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Arkansas Supreme Court Rejects Abortion Amendment Ballot

 August 23, 2024

The Arkansas Supreme Court has ruled against including a significant abortion measure on the upcoming November ballot.

Newsmax reported that the proposed abortion amendment was disqualified due to improper submission of necessary documentation by its backers.

Last Thursday, in a narrow 4-3 decision, the justices decided that the initiative, led by Arkansans for Limited Government (AFLG), failed to meet the state's stringent requirements for ballot inclusion. This decision effectively prevents voters from deciding on an amendment that would have allowed abortions under specific conditions.

The Blocked Abortion Amendment Explained

The measure, if approved, would have permitted abortions through the first 18 weeks of pregnancy. It also included exceptions in the cases of rape, incest, and when the health or life of the mother was at risk, or if the fetus had a significantly low chance of survival.

This initiative was particularly notable because it did not seek to make abortion a constitutional right in Arkansas. Instead, it aimed to provide certain allowances within the current legal framework, which bans all abortions except in medical emergencies.

Lack of National Support and Signature Issues

AFLG managed to gather over 101,000 signatures, surpassing the 90,704 required to amend the state constitution. However, the Secretary of State's office found issues with the submission process. Specifically, AFLG failed to provide a sworn statement certifying that paid canvassers had received proper training, a critical step in validating the signatures.

Despite gathering sufficient support from voters, the effort did not receive backing from national groups advocating for broader abortion rights. These organizations often look for measures that fully enshrine abortion rights into state constitutions, unlike the more limited scope of AFLG's proposal.

Legal Challenges and Court's Ruling

AFLG did not accept the initial disqualification lightly and promptly filed a lawsuit challenging the decision to invalidate many of their collected signatures. The court, however, upheld the initial ruling, confirming that only 87,675 signatures could be counted, insufficient for the amendment to qualify for the ballot.

In their ruling, the justices emphasized the necessity of adhering strictly to procedural requirements, stating that the absence of the required paperwork was sufficient to disqualify the signatures gathered by paid canvassers.

Reaction from Arkansans for Limited Government

The organization responded strongly to the court's decision. AFLG stressed that the efforts to get the amendment on the ballot demonstrated a significant grassroots movement among Arkansas voters, particularly women, to participate in the state's direct democracy process.

"More than 102,000 Arkansas voters exercised their constitutionally protected right to engage in direct democracy by signing the petition to get the Arkansas Abortion Amendment on the ballot," an AFLG spokesperson stated.

Continuing the Fight for Abortion Rights

The group expressed deep frustration with the court's decision but vowed to continue their advocacy. "Despite this infuriating result, our fight isn't over. We can't — and won't — rest until Arkansas women have access to safe, standard health care and the autonomy to make decisions about their bodies free from governmental interference," AFLG declared.

Their statement also hinted at a continued political mobilization, with promises of remembering the court's decision in future elections. "We are outraged. We will not back down. And we will remember this in November," they concluded.

The Road Ahead for Abortion Rights Advocates

As the legal avenues close for this particular amendment, AFLG and similar organizations are likely to regroup and strategize for future efforts. The engagement sparked by this initiative suggests a burgeoning movement ready to challenge the existing restrictions on abortion rights in Arkansas through both legal and electoral means.

For now, the Arkansas Supreme Court's decision marks a significant setback for those advocating for expanded abortion rights in the state, reinforcing the complexities involved in altering state constitutions and the rigorous processes required to bring such amendments before the electorate.