PHOENIX — A constitutional amendment on abortion access has gathered enough signatures to appear on Arizona’s ballot this fall, but it must overcome one final hurdle at the state Supreme Court, which is expected to rule on the proposal’s language later this month.
The amendment puts the issue of abortion access directly in the hands of voters and could have a major impact on Republican performance in battleground states in November as the issue continues to galvanize Democratic bases.
“Arizona Right to Life has pending litigation regarding the ballot language, therefore the proposition will not appear on the ballot until the litigation is resolved in the Arizona Supreme Court,” the group said of Proposition 139’s description on the ballot, arguing that the 200-word summary does not adequately inform voters about the changes the amendment would make to state law.
12 News The court is reportedly due to rule on August 22nd.
But Arizona Secretary of State Adrian Fontes has already approved the measure, with 577,971 signatures, far more than the threshold needed if the measure were to appear on the ballot. Arizona abortion access advocacy groups have submitted a total of more than 800,000 signatures.
The bill would create a state constitutional right to abortion up until the point of “fetal viability,” about 23 to 25 weeks, but opponents argue that a mental health exception outlined in the amendment could allow abortions beyond that point.
“The amendment doesn’t even have the words ‘doctor’ or ‘practitioner’ in it. It uses vague language to expand abortion beyond voter support,” said Cindy Dahlgren, a member of the anti-Prop. 139 group “Going Too Far.”
The state Supreme Court ruled Wednesday that a promotional pamphlet for the state’s official Proposition 139 can use the term “unborn human being,” overturning an earlier trial court ruling that allowed the use of the term “fetus.”
Either way, abortion remains a hot topic on the campaign trail, with numerous events by Democratic candidates focusing on the issue.
The new momentum for the movement stems in part from the state Supreme Court’s upholding of a near-total abortion ban enacted in 1864 and re-enacted in 1977.
The 1977 law was unenforceable for decades because of Roe v. Wade, but Arizona’s Democratic governor, Katie Hobbs, repealed it in May. But petitions were already underway to repeal it.
In the Republican-controlled Legislature, all Democrats and some Republicans voted in favor of the repeal after weeks of debate. It had been in law for 15 weeks and was signed by former Republican Gov. Doug Ducey in 2022 before Roe was overturned.
“This is a huge victory for Arizona voters who can now vote to permanently restore and protect their right to abortion care free from political interference,” said Arizona Abortion Access Campaign Manager Cheryl Bruce, referring to the high number of approved signatures.
Some experts say the proposal has momentum but advise watching how it affects candidates on the ballot, including Vice President Kamala Harris and Rep. Ruben Gallego, a Democratic Senate candidate.
“It’s going to depend on whether young voters, 18 to 24 years old, turn out to vote. They came out to vote in favor of the abortion bill, but are they going to continue to vote for Harris and Ruben Gallego? That’s the big question over the next couple of months, because for the first time, these voters are really going to be willing to go vote for something,” Republican strategist Barrett Marson told The Post.
“The Democratic campaign of Kamala Harris and Ruben Gallego will try to convince people to support abortion, [them]Marson went on to add that while some voters would support the proposal, some of the candidates who supported it might not.
