INTRODUCTION & METHODOLOGY

As described in the first edition of this 50-State Emergency Powers Scorecard, states were not graded on how their governor exercised emergency powers during the COVID-19 pandemic. Rather, this scorecard judges the legal environment under which a governor may exercise executive power during a state of emergency. While some governors’ actions (and resulting legislative or judicial action) during the pandemic helped determine a more exact interpretation of various state laws, the purpose of this scorecard was, and continues to be, to provide context and a point of comparison related to the extent of legislative oversight of the executive branch in times of emergency.

To develop each state’s score, Maine Policy examined each state’s emergency powers statutes to determine the extent of legislative oversight, powers delegated to the chief executive, and the process for initiating or terminating a state of emergency declaration.

Every state received a numerical score between 1 and 20 across five categories for a total score of up to 100 points. The highest score denotes the most stringent executive powers, allowing for the greatest accountability from the people’s branch, the legislature. The lowest score denotes the weakest check on executive powers and the greatest potential threat to liberty.

As the primary focus of this report is the checks and balances on emergency executive authority, the categories which deal with the process of initiating a state of emergency and time limitations on emergency declarations were weighted double in relation to the other three categories: the process of termination, whether a governor’s powers persist after official termination, and the ability of the governor to alter statute or regulations during an emergency. It’s worth noting, however, that time limits on emergency powers are effectively useless if a governor is the sole judge of whether an emergency exists, as is the case in Hawaii, Vermont, and Washington, among other states.

To provide the reader with confidence in the quality of the research, this report includes a public spreadsheet to view each state’s scores by category, as well as the statutes cited for analysis.