Proposition 135 will determine length of Arizona governor’s emergency powers

PHOENIX — Voters will have a full menu of measures in front of them on Election Day that includes Proposition 135, which has somewhat flown under the radar but could have a big impact on state proceedings.

Prop 135, if approved by voters, would rid the governor’s emergency powers — with the exceptions of war, fire or flood —  30 days after the governor’s proclamation, unless extended by the state legislature.

Right now, the governor has the power to declare an emergency for 120 days.

Who supports Proposition 135 in Arizona?

Greg Blackie, deputy director of policy for the Arizona Free Enterprise Club, supports Prop 135 and said this isn’t being driven by partisan politics. It’s about checks and balances and bringing more voices into the mix, he added.

“That’s really why we have separate entities, separate chambers of government holding power so one person just can’t decide unilaterally to do these things,” Blackie said.

Blackie points out that several other states, including Pennsylvania, have enacted measures that trim the amount of time that governors can declare a state of emergency.

Blackie looks back at the emergency declaration in Arizona during the COVID-19 pandemic and some of the impacts from it, including school closures and strict hospital restrictions.

“It dragged on and was a new experience for a lot of people,” Blackie said. “So I think when they [voters] get to this one they’ll see that it’s a reasonable limitation of 30 days and then the legislature can extend it and that’s what we really want going forward.

“If an emergency is declared, let’s take a month to figure out how to respond then after that let’s make sure more than just one person is in the room.”

Who opposes Proposition 135 in Arizona?

Will Humble, executive director of the Arizona Public Health Association, opposes Proposition 135 because it feels unsafe. What is most unnerving to him is that it a single legislator could stop the governor’s emergency response.

“I’ve seen enough partisanship among legislators, especially some in leadership, over the years that I just don’t trust them to act in the best interest of the public if there given the ability to stop the governor at just 30 days during an emergency,” Humble said.

The proposition was born out of frustration that dates back to former Gov. Doug Ducey’s emergency declaration during the pandemic. The declaration spanned from March 2020 to March 2022. A statute was then passed in 2022 that limited public health emergency declarations to 120 days without legislative authorization.

Humble says that 120 days should continue to be the standard.

“They [state republican leaders] want to micromanage it after just one month,” Humble said. “It’s definitely in response to the COVID declaration and from legislators who believe Ducey overused his authority.

“I would argue that he actually used a lot of his public health emergency authority to actually harm the response by micromanaging businesses and local jurisdictions, stopping them from putting in mask mandates and requiring vaccines for entrances into certain venues.”

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