Pennsylvania’s primary election and emergency powers

A few weeks ago I authored a column describing among other things, Pennsylvania Constitutional questions on next week’s May 18 primary ballot. With the primary fast approaching,

I thought it helpful both to satisfy my own curiosity and yours to explore just what the Pennsylvania Constitution states now regarding emergency powers and what the effect would be to change them.

The first two questions on the ballot concern emergency powers including how long they should last and who should decide there is an emergency. A Constitution is, after all, intended to be more permanent than any given law and would affect future governors of either party or future state legislatures — no matter what party is in charge.

It is noted by the way that the third and fourth proposed amendments are unlikely to cause any such controversy. The third proposed amendment would further affirm provisions currently in the Constitution that “equality of rights under the law shall not be denied or abridged because of any individual’s race or ethnicity.”

The fourth proposed amendment would make municipal fire and emergency medical services companies eligible for certain loans in connection with the purchase and housing of vehicles and purchase and modernization of equipment including protective and communications equipment.

The current Pennsylvania State Constitution at Chapter 73 states:

§ 7301. General authority of Governor.

(a) Responsibility to meet disasters. The Governor is responsible for meeting the dangers to this Commonwealth and people presented by disasters.

(b) Executive orders, proclamations and regulations. Under this part, the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law.

(c) Declaration of disaster emergency. A disaster emergency shall be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency shall continue until the Governor finds that the threat or danger has passed or the disaster has been