WHY CREATE THIS SCORECARD?

Most often, states of emergency are declared to enable state governments to respond to natural disasters. During 2020, the varied responses of many U.S. governors to the spread of SARS-CoV-2, the virus that causes COVID-19, sparked an interest among many observers of American politics to how each state delegates authority to the executive branch in emergency situations.

While most-to-all governors are bestowed equally broad emergency powers through state statute, sufficient variation exists in regard to the process of declaring, extending, or terminating states of emergency, as well as legislative checks on a governor’s authority therein.

Policymakers and other individuals interested in how their state’s law compares to others should find this analysis useful as a starting point for future legislative and legal research into the relationship between the executive and legislative branches in their state.