Michigan legislature repeals Governor's emergency powers | Beaufort County Now | 1945 Emergency Powers Act totally repealed and the repeal cannot be vetoed by governor

Coronavirus Disease 2019 (COVID-19)

The Emergency Powers of the Governor Act of 1945 has been totally repealed by the Michigan legislature and that repeal cannot be vetoed by Governor Whitmer. The state House voted 60 to 48 today to repeal the law, following a previous vote by the state Senate to do so.

The repeal was accomplished under provisions of Michigan's initiative and referendum section of its Constitution.  A citizens group, Unlock Michigan had circulated a petition under those provisions to take the issue directly to the legislature for action instead of to a vote of citizens which would have taken longer.  Using that Constitutional provision does not allow the governor a veto of the legislature's action.  Michigan's Democrat Secretary of State had stalled on certifying the citizen petition and had to be ordered to do so by the state Supreme Court.  Once the petition was certified, the legislature acted quickly to repeal the governor's emergency powers.

Michigan's Governor Whitmer has imposed some of the most draconian lockdowns in the country, and many of its sheriffs had refused to enforce them.


In North Carolina legislation to weaken the governor's emergency powers has passed the House but is stalled in the Senate.  To prevent a Cooper veto, that would need to be done by Constitutional amendment, going directly to the citizens for a vote.  Rep. Keith Kidwell has filed a bill to seek such a Constitutional Amendment, but it has not gotten out of committee.

Several weeks ago, Pennsylvania voters approved two Constitutional amendments to repeal their governor's emergency powers.

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