly. With the governor's emergency declarations subject to this approval, Republicans would, in the short term at least, gain even greater control over Harrisburg.

Supporters of the curb

This is hardly the first attempt to have Wolf's shutdown measures ruled unconstitutional. These efforts were even briefly successful last year before being overruled by a higher court.

In September, Judge William Stickman IV of the U.S. District Court in Pittsburgh ruled against Wolf and state Health Secretary Dr. Rachel Levine in a lawsuit filed by multiple parties that included hair salons, drive-ins and several Republican elected officials.

The ruling came two weeks after a federal judge in Philadelphia threw out a similar challenge to the business closure order. The judge said no business owner's constitutional rights were violated because the imposed restrictions were temporary.

"Our Founding Fathers designed a republic with three co-equal branches of government, all designed to provide checks and balances on one another," GOP State Sen. Kim Ward wrote last summer, when she introduced a similar bill. "The need for this legislation has been born out of Governor Wolf's refusal to work with the General Assembly during the COVID-19 public health emergency," said Ward.

Other Republicans say that it's a matter of transparency and equality.

"Our governor has assumed absolute power over your lives because of a pandemic, and there surely is a need for governmental involvement, but that would require all the government," Montgomery and Bucks counties State Rep. Bob Mensch wrote in a recent op-ed. "Our governor has refused to discuss his moves and his strategies with the legislature – your representatives in our government."

Other questions on the primary ballot

In addition to the two questions above, voters in Pennsylvania will see two other questions on their primary ballots completely unrelated to the governor's powers.

One question would, if approved, create a constitutional amendment stating that is illegal to deny an individual's rights because of race or ethnicity.

A final question would expand state-run loan programs to bring more funding to fire and EMS services.

The 2021 primary election in Pennsylvania is on May 18. For details on the election see here.