Arkansas is facing a legal challenge after rejecting petitions supporting a proposed ballot measure aimed at modifying the state's abortion ban. Supporters are urging the state Supreme Court to intervene and compel officials to count over 100,000 signatures endorsing the amendment to the constitution.
The proposed ballot measure does not seek to establish abortion as a constitutionally protected right but aims to restrict when abortion can be prohibited. This initiative would provide Arkansas voters with an opportunity to express their stance on abortion rights in a state where prominent elected officials consistently advocate against the practice.
The signatures on the petitions, if validated, would have met the threshold required to place the measure on the November ballot. The group backing the proposed constitutional amendment, Arkansans for Limited Government, has petitioned the court to overturn the state's decision and instruct Secretary of State John Thurston's office to commence the signature counting process.
The secretary of state's office had cited the group's failure to submit necessary statements related to the paid signature gatherers employed. However, the group contends that the documentation provided, including a list of gatherers, complied with legal requirements.
The proposed amendment seeks to prohibit abortion bans within the first 20 weeks of gestation and permit later abortions in specific circumstances such as rape, incest, threats to the woman's health or life, or fetal nonviability. Currently, Arkansas prohibits abortion at any stage of pregnancy except in cases of a medical emergency endangering the mother's life.
The ballot proposal did not receive backing from national abortion-rights organizations like Planned Parenthood due to its allowance for abortion bans at 20 weeks, earlier than in other states where abortion remains legal.
Despite submitting over 101,000 signatures by the state's deadline on July 5, election officials rejected the petitions citing a 2013 Arkansas law mandating detailed statements identifying paid canvassers and confirming their understanding of signature-gathering rules.
The group maintains that it provided the necessary paperwork and asserts that Arkansas law mandates an opportunity to rectify any deficiencies before signature counting commences. The group's lawsuit argues that the state's refusal to count the signatures contradicts its previous stances in similar cases before the Arkansas Supreme Court.
With the U.S. Supreme Court's 2022 ruling that revoked the nationwide right to abortion, efforts to reinstate the petitions face challenges. The current law was approved by the Republican-controlled legislature, and navigating this legal battle may prove arduous given the conservative majority on the Arkansas Supreme Court.
Another lawsuit, filed by attorney Oscar Stilley unrelated to the abortion initiative campaign, also seeks to reverse the state's decision on the petitions.
