Arizona Supreme Court accepts abortion ballot initiative description, putting question to voters News
Janni Rye, CC0, via Wikimedia Commons
Arizona Supreme Court accepts abortion ballot initiative description, putting question to voters

The Arizona Supreme Court ruled on Tuesday that a 200-word description of a ballot initiative to enshrine a right to abortion in the state’s constitution was valid and determined voters would see the initiative on the statewide general election ballot.

The plaintiff in this case is the Arizona Right to Life organization and the defendant is Arizona Secretary of State Adrian Fontes. The Arizona Right to Life is a non-profit organization advocating for pro-life legislation. The initiative to amend the Arizona Constitution to include a fundamental right to abortion was organized by Arizona abortion rights advocates. These advocates garnered at least 383,923 signatures from eligible Arizona voters in support of the amendment as required by state law to include it on the ballot.

The court unanimously affirmed the decision of the Maricopa County Superior Court, which had similarly determined the initiative description was valid and would’ve allowed the initiative in the general election pamphlet and on the ballot.

According to the Arizona Revised Statutes under 19-102, the description of the initiative could not be more than 200 words, and for it to be disqualified, it either must have “(1) ‘omitted a ‘principal provision’ of the measure’ or (2) failed to accurately communicate the principal provisions’ general objectives.” The plaintiff challenged the description on the second point, arguing that it failed to accurately describe the general objectives.

In the court’s analysis of the description’s accuracy, it determined the description achieves a fair characterization of the initiative’s objectives and there is nothing in it that “‘communicates objectively false or misleading information or obscures the principal provisions’ basic thrust'” contrary to the Arizona statute. Additionally, the court explained the description does not have to include the impact or effect the initiative could have on present law despite the plaintiff’s argument that it should. Rather, the court determined a reasonable person would be able to understand if the amendment were adopted, present law that contradicts it would be rendered invalid.

The plaintiff sought injunctive relief in this case, but the court affirmed the superior court’s denial of relief. This decision allows the Arizona Secretary of State to move forward under Title 19 and include the initiative in the general election pamphlet and on the statewide general election ballot as mentioned.

The United States Supreme Court overturned the federal fundamental right to abortion in 2022. Other states, including Florida and Missouri, will also consider amendments to their state constitutions for various scopes of a right to abortion in their general elections in November 2024. Ohio voters were able to enshrine a constitutional right to abortion in their November 2023 election.

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