PA Gov. Stripped Of Emergency Powers: What Does This Really Mean?

PENNSYVLANIA — In what has been largely seen as a referendum against Gov. Tom Wolf's response to the coronavirus pandemic, Pennsylvanians voted convincingly to curb the powers of governor's office through two ballot questions in Tuesday's primary election.

Republicans, who have excoriated everything from Wolf's economic shutdown to school closures and high school sports recommendations, said that the decision reaffirmed a balanced system of governance.

“The people of Pennsylvania have exercised their vote and resoundingly reaffirmed their desire for a government with strong checks and balances that works in their interests and not for its own power," Speaker of the House Bryan Cutler and House Majority Leader Kerry Benninghoff said in a joint statement released Tuesday afternoon. "In doing so, they have rejected the mutation of emergency authority into unilateral, one-person control that seeks expediency over the rule of law."

While some precincts and some mail-in ballots were still yet to be counted Wednesday afternoon, voters had said yes to the first ballot question, granting the General Assembly control over the governor's executive powers, by a tally of 1,091,264 to 950,254.

RELATED: PA Votes To Restrict Governor's Emergency Powers

Similarly, the second question, which limits the length of any emergency order given by the governor, was approved by 1,100,544 votes to 959,779 against.

The results drew nationwide attention as Pennsylvania became the first state to remove the governor's emergency powers via a ballot initiative. Eight other states have done so in the past year, but it has been through acts of their state legislatures. Republicans have sought several other avenues to get to this same end — including efforts in state and even federal court last year — but were unsuccessful.

Ronna McDaniel, the GOP's national chairwoman, said the vote in Pennsylvania was ominous for the 2022 elections, in which the governor's office and a U.S. Senate seat are up for grabs.

"Last night, Pennsylvanians voted to reject Democrat Gov. Tom Wolf's overreach of executive powers after his failed COVID response - a clear sign of accountability coming in 2022," McDaniel shared on Twitter.

Of course, it's unclear to what extent the vote is a referendum on Wolf himself, or Democrats at large, or how significant a role pandemic fatigue may have played in the results. Tuesday's vote comes just over five months after Pennsylvania went blue for President Joe Biden, and gave Democrats victories in numerous other state offices.

Gov. Wolf's office did not respond with a comment when reached Wednesday afternoon, nor has the Wolf administration yet publicly commented on the ballot questions.

“We stand ready to reasonably and responsibly manage Pennsylvania through this ongoing global pandemic, the scourge of opioid addiction, and other long-term challenges that may come to face this Commonwealth," Cutler and Benninghoff added in their statement. "To those contemplating litigation to stop the enforcement of the emergency disaster-related amendments: Think twice before again ignoring the voice of the people."

Under these new constitutional amendments, the state legislature can overturn a governor's order with a simple majority. Previously, a two-thirds majority was required. Additionally, the governor will now need approval from the legislature to extend any public emergency beyond 21 days.

“The primary election results demonstrate our system of government works better when we work together," Senate President Pro Temper Jake Corman and Senate Majority Leader Kim Ward said in a shared statement. "This decision by the people is not about taking power away from any one branch of government, rather it's about re-establishing the balance of power between three equal branches of government as guaranteed by the constitution."

Regardless, the move does put even more state power in the hands of the GOP, which already owns a majority in the state senate and a significant majority in the state legislature, despite gains made by Democrats in the past four years.

In the lead up to Tuesday's primary, Democrats around the state and within Wolf's administration had argued for the importance of a swift and unequivocal response to unprecedented emergencies like COVID-19, noting that in rare circumstances, hesitancy can cost lives.

Defense for these emergency powers also came from the Secretary of Agriculture, who said that dangerously infectious animal diseases like High Path avian influenza, African swine fever, and many others exist overseas. If they were found "anywhere" in the United States, officials in Pennsylvania said they would need to react instantly.

The final two questions on Tuesday's ballot received more overwhelming support. On the proposal to add language to prohibit racial discrimination, 1,381,219 said yes and 554,486 said no. A final question that would expand first responder borrowing powers drew 1,387,442 votes in support and 534,596 against.