Pennsylvania voters to decide changes to governor’s emergency powers in May

We’ve been tracking ballot measures that address political events from 2020 related to legislation and executive orders in response to the coronavirus pandemic. Today, we’re looking at two such measures set for this year’s Pennsylvania ballot.

Voters will decide at least three constitutional amendments on May 18, including two ballot measures to alter the governor’s emergency powers.

• One ballot measure would limit an emergency declaration by the governor to 21 days unless the legislature passes a resolution to extend the order.
  

• Another proposal would allow the legislature to pass a resolution—without the governor’s signature—to extend or terminate an emergency declaration by the governor.

Legislative Republicans proposed the constitutional amendments in response to Gov. Tom Wolf’s (D) emergency orders related to the coronavirus pandemic. On March 6, 2020, Gov. Wolf signed an emergency disaster declaration following presumptive positive cases of COVID-19 in Pennsylvania.

In June 2020, the Pennsylvania General Assembly passed a concurrent resolution to terminate the governor's coronavirus emergency declaration. Mike Straub, a spokesperson for House Republicans, said that the resolution did not need the governor's signature. Lyndsay Kensinger, a spokesperson for Gov. Wolf, said, "The disaster proclamation has not been terminated by the House or Senate’s actions. Only the governor can terminate the disaster emergency.”

On July 1, 2020, the Pennsylvania Supreme Court ruled that the governor could veto the concurrent resolution. According to the Pennsylvania Supreme Court, the state constitution requires all concurrent resolutions to be presented to the governor for approval or veto, except resolutions on legislative adjournment, the legislature's internal affairs, and constitutional amendments. On July 14, Gov. Wolf vetoed the resolution. The state House voted on the governor's veto on Sept. 2, 2020, but the vote fell short of the two-thirds requirement to overturn a veto.

State Rep. Russ Diamond (R-102) proposed the constitutional changes. He said, "If the General Assembly — a co-equal branch of government — does not believe that the governor is acting properly, then the General Assembly should have a right to override that governor’s disaster emergency order.”

Gov. Wolf responded, “[The amendment] would hinder our ability to respond quickly, comprehensively and effectively to a disaster emergency by requiring any declaration to be affirmed by concurrent resolution of the legislature every three weeks. This would force partisan politics into the commonwealth’s disaster response efforts and could slow down or halt emergency response when aid is most needed.”

These two amendments are the first certified 2021 or 2022 statewide measures that address state executive powers. Initiatives to limit executive emergency powers were filed targeting 2022 in California, Michigan, and Washington. In Michigan, proponents of an initiative to repeal the state's Emergency Powers of Governor Act filed signatures in October 2020.

The third constitutional amendment certified for the May 18 ballot in Pennsylvania would add language to the state constitution that prohibits the denial or abridgment of rights on account of an individual's race or ethnicity.

Between 1995 and 2020, the state legislature referred 10 constitutional amendments to the ballot. All 10 of the constitutional amendments were approved. Pennsylvania voters last rejected a constitutional amendment in 1981.

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Sen. Shelby announces he won’t run for re-election

On Feb. 8, Sen. Richard Shelby (R-Ala.) announced he wouldn’t run for re-election next year. Shelby was first elected to the Senate in 1986, most recently winning re-election in 2016. Before that, he had served in the U.S. House since 1978.

Shelby said in a statement, “Today I announce that I will not seek a seventh term in the United States Senate in 2022. For everything, there is a season. Although I plan to retire, I am not leaving today. I have two good years remaining to continue my work in Washington. I have the vision and the energy to give it my all.”

Shelby is the fourth Republican senator to announce he will not run for re-election in 2022. The other three are Richard Burr (N.C.), Pat Toomey (Penn.), and Rob Portman (Ohio).

Forty members of Congress did not seek re-election in 2020. That number was 55 in 2018.

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Claudia Tenney certified as the winner in New York’s 22nd Congressional District

On Feb. 8, the results of the last undecided congressional race—in New York’s 22nd Congressional District—were certified. Claudia Tenney (R) defeated Anthony Brindisi (D) by 109 votes.

The certification followed months-long legal challenges from Tenney and Brindisi over the validity of certain absentee and affidavit ballots in the election. Justice Scott DelConte of the Oswego County Supreme Court eventually ordered certification of the election results. Boards of elections in the district certified their results on Feb. 5 following DelConte’s ruling, and the New York State Board of Elections certified the county-wide results in a meeting on Monday.

Hours after the meeting, Brindisi conceded the election to Tenney. This came as a departure from earlier statements where he called for a recount in the race. In his concession statement on Monday, he said, “Today I congratulated Claudia Tenney and offered to make the transition process as smooth as possible on behalf of our community. [...] It is time to close the book on this election and focus on building a better community and more united country for our children.”

Tenney responded in a tweet, saying: “I really appreciate Anthony's call today and thank him for his service. He graciously offered to help ensure a smooth transition and I look forward to working with him over the coming days to complete that process on behalf of everyone in NY22.”

The House of Representatives has not yet announced Tenney’s swearing-in date.

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