Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The 8 states where the pandemic has shifted the balance of power

balance of power
101cats/Getty Images

Over the past year, states have issued hundreds of rule changes in response to the coronavirus pandemic, covering issues from public health and safety to business protocols to election procedures.

But one consequence of some of these emergency orders has been a shift in the balance of power at the state level. Ballotpedia reported Thursday that eight states have seen the governor's authority weakened by Covid-related legislation.


Governors generally have the authority to declare a state of emergency in cases of natural disasters, disease epidemics and other threats to public health. And in the early days of the pandemic, nearly all states issued lockdown or stay-at-home orders.

But in the months following, some states saw conflict between the executive and legislative branches on how to proceed with the orders. Lawmakers introduced hundreds of bills to limit gubernatorial emergency powers, and ultimately 10 were enacted in eight states.

Surprisingly, in most of those eight states, the same political party controlled the governorship and the legislature. Three were run by Republicans: Arkansas, Ohio and Utah. Two were Democratic: Colorado and New York. And the remaining three have Democratic governors and Republican-majority legislatures: Kansas, Kentucky and Pennsylvania.

Here is a rundown of how these eight states have placed new limits on the governor's emergency powers authority:

Arkansas

Last month, the Legislature passed and Gov. Asa Hutchinson signed legislation that limits statewide emergency declarations to 60 days unless extended by the governor. The new law also allows lawmakers to block any state of emergency extensions made by the governor.

Colorado

Last summer, the General Assembly passed and Gov. Jared Polis signed a bill that requires the governor to communicate with and provide information to state lawmakers following an emergency declaration.

Kansas

Two new laws regarding emergency powers have been enacted in the last year in Kansas. The first, approved last summer, extended the coronavirus state of emergency, while banning Gov. Laura Kelly from declaring any new states of emergency in 2020 without first receiving approval from the state finance council. The law also limits how long the governor can close businesses and terminates emergency proclamations after 15 days unless extended by the Legislature.

The second measure also extended Kansas's state of emergency, while further limiting the governor's emergency powers. It allows anyone burdened by executive order, school board policy or county health directive to file a civil action in court, which must be heard within 72 hours. The law also empowers the Legislative Coordinating Council to override gubernatorial executive orders.

Kentucky

In February, the Republican-majority General Assembly enacted two new restrictive bills by voting to override Democatic Gov. Andy Beshear's vetoes. The first law limits a governor's emergency orders to 30 days unless extended by the legislature. It also requires the governor to receive approval from the attorney general before suspending a statute via executive order during an emergency.

The second law grants legislative committees more oversight of the governor's emergency regulations and requires public input for some orders.

New York

Last month, the Legislature and Gov. Andrew Cuomo approved a new law that repeals a provision of a law passed last year that extended the governor's executive order powers during a pandemic. The new law also allows the Legislature to revoke any executive order through concurrent resolution. It also requires the governor to create a searchable website that tracks all executive actions made during a pandemic.

Ohio

The Legislature voted last month to override Gov. Mike DeWine's veto of a bill that restricts the governor's authority over public health orders. The new measure allows the Legislature to cancel public health orders after 30 days and requires the governor to renew such orders every 60 days. It also establishes a legislative panel overseeing the governor's public health orders.

Pennsylvania

Last summer, the Pennsylvania General Assembly enacted a law prohibiting the governor from directing agencies to ignore public records requests during states of emergency. At the time, Democratic Gov. Tom Wolf said he disagreed with the bill, but would "err on the side of transparency" and allow it to become law without his signature.

A constitutional amendment related to emergency declarations was also certified for the May 18 ballot. If approved by voters, the amendment would limit the governor's emergency declarations to 21 days unless the legislature extends them. It would also allow the General Assembly to pass a resolution, without needing the governor's signature, to extend or terminate an executive order during an emergency.

Utah

Last summer, the Legislature and Gov. Gary Herbert approved a measure that requires the governor to notify the legislative pandemic response team within 24 hours of taking any executive actions in response to a public health crisis, unless there is imminent threat to life or property. The law also allows the Legislature to issue a joint resolution to block any pandemic executive actions.


Read More

Experts Say Heavy Use of Reconciliation Bills Could Backfire
white concrete building under cloudy sky during daytime

Experts Say Heavy Use of Reconciliation Bills Could Backfire

WASHINGTON, DC—As midterm elections take place across the country, Senate Republicans are using the tactic known as “reconciliation” to bypass bipartisan agreements, all before a new Congress takes office.

In the latest example, the GOP-backed reconciliation bill to supplement funding for Immigration and Customs Enforcement and Border Patrol agents is expected to hit President Donald Trump’s desk no later than June first.

Keep ReadingShow less
Capitol Building of USA

Senate votes increasingly pass with support from senators representing a minority of Americans, raising questions about representation, rules, and democracy.

Getty Images, ANDREY DENISYUK

Record Number of Bills and Nominations Passed With Senators Representing a Population Minority

From taxes to the environment to public broadcasting like PBS and NPR, the Senate has recently passed record levels of legislation and confirmed record numbers of nominations with senators representing less than half the people.

Using historical data, GovTrack found 56 examples of Senate votes on legislation that passed with senators representing a “population minority.” 26 of those 56 examples, nearly half, have occurred since President Donald Trump’s current term began.

Keep ReadingShow less
Immigration Crackdowns Are Breaking the Food System

Man standing with "Law Enforcement" sign on his vest

Photo provided by WALatinoNews

Immigration Crackdowns Are Breaking the Food System

In using immigration to target Farm and food chain workers, as well as other essential industries like carework, cleaning, and food chains, our federal government is committing us to a food system in danger.

A food system where Farmworkers, meat packers, and other food chain workers are threatened with violence is not a system that will keep families healthy and fed. It is not a system that the soils and waterways of our planet can sustain, and it is not a system that will support us in surviving climate change. We each have a role to take in moving toward a food system free of exploitation.

The threat of immigration enforcement, which has always been hand in hand with racism, makes all workers vulnerable. This form of abuse from employers, landlords, and law enforcement is used to threaten and remove workers who organize against their exploitation. This is true even in places like Washington State, where laws like the Keep Washington Working Act which prohibits local law enforcement agencies from giving any non public information to Federal Immigration officers for the purpose of civil immigration enforcement , and the recently passed HB 2165 banning mask use by law enforcement offer some kind of protection.

Keep ReadingShow less
Trump’s Iran Debacle Is a Reminder of Why Democracy Matters on Issues of War and Peace

Residents sit amid debris in a residential building that was hit in an airstrike earlier this morning on March 30, 2026 in the west of Tehran, Iran. The United States and Israel have continued their joint attack on Iran that began on February 28. Iran retaliated by firing waves of missiles and drones at Israel and U.S. allies in the region, while also effectively blockading the Strait of Hormuz, a critical shipping route.

(Photo by Majid Saeedi/Getty Images)

Trump’s Iran Debacle Is a Reminder of Why Democracy Matters on Issues of War and Peace

More than a month into Donald Trump’s war with Iran, he still seems not to know why we are there or how we will get out. When, on February 28, President Trump launched a war of choice in Iran, he did so without consulting Congress or the American people.

The decision to start the war was his alone. Polls suggest that the public does not support Trump’s war.

Keep ReadingShow less