Pennsylvania voters will likely soon get the final say about whether to limit the governor’s powers during a disaster emergency after a majority of state representatives endorsed a proposed constitutional amendment Wednesday.
House members voted 116 to 85 in the latest legislative approval vote. One more vote in either the House or Senate is needed before the constitutional amendment can be considered in a statewide referendum, as early as the May 18 primary election.
Rep. Martin Causer, R-Turtlepoint, applauded the passage, calling it a way to maintain checks and balances among the branches of government.
He said Democratic Gov. Tom Wolf “has essentially refused to communicate, let alone consult with, the duly elected members of the General Assembly in his actions throughout the COVID-19 pandemic.”
The amendment would cap disaster declarations at 21 days unless lawmakers extend them. It would also give lawmakers the ability to end a disaster declaration with a two-thirds vote; currently the governor has final say. Republican lawmakers have repeatedly tried to overturn pandemic response policies undertaken by Wolf over the past year, without success.
Causer said his support of the amendment does not mean that he doesn’t take the pandemic seriously.
“Taking COVID-19 seriously does not mean the governor should have unchecked authority for as long as he wants it. This administration has proven it doesn’t have all the answers — we need only look at the situation in our nursing homes or the pitiful rollout of the vaccine in the Commonwealth thus far,” he continued. “We should be talking with each other and working together to lead the state toward both physical and economic recovery.”
The House vote came less than 24 hours after the Senate, 28-20, approved an identical measure with just one Democrat crossing party lines.
In order to amend the Constitution, identical proposals must be approved by both the House and Senate in two consecutive legislative sessions. Once that occurs, the proposal is placed on the ballot for consideration by the voters. Wednesday’s vote marks the second time the bill has passed the House. The ballot question could appear as soon as the upcoming May 18 primary.
In addition to the change regarding emergency declarations, the bill also proposes two additional amendments that would appear as separate questions on the ballot. They include prohibiting the denial or abridgement of equality of rights on the basis of race and ethnicity to the Declaration of Rights section of the Pennsylvania Constitution, and clarifying that a resolution terminating or extending a disaster emergency declaration need not be presented to the governor for signature.
Under current state law, an emergency disaster declaration gives governors the authority to issue or rescind executive orders and regulations, access stockpiles of emergency supplies and equipment and suspend laws or regulations that govern state agencies.
The Associated Press contributed to this report.
