Arkansas Supreme Court orders signature count for pro-abortion ballot measure

The court on Tuesday night ordered Secretary of State John Thurston to count signatures collected for a proposed ballot initiative to expand abortion access in the state. The pro-abortion group Arkansans for Limited Government on July 5 submitted more than 100,000 signatures in support of the constitutional amendment. Arkansas law requires petitions for constitutional amendments to include signatures equal to 10 percent of the total number of votes cast for the office of governor in the previous gubernatorial election. This year that requirement is 90,704 signatures.

Thurston has until 9 a.m. on Monday, July 29, to count the signatures, according to the court’s order. Current Arkansas law protects all unborn babies unless a physician determines that an abortion is necessary to save the life of the mother. Medical treatments for a miscarriage or an ectopic pregnancy are not considered abortion-related procedures.

What would the amendment accomplish? The proposed amendment would prohibit government entities from penalizing or restricting abortions through 18 weeks of pregnancy. The initiative would also allow abortions in cases of rape, incest, and if an unborn baby is diagnosed with a fatal health condition. Additionally, the amendment would permit abortion not only in cases when the mother’s life is in danger, but also to protect her from physical disorder, illness, or injury. If voters approve the amendment in November, it would nullify the state’s existing law. Arkansas Right to Life and the Family Council have campaigned against the amendment

Why is the state’s highest court weighing in? AFLG filed a lawsuit last week after Thurston rejected the group’s petition. He said the group did not submit legally required paperwork with the petition, which rendered the signatures invalid. The group asked the state Supreme Court to overturn the rejection and AFLG’s attorneys filed a motion to expedite the case. Arkansas Attorney General Tim Griffin on Friday filed a motion to dismiss the lawsuit, arguing that Thurston was correct to reject the petition.

In Arkansas, the secretary of state must certify that enough valid signatures were submitted in order to add an initiative to the ballot. If a petition submitted on time only has 75 percent of the valid signatures needed then the petitioners have 30 days to collect additional signatures or prove that rejected signatures are valid.

Dig deeper: Read Addie Offereins’ report in The Stew about Vice President Kamala Harris’ track record on abortion.