Lawmakers are critical of ballot wording

Questions on limiting Wolf ’s emergency powers under fire

HARRISBURG — The wording of statewide ballot questions limiting Gov. Tom Wolf ’s emergency powers stirred up controversy Wednesday, with some lawmakers calling it slanted and others calling it fair.

Voters will see the two questions — which seek approval for changes to the state constitution — on the May 18 primary election ballot.

Their wording was crafted by the Department of State under Wolf, a Democrat, and it already has been advertised in newspapers.

Republicans launched public criticism of the questions at a morning news conference, and state Sen. Lisa Boscola, D-Northampton, agreed with their take.

“The language is disingenuous. It is meant for it to be defeated,” Boscola said. “The worst

thing about it is it creates fear.”

Senate Majority Leader Kim Ward, R-Westmoreland, said the questions were “clearly slanted” to seek “no” votes. And House Majority Leader Rep. Kerry Benninghoff, R-Centre, said the language made Wolf seem “desperate” to cling to emergency powers.

Two other Democrats saw things differently.

“I don’t understand what the issue is,” Lehigh County Rep. Mike Schlossberg said.

Sen. Katie Muth of Chester County defended the questions, noting the state’s Republican-dominated Legislature has been “rated one of the least effective” despite being full time.

In general, one question involves giving the General Assembly ability to end or extend a declared emergency without involvement of the governor. The other would end a declared emergency after 21 days unless extended by the General Assembly.

Under current law, the governor’s disaster declarations last for 90 days. He can extend them without consulting the General Assembly.

Pennsylvania is operating under two disaster declarations.

Wolf made the first, concerning the opioid crisis, in January 2018, and he has renewed it 13 times. The second, concerning the COVID-19 pandemic, was signed by Wolf on March 6, and he renewed it for the fourth time last week.

Back and forth

The wording of the two ballot questions is as follows:

■ 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?

■ 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?

The phrase “removing the existing check and balance” was cited by Senate President Pro Tempore Jake Corman as an example of Wolf administration bias in writing the questions.

“There are no checks and balances right now. We have totalitarian rule,” Corman said, referring to Wolf. “We have one person making every decision. What businesses can be open, what businesses need to be closed.

You know, where you can go to congregate, where you can’t go to congregate. What schools are open, what schools are closed.”

Ward cited the phrase “dangers facing the Commonwealth” and said, “It is clearly slanted to scare the voters a little bit, you know, ‘This is dangerous.’ ”

A third referendum question, unrelated to the governor’s emergency powers, also will appear on the ballot.

A spokesperson for the House Democratic caucus called the questions “clear, simple and accurate.” A spokesperson for Wolf, Lyndsay Kensinger, said, “The ballot questions fairly, accurately and clearly apprise the voter of the issue to be voted on.”

National Guard bill

“There are no checks and balances right now. We have totalitarian rule.”

The General Assembly on Wednesday also gave final approval to a bill that would allow the National Guard to get deeply involved in the rollout and administration of COVID-19 vaccines.

Kensinger said Wolf planned to sign the measure.

She said the administration worked with the bill’s prime sponsor, Republican state Rep. Timothy O’Neal of Washington County, on its language.

The bill, she said, allows the administration to take advantage of various assets — including the Guard, the Pennsylvania Emergency Management Agency, county and community partners — without compromising the Guard’s current efforts.

The National Guard already is helping with COVID-19 mitigation efforts in long-term care facilities.

— Senate President Pro Tempore Jake Corman