PA Voters Are First To Restrict Governor's Emergency Powers

PENNSYLVANIA — With most precincts reporting across Pennsylvania on Wednesday morning, voters have sent a clear message to Harrisburg: fewer unilateral orders from the governor's office.

Both constitutional amendments on Tuesday's ballot to restrict the governor's powers are poised to pass, making Pennsylvania the first state in the country in which voters approved additional checks of this nature on the governor.

Results are not final yet: 7,613 out of 9,157 districts across the state have reported back thus far, or 83.14 percent of in-person votes. But the current margin is decisive, the Associated Press reports.

On the first question — which proposes an amendment that would expand the control of the General Assembly over the governor's emergency declarations — 1,031,627 voters said yes, while 892,270 cast no votes.

Very similarly, the second question — which would limit the length of an emergency order during a public health crisis — received 1,040,420 yes votes to 901,089 no votes.

The power exercised by Gov. Tom Wolf in managing the pandemic quickly became one of the most controversial issues in state politics in 2020. Republicans have pointed to it as an example of government overreach, and they sought to rally virus fatigue and frustration over economic shutdowns in their efforts to limit Wolf's powers.

The statewide vote against Wolf's powers — a primarily Republican-backed initiative — comes just a few short months after Democrats enjoyed state-level victories in the November 2020 election, indicating some level of bipartisan support for the measure.

Several other state legislatures have passed checks on the unilateral powers of the governor's office since the pandemic began, but Pennsylvania is the first state to pass the initiative directly through the ballot box.

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

Previous updates

12:31 a.m.

With 7,125 of 9,157 districts (77.81 percent) reporting:

• Allow General Assembly to restrict governor's powers: yes 946,008, no 805,088
• Limit length of emergency order during a public health crisis: yes 955,387, no 812,026
• Add language prohibiting racial discrimination: yes 1,250,154, no 511,553
• Improve first responder borrowing powers: yes 1,259,882, no 489,787

11:32 p.m.

Thus far, 6,513 out of 9,157 districts, or 71.13 percent of in-person votes, are now tabulated.

• Allow General Assembly to restrict governor's powers: yes 800,796, no 688,253
• Limit length of emergency order during a public health crisis: yes 808,296, 696,768
• Add language prohibiting racial discrimination: yes 1,067,624, 433,317
• Improve first responder borrowing powers: yes 1,075,320, no 415,521

10:45 p.m.

For the first time tonight, the results have shifted on the questions restricting the governor's powers. Voters are now in favor of the proposed measures to amend the state constitution.

There are 5,182 out of 9,157 districts, with 56.59 percent of in-person votes now tabulated.

• Allow General Assembly to restrict governor's powers: yes 463,967, no 469,690
• Limit length of emergency order during a public health crisis: yes 466,016, no 476,077
• Add language prohibiting racial discrimination: yes 695,878, no 245,265
• Improve first responder borrowing powers: yes 685,652, no 235,870

10:27 p.m.

There are now 5,058 out of 9,157 districts reporting, which is 55.24 percent of in-person voters. The gap has narrowed to just under six thousand votes on the first question.

• Allow General Assembly to restrict governor's powers: yes 463,967, no 469,690
• Limit length of emergency order during a public health crisis: yes 466,016, no 476,077
• Add language prohibiting racial discrimination: yes 695,878, no 245,265
• Improve first responder borrowing powers: yes 685,652, no 235,870

10:18 p.m.

There are currently 4,511 out of 9,157 districts reporting in Pennsylvania, or 49.26 percent of in-person voters.

• Allow General Assembly to restrict governor's powers: yes 380,626, no 407,212
• Limit length of emergency order during a public health crisis: yes 381,390, 412,924
• Add language prohibiting racial discrimination: yes 592,320, no 201,838
• Improve first responder borrowing powers: yes 586,194, no 195,069

9:40 p.m.

• Allow General Assembly to restrict governor's powers: yes 267,802, no 325,872
• Limit length of emergency order during a public health crisis: yes 267,057, no 327,395
• Add language prohibiting racial discrimination: yes 455,773, no 139,163
• Improve first responder borrowing powers: yes 451,461, no 137,470

The most closely watched ballot questions continue to draw closer:

• Allow General Assembly to restrict governor's powers: yes 165,858, no 188,014
• Limit length of emergency order during a public health crisis: yes 164,426, 190,324
• Add language prohibiting racial discrimination: yes 267,085, no 88,260
• Improve first responder borrowing powers: yes 266,433, no 83,947

9:18 p.m.

The margin has narrowed significantly on the governor's emergency powers questions as more in-person votes are counted. Earlier returns included a large proportion of mail-in ballots, which tend to be Democratic and in opposition to restrictions on the governor's powers.

• Allow General Assembly to restrict governor's powers: yes 78,447, no 120,107
• Limit length of emergency order during a public health crisis: yes 76,644, no 122,176
• Add language prohibiting racial discrimination: yes 159,041, 40,631
• Improve first responder borrowing powers: yes 156,468, no 41,573

9:02 p.m.

Opposition remains steady to the ballot questions that would restrict the governor's emergency powers. A yes vote restricts powers.

• Emergency powers question 1: yes 49,338, no 114,276
• Emergency powers question 2: yes 46,904, no 117,020
• Add language prohibiting racial discrimination: yes 140,877, no 24,153
• Improve first responder borrowing powers: yes 136,256, no 27,141

8:30 p.m.

Early returns show overwhelming opposition to the ballot questions that would restrict the governor's powers during a public health emergency.

As of 8:30 p.m., just 30,188 had said yes to question one (increasing power of the General Assembly in regards to emergency declarations), while 88,567 said no.

Question two, which proposes changes the length of time of emergency declarations, similarly has just 27,752 votes in support of it, and 91,259 in opposition.

There also appears to be very strong support in favor of the other two ballot questions, which would codify anti-discrimination in the state constitution, as well as provide first responder agencies with greater borrowing powers.

Original story

Polls have closed in Pennsylvania and among the issues voters have weighed in on are four ballot questions and three proposed constitutional amendments.

Two of the ballot questions 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.

Check back to Patch as we bring you the results of these ballot questions as they are tallied.

Here are the exact phrasing of the questions:

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?