Arkansans in November will vote on whether to enshrine abortion rights into the state Constitution if supporters can collect enough signatures in the next five months.
Arkansas’ attorney general on Tuesday certified a third draft of a proposed constitutional amendment that would guarantee a limited right to abortion in the state.
The Arkansas Abortion Amendment of 2024 is backed by ballot initiative group Arkansans for Limited Government, which expressed appreciation for Attorney General Tim Griffin’s decision and gratitude for his staff’s professionalism. The group is now focused on “the immense work ahead.”
“Just yesterday, we acknowledged what would have been the 51st anniversary of Roe v. Wade. Today, we are one step closer to restoring the freedom that was taken from individuals when Roe v. Wade was overturned,” AFLG Treasurer Jim McHugh said. “We won’t stop until Arkansans can use their voice at the ballot box in November.”
Supporters have until July 5 to collect 90,704 signatures from registered voters to qualify for a statewide vote on the Nov. 5 general election ballot. AFLG will kick off its statewide signature collection effort with a rally at 2 p.m. Sunday at the Fayetteville Town Center.
Griffin twice rejected the proposed measure before certifying the popular name and ballot title Tuesday. In a five-page-opinion, Griffin said he certified the proposal after adding some clarifying language to the ballot text and title.
However, he said a cautionary note is warranted “in light of the significance of the subject matter undertaken and the potential complexity and far-reaching effects” of the proposal.
“Any ambiguity in the text of a measure could lead to a successful court challenge,” Griffin wrote. “Significant changes in law often have unintended consequences that, if known, would give voters serious ground for reflection.”
Griffin Abortion Amendment 01-23-24
If approved by voters, the constitutional amendment would not allow state government to “prohibit, penalize, delay, or restrict abortion services within 18 weeks of fertilization.” Abortion has been illegal in Arkansas except to save the life of a pregnant person in a “medical emergency” since the U.S. Supreme Court overturned Roe v. Wade in 2022. It is one of the strictest abortion bans in the U.S.
The amendment would also permit abortion services in cases of rape, incest, a fatal fetal anomaly or “to protect a pregnant female’s life or to protect a pregnant female from a physical disorder, physical illness, or physical injury.”
In a statement, Family Council President Jerry Cox called the proposed measure “a radical amendment legalizing abortion in a way Arkansas has never seen before.”
“It writes abortion into the Arkansas Constitution,” Cox said. “It erases virtually all of Arkansas’ pro-life laws, and it allows abortion on demand without restriction through the first eighteen weeks of pregnancy.”
Griffin said while he is pro-life, he must follow an 80-year-old process when reviewing proposed ballot initiatives.
“I am and have always been strongly pro-life, but the law does not allow me to consider my own personal views,” he said. “I am guided by the law and the law alone. I routinely certify proposals I personally oppose. Conversely, I routinely reject proposals I personally support.”
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