Can Governor Maura Healey Postpone the Massachusetts Election Under a State of Emergency?
For the record, no one has suggested that the upcoming statewide election should be postponed due to the existing state of emergency, nor is that likely to occur.
This piece examines the extraordinary power of the governor under Massachusetts law when such a declaration is made, and whether that power allows a governor to postpone or reschedule an election.
Massachusetts is under a state of emergency – again. Since Maura Healey became governor in January of 2023, she has declared two major states of emergency, giving herself "extraordinary" powers.
The first state of emergency, the result of the so-called migrant crisis, lasted 724 days, from August 8, 2023 to August 1, 2025. Healey declared a "State of Energy Emergency" on October 5, 2026, which remains in effect.
Scope of Governor Emergency Powers Under Massachusetts Law
According to Massachusetts General Law: "Under a state of emergency, the governor is authorized to issue executive orders to meet the needs of a threat, emergency, or disaster. These orders are to be treated as law and may override existing law for the course of the disaster."
The law further states, "The governor is authorized to exercise any and all authority over persons and property necessary to protect the public. Depending on the disaster, this may include taking and using property for the protection of the Commonwealth."
"Ordering evacuations, curfews, or enacting other restrictions can be used to protect public health and welfare if warranted."
Can Executive Orders Override Statewide Election Dates?
However, the governor does not have the authority, even under a state of emergency, to unilaterally postpone a statewide or general election. Changing state election dates requires legislative action and is not permitted by executive order.
Legislative Precedent: How Elections Were Rescheduled in 2020
Several special legislative elections were rescheduled in March 2020 due to the COVID-19 emergency declaration, but it required legislative approval.
History of Emergency Declarations in Massachusetts
Massachusetts generally declares a state of emergency in response to a weather-related event, though Gov. Charlie Baker declared one for the COVID-19 pandemic. The declaration remained in effect for 437 days, from March 10, 2020 to June 15, 2021.
The Massachusetts election is scheduled for November 3, 2026.
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