Parts of Luzerne County primary ballot open to voters not registered as Democrats or Republicans

The upcoming May 18 primary election won’t be exclusively for Democrats and Republicans, Luzerne County Election Director Bob Morgan said Monday.

Voters with other registrations or no affiliation countywide will be able to vote on four public questions, he said.

In addition, all voters in four county municipalities — Pittston Township, Avoca, Dupont and Duryea — will choose former state Sen. John Blake’s replacement as part of a special election within the primary, Morgan said.

The remaining ballot votes on nominating candidates for races will be left to county Democrats and Republicans. Only voters in these two parties can vote on nominees because Pennsylvania has closed primaries.

All voters will be free to select candidates from any political party in the November general election.

Special Senate race

A Democrat, Blake vacated the 22nd Senatorial District seat to accept a new position with U.S. Rep. Matt Cartwright, D-Moosic. The 22nd district also covers Lackawanna County and sections of Monroe County.

Instead of the usual process of primary voters choosing nominees, the parties selected Lackawanna County Commissioner Chris Chermak as the Republican contender and state Rep. Marty Flynn, D-Scranton, as the Democratic candidate.

Ballot questions

Three questions involve proposed state constitution amendments, and the fourth is a statewide change that would impact municipal fire departments and emergency medical service providers, Morgan said.

The exact wording of the questions in bold along with some of the plain language background provided by Morgan:

• Proposed constitutional amendment 1, termination or extension of disaster emergency declarations

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 powers of the 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?

This would add a new exception to traditional legislative procedure giving the General Assembly power to terminate or extend a disaster emergency declaration without needing the governor’s approval. It would not apply to other subject matters.

Amendment passage also would effectively reverse a recent state Supreme Court ruling that held the General Assembly was prohibited from passing a resolution terminating the governor’s COVID-19 disaster emergency declaration without presenting it to the governor for his approval or veto.

• Proposed constitutional amendment 2, disaster emergency declaration and management

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?

This would add a new section to the constitution giving the General Assembly some of the governor’s existing authority to respond to and manage disaster emergencies.

The governor would retain the authority to issue an initial disaster emergency declaration, but the declaration’s permissible length would be reduced from 90 to 21 days.

The sole authority to extend a declaration would lie with the General Assembly instead of the governor. When an initial expiration expires, the amendment prohibits the governor from issuing a new declaration based upon the same or substantially similar facts without the approval of the General Assembly.

If approved, the General Assembly would be required to pass new laws establishing the manner in which each type of disaster shall be managed.

• Proposed constitutional amendment 3, prohibition against denial or abridgement of equality of rights because of race or ethnicity.

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?

This would add a new section to the constitution creating a prohibition against restricting or denying an individual’s equal rights under state law because of race or ethnicity.

If current federal protections proscribing racial or ethnic discrimination are abolished, the prohibition against such discrimination will remain in the Pennsylvania constitution. The General Assembly may pass new laws to implement the state amendment, but it could not pass a law inconsistent with it.

• Statewide referendum Act 2020-91, making municipal fire and emergency medical services companies eligible for loans.

Do you favor expanding the use of the indebtedness authorized under the referendum to loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads under 35 PA C.S. Section 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, ambulance 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?

This would make municipal fire departments or companies with paid personnel and emergency medical services companies eligible to apply for loans under an existing state loan program administered by the Office of the State Fire Commissioner.

In four past referendum questions since 1975, voters had approved funding for a loan program solely for volunteer companies.

However, the General Assembly has determined that municipal fire departments or companies with paid personnel and emergency medical services companies are most in need of loans to replace outmoded or unsafe equipment and buildings to meet the increased demands for a higher level of service in the communities they serve.

If approved, the referendum will allow municipal fire departments or companies with paid personnel and medical services companies to apply for loans from the program, consistent with the existing law and regulations.

This referendum does not authorize incurring any additional debt to fund the loan program; it only expands the class of eligible loan applicants.