These Are The PA Ballot Questions Voters Will Decide On Tuesday

PENNSYLVANIA — Though it may feel like the dramatic and high-stakes 2020 election season just ended yesterday, primary Election Day in 2021 is Tuesday, May 18 in Pennsylvania.

While ballots for this primary will be filled with inter-party runoffs for the general election in November — most smaller, local races like school board and township council elections — there are matters on the ballot of larger statewide importance.

These are the four ballot questions and three proposed constitutional amendments which will appear on all ballots, regardless of party, on Tuesday.

Who can vote on the amendments?

Unlike voting for a party's candidate in the primary, voters do not have to be registered with a specific party to cast a vote on these questions: they are open to all voters, Democrats, Republicans, and Independents. Any Pennsylvania registered to vote can cast a ballot.

What are the ballot questions about?

There are four questions. Two involve the extent of the governor's emergency powers during a public health emergency. The other two involve racial justice and the borrowing processes undertaken by first responder agencies.

Why are the governor's powers controversial?

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 affect policy at the state level.

Republicans have made the issue a touchstone of their campaigns against Gov. Tom Wolf 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.

Have Republicans tried to limit the governor's powers before?

Yes, in multiple other ways. These efforts were even briefly successful last year before being overruled by a higher court.

In September 2020, 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.

How are the questions phrased on the ballot?

Governor's powers question 1

Shall the Pennsylvania Constitution be amended to change existing law and increase the power of the General Assembly to unilaterally terminate or extend a disaster emergency declaration—and the powers of Commonwealth agencies to address the disaster regardless of its severity pursuant to that declaration—through passing a concurrent resolution by simple majority, thereby removing the existing check and balance of presenting a resolution to the Governor for approval or disapproval?

Governor's powers question 2

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?

Racial justice

Shall the Pennsylvania Constitution be amended by adding a new section providing that equality of rights under the law shall not be denied or abridged because of an individual’s race or ethnicity?

First responder borrowing

Do you favor expanding the use of the indebtedness authorized under the referendum for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads under 35 PA.C.S. §7378.1 (related to referendum for additional indebtedness) to include loans to municipal fire departments or companies that provide services through paid personnel and emergency medical services companies for the purpose of establishing and modernizing facilities to house apparatus equipment, ambulances and rescue vehicles, and for purchasing apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of the duties of the fire companies and emergency medical services companies?