×

Primary ballot offers choices for Pennsylvania

Three proposed amendments, state referendum to be decided

The primary election on May 18 has no national and few state ballot spots up for grabs, but does have something for everyone. Because there are three proposed constitutional amendments and a state referendum to be decided, independent and third-party voters are part of this election.

The predominantly-local election includes those seeking seats on borough councils, township supervisors and school boards. A handful of county row offices are contested this year, including treasurer, register and recorder, and sheriff posts in both Mifflin and Juniata counties.

Mifflin County voters have magisterial district judges up for re-election. Juniata County voters — along with those in Perry County — will select candidates for a Common Pleas Court judgeship in the 41st Judicial District, which the two counties share (likewise, Snyder and Union counties will choose who will run for a judgeship in the 17th district).

Judges are the only state offices that are on this year’s ballot, with state Supreme Court, Superior Court and Commonwealth Court justices to be chosen.

Where permitted, many of the candidates have cross-filed as both Democrat and Republican, meaning some of the races could be decided this month rather than November, barring a successful write-in campaign.

Here are the four statewide ballot questions — which any registered voter, regardless of political affiliation (including no affiliation) may vote on — and what they mean:

¯¯¯

Do you favor expanding the use of the indebtedness authorized under the referendum for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads under 35 PA.C.S. 7378.1 (related to referendum for additional indebtedness) to include loans to municipal fire departments or companies that provide services through paid personnel and emergency medical services companies for the purpose of establishing and modernizing facilities to house apparatus equipment, ambulances and rescue vehicles, and for purchasing apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of the duties of the fire companies and emergency medical services companies?

What it means: Voters established a loan program for all-volunteer fire and EMS companies in 1975, and have expanded it three times since (still open only to volunteers). This proposal would make municipal fire departments or companies with paid personnel and emergency medical services companies eligible to apply for loans from the already-existing program. It would incur no additional debt to taxpayers. The loans may be used for establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles; and for the purchase of new firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of these organizations’ duties.

If you vote yes: Companies with paid personnel, including full-time professional companies, could borrow from the same fund as volunteers.

If you vote no: The fund will continue to be restricted to volunteer companies.

¯¯¯

Shall the Pennsylvania Constitution be amended by adding a new section providing that equality of rights under the law shall not be denied or abridged because of an individual’s race or ethnicity?

Laws exist against these forms of discrimination, but are not enshrined in the state constitution. In all 50 states, federal law (which supercedes state law) makes it illegal to discriminate based on: race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, age (40 and older), citizenship status and genetic information. In addition, Pennsylvania state law adds prohibitions against discrimination based on: GED rather than high school diploma, use of a service animal and relationship or association with a disabled person; specifies disabilities can be physical or mental; and defines the age range for discrimination as 40 to 70 years old.

State Sen. Vincent Hughes (D-Philadelphia) proposed this ballot question as protests over racial justice were erupting last summer.

If you vote yes: It will add a prohibition against denying an individual equal rights because of their race or ethnicity to the state constitution; prohibiting racial discrimination explicity at the state level.

If you vote no: The constitution will not change; no existing anti-discrimination laws will be repealed or overturned.

¯¯¯

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?

–AND–

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?

These two proposed amendments, tied to one another and to the coronavirus pandemic that struck worldwide in 2020, would change the balance of power regarding emergency declarations in Pennsylvania. A controversy arose when they were written for the ballot because the legislature, which passed the amendments, believed the Pennsylvania Department of State used language designed to lead to a specific outcome.

The governor of Pennsylvania has the sole power to declare an emergency as the state’s chief executive. Prior to the pandemic, Gov. Tom Wolf declared emergencies (sometimes called disaster declarations) for severe weather and the opioid crisis in both 2018 and 2019, for example. In some cases, state declarations precede or follow similar federal actions, and/or make the state eligible for additional federal financial aid to limit the impact of the emergency. A ruling by Pennsylvania’s Supreme Court prevents the legislature from ending an emergency without a two-thirds majority override if the governor vetoes such a resolution.

The emergency declaration as the pandemic began was for a period of 90 days, but has been renewed for the same term for times — meaning it has lasted more than a year. It is under the declaration that the governor and the executive branch have issued rules governing business, education and health care differently than can be done without the declaration.

The first question would give the legislature the power to end a declaration by simple majority (50% plus one vote); the governor may not veto it. Currently, a veto of such a resolution, like any other bill, requires a two-thirds majority in both chambers for an override. This question also seeks to require state agencies to fulfill their mission during an emergency. During the current pandemic, some state agencies have declined to fulfill requests from citizens, businesses and the media until after the disaster declaration ends.

If you vote yes: The legislature, by majority vote, may end a governor’s disaster declaration and state agencies may be required to keep working under the declaration. The governor retains the power to declare an emergency.

If you vote no: The legislature retains the power to end an emergency with a majority vote and the governor’s concurrence, or by a 2/3 majority override of a governor’s veto.

The second question seeks to impose a 21-day, rather than 90-day, limit on the original disaster declaration and requires the legislature to agree to extend it.

If you vote yes: The governor retains the power to declare an emergency, but the time the declaration is in effect is reduced. It can be extended, but only if the state legislature agrees.

If you vote no: The governor retains the power to declare an emergency for up to 90 days. It may be extended by the governor after 90 days.

Starting at $2.99/week.

Subscribe Today