Abortion rights amendment cleared for Ohio’s November ballot, promising expensive fight this fall

25 July 2023

COLUMBUS, Ohio (AP) — A proposed constitutional amendment guaranteeing access to abortion made Ohio’s fall ballot Tuesday, setting up what promises to be a volatile and expensive fight rife with emotional messaging and competing factual claims.

The ballot measure would establish “a fundamental right to reproductive freedom” with “reasonable limits.” In language similar to a constitutional amendment that Michigan voters approved last November, it would require restrictions imposed past a fetus’ viability outside the womb, which is typically around the 24th week of pregnancy and was the standard under Roe v. Wade, to be based on evidence of patient health and safety benefits.

“Every person deserves respect, dignity, and the right to make reproductive health care decisions, including those related to their own pregnancy, miscarriage care, and abortion free from government interference,” Lauren Blauvelt and Dr. Lauren Beene, executive committee members for Ohioans United for Reproductive Rights, said in a statement.

Republican Secretary of State Frank LaRose determined that Ohioans for Reproductive Rights submitted nearly 496,000 valid signatures, more than the 413,446 needed to put the question before voters on Nov. 7. The coalition submitted more than 700,000 signatures in total.

It remains to be seen what percentage of the Ohio electorate needs to support the amendment for it to pass. That will depend on the outcome of an Aug. 8 special election called by Statehouse Republicans to determine whether to raise the threshold for passing future constitutional changes from a simple majority in place since 1912 to a 60% supermajority. AP VoteCast polling last year found 59% of Ohio voters say abortion should generally be legal.

The August ballot measure also would eliminate the 10-day curing period when citizen-led campaigns may submit additional signatures if they fall short the first time, and increase the number of counties where signatures must be collected from 44 to all 88. But those provisions would come too late to impact the abortion issue, which has already faced both legal and administrative hurdles to now be poised for a vote.

Abortion remains legal in the state up to 20 weeks’ gestation, under a judge’s order issued in a lawsuit challenging a ban once cardiac activity can be detected, or around six weeks into pregnancy. The Republican attorney general has asked the Ohio Supreme Court to overturn the stay.

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