PHOENIX — An abortion-access constitutional amendment has enough verified signatures to appear on Arizona ballots this fall but must cross one final hurdle in the state Supreme Court, which is expected to rule on the proposition’s language this month.
The amendment, which puts the question of abortion access directly into voters’ hands, could have a major impact on how Republicans perform in the swing state this November as the issue continues to animate Democratic voters.
“Arizona Right to Life has a pending lawsuit regarding the ballot language. As such, the Initiative cannot be on the ballot until the lawsuit is decided by the Arizona Supreme Court,” the group said about Proposition 139’s description on the ballot, arguing the 200-word summary doesn’t adequately inform voters of changes the amendment would make to state law.
12 News reports Aug. 22 is the expected deadline for the court’s ruling.
But if this measure does make the ballot, it’s already been approved by Arizona Secretary of State Adrian Fontes for garnering 577,971 verified signatures — well above the required threshold. Arizona for Abortion Access turned in more than 800,000 signatures total.
The measure would create a state constitutional right to an abortion up until the point of “fetal viability,” which is around 23 to 25 weeks. But opponents have argued a mental-health exemption outlined in the amendment could permit the procedure beyond that.
“The words ‘doctor’ or ‘physician’ are not even found in the amendment. It uses vague language to expand abortion beyond what voters support,” said Cindy Dahlgren, who’s part of the Prop 139 counter-campaign “It Goes Too Far.”
The state’s Supreme Court ruled Wednesday that “unborn human being” could be used in the state’s official Prop 139 publicity pamphlet, overturning a previous trial-court ruling allowing the term “fetus” to be used.
Regardless, abortion continues to be a hot topic on the campaign trail, as numerous events for Democrats up and down the ticket are focused on the issue.
The renewed momentum for the initiative stems in part from the state’s Supreme Court lifting the stay on a near-total abortion ban that was enacted in 1864 and re-codified in 1977.
While the law was unenforceable for decades due to Roe v. Wade, Arizona’s Democratic Gov. Katie Hobbs repealed it in May to avoid it taking effect. Still, petition efforts were already well underway before the repeal.
All Democrats and a handful of Republicans in the GOP-majority Legislature voted for the repeal after weeks of debate.
“This is a huge win for Arizona voters who will now get to vote YES on restoring and protecting the right to access abortion care, free from political interference, once and for all,” Cheryl Bruce, Arizona for Abortion Access campaign manager, said about the high number of signatures authorized.
Some pundits suggest the momentum is there for the proposition but advise keeping an eye on how that will affect candidates on the ballot, including Vice President Kamala Harris and Democratic Senate nominee, Rep. Ruben Gallego.
“It really depends on if the younger voters, the 18 to 24, come out to vote. They come out to vote for the abortion initiative, will they stick around and vote for Harris and Ruben Gallego? That is the big question over the next couple of months because for the first time, really, those voters are energized to come out to vote for something,” Republican strategist Barrett Marson told The Post.
“It’ll be up to the Democratic campaigns of Kamala Harris and Ruben Gallego to convince them to come out for abortion, but stay for [them],” Marson continued, adding there’s a possibility some voters back the proposition but not some of the candidates in favor of it.
