In Arizona, the state Legislature approved a constitutional amendment related to the governor’s emergency powers on June 12, 2023. Voters will decide on the amendment at the election on Nov. 5, 2024.
As of June 12, there were four statewide ballot measures certified in Arizona for 2024. These four measures are legislative referrals. One would amend state statute, while the remaining three would amend the Arizona Constitution.
The amendment would enable the Legislature to terminate a state of emergency or modify the emergency powers granted to the governor. Additionally, the amendment would provide that a state of emergency is automatically terminated after 30 days unless the Legislature extends the emergency powers granted to the governor. This would not apply to emergencies arising from a state of war or those triggered by a flood or fire.
On Feb. 7, 2023, the amendment was introduced into the Legislature as HCR 2039. The House passed it on March 1 with a vote of 31-28, receiving support from 31 Republicans and opposition from 28 Democrats. Subsequently, on June 12, the Senate approved the amendment with a vote of 16-14, with 16 Republicans voting in favor and 14 Democrats voting against it.
In the past two years, there have been 21 state and eight federal emergency declarations declared in Arizona. State Sen. J.D. Mesnard (R) said he supported the measure when it related to state emergencies in response to the coronavirus pandemic but had further comments on how the legislation might impact other state emergencies. Mesnard said, “The premise behind the bill, especially as it relates to COVID-type situation, I strongly support. We just want to make sure we’re not sweeping in things that make it either a challenge to sell to the voters or just a logistical challenge to fulfill as legislators.’’ The introduced version of the amendment did not provide for an exception for the state of emergencies related to a flood or fire.
