Critical Ballot Questions in May Primary

During the May primary election three questions related to amending the Pennsylvania Constitution will appear on the ballot. Two of these questions concern the state government’s handling of disaster emergencies, with major implications for checks and balances within the government. A third question seeks voters’ approval of a Constitutional amendment to prohibit restricting or denying an individual’s equal rights because of race or ethnicity. A fourth question related to strengthening fire and EMI services may also appear on the ballot. (If it appears, it would not be required to have had advanced Public Notice.)

I write this healthcare-related opinion piece to explore the implications of the proposed Disaster Emergency amendments, as they are directly related to the COVID-19 pandemic, a health emergency of enormous proportions, as well as to new emergencies and disasters that are certain to arise in the future.

Many people don’t read the lengthy, often confusing text of the required Public Notices that predate the appearance of state Constitutional amendment ballot questions in an election. They simply vote “yes,” trusting that that is the right thing to do. That time has passed. It is critically important to understand the impact of the two Emergency Declaration and Management proposals that will be before us on the May Primary ballot. They are currently listed as Questions 1 and 2 on the ballot, but be prepared for last-minute changes in order of appearance on the actual ballot.

The text below is the most recent at the time of my writing and was prepared by the Department of State.

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 . . .--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?”

Note that the Governor could still initially declare the Disaster Emergency, but his powers thereafter would be curtailed. As noted in the Attorney General’s “Plain English Statement” of this proposal in the March 15th Public Announcement, this action would require “only the approval of a majority of the members of the House and Senate, without having to present the resolution to the Governor for his approval or veto. . .This proposed amendment would also have the effect of reversing a recent ruling of the Pennsylvania Supreme Court that prohibited the General Assembly from passing a concurrent resolution to terminate the Governor’s Covid-19 disaster emergency.”

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 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?

The Attorney General’s “Plain English Statement” for this question adds that “The Governor would retain the authority to issue an initial disaster emergency declaration, but the declaration’s permissible length would be shortened from 90 to 21 days, and the sole authority to extend it would lie with the General Assembly. The Governor would no longer have unilateral authority to manage disasters but would have to do so consistent with laws passed by the General Assembly.”

To anyone who has been following Republican legislators’ constant attacks on the Governor for his handling of the pandemic (and just about everything the Governor says or does), these proposed changes to the Constitution should come as no surprise. They appear to be yet another attempt to wrest power from a Governor whom Republicans have fought tooth and nail at every opportunity. But be wary. If they are passed by voters, it will take a long and concerted effort to get them reversed, to restore the checks and balance of our state government.

Furthermore, even if you are not a big fan of Governor Wolf, you have to appreciate the complexity of the handling of emergencies like pandemics and other disasters requiring immediate, but informed action, and, as in this pandemic, frequent changes depending on new discoveries or information. There is a reason that the Executive Branch of both federal and state governments have certain powers that their Houses and Senates do not have and vice versa. Anyone who has been watching our state legislature over recent years, hoping for the passage of a bill that is widely supported by the public and appears to have bi-partisan support in the legislature, knows how long it takes to move legislation. Bills wander from committee to committee, become stalled, get in and off the floor, and often languish for months and even years. (I’m thinking, in particular, of bills to bring down the costs of pharmaceutical drugs, or legislation to end gerrymandering of voting districts.) Do you really want to put the management of disaster emergencies in the hands of this legislature--or any legislature, for that matter?

Perhaps you are thinking, well, this COVID-10 pandemic will come to an end by next year, and we can get back to our normal lives. To you I say, we cannot be complacent about the future, thinking that once we’ve conquered this particular pandemic we can be at ease. In his recent book Ten Lessons for a Post-Pandemic World, renowned journalist Fareed Zakaria recounts that epidemiologists and virologists are predicting that other, even more deadly, pandemics are almost certain to surface in the future, based on what these scientists are observing with variant Corona viruses and continuing dangerous mutations. These deadly mutations are being helped along by human practices such as factory farming and the unnatural ways we are using animals, coupled with the ways we have messed with our natural environment and planet Earth. So it is critical that we are prepared to deal with future health emergencies and climate-related disasters in the most efficacious way.

Many people (especially those who are not affiliated with a major political party) sit out Primary elections. This May’s Primary is an especially important one in which to exercise your citizen’s right and responsibility to vote. While independent voters cannot vote for candidates in a primary, they do have the opportunity to vote separately on ballot questions. Make your voice heard and register to vote by mail right away or show up at your precinct on May 18. And please vote NO on both disaster emergency management questions.

Jeanne Duffy, Ph.D., has served as a college professor, an analyst and project manager for several large companies, and a college administrator in charge of foundation and government support. She is current chair of Gettysburg Democracy for America’s healthcare taskforce.