On 31 January 2020, HHS Secretary Azar declared a public health emergency under the Public Health Service Act related to COVID-19, which was repeatedly extended through 11 May 2023 (HHS.gov - COVID Public Health Emergency, HHS.gov - End of COVID Public Health Emergency). President Trump later declared a national emergency under the National Emergencies Act on 13 March 2020 (Trump White House Archives). A declaration must be made pursuant to either the Public Health Service Act or the National Emergencies Act to count (PHE.gov - Public Health Service Act, Ballotpedia - National Emergencies Act). The question would close upon the date of the declaration, irrespective of a determination that a national or public health emergency existed since a prior date.

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