Abortion will be on the ballot in Arizona. Here’s what to know

The Arizona for Abortion Access campaign turned in over 800,000 signatures to get on the ballot, more than double what it needed.

Arizonans will have the chance this November to make abortion a constitutionally protected right in our state. 

The Arizona Abortion Access Act, known as Proposition 139, would amend the state constitution to allow for abortion up to fetal viability, or about 24 weeks of pregnancy. This was the standard for legal abortions under Roe v. Wade, the US Supreme Court ruling from 1973 that granted a federal right to abortion. 

Why does this matter?

After the US Supreme Court overturned Roe v. Wade in 2022, Arizona’s laws around abortion shifted dramatically. 

In anticipation of Roe v. Wade being overturned that year, the Republican-controlled state Legislature passed a ban on abortion after 15 weeks except in cases of medical emergencies. There is no exception for victims of sexual assault, and doctors who break the law can be prosecuted for a felony and have their license taken away.

When Republicans passed this law, they chose not to overwrite a total ban on abortion that was still on the books from Arizona’s pre statehood days in 1864. This ban did not allow abortions at any time except in medical emergencies, and it carried a prison sentence of two to five years for anyone who aided someone in getting an abortion. 

Arizonans were left in confusion for months while courts decided which law took precedent.The Arizona Court of Appeals in December 2022 settled on the 15-week ban being law of the land. 

Then in April of this year, the Arizona Supreme Court, the highest court in the state, reinstated the 1864 law.

This caused outrage across the state and made national news—and some Republicans tried to distance themselves from the result of their actions. A few Republicans sided with Democrats in passing a repeal of the law, which Democratic Gov. Katie Hobbs signed in May. 

Due to the repeal, the state will continue operating under its 15-week ban, but the state Legislature has the freedom to pass more restrictive laws. 

What does the Arizona Abortion Access Act do?

If voters pass the Arizona Abortion Access Act, the state will not be allowed to interfere with a person’s right to access abortion up to fetal viability. 

Abortions will be allowed to be performed after that point if the pregnant person’s life is at risk. 

The measure also prevents the state from being able to punish anyone for helping someone get an abortion. 

How did it get on the ballot?

The Arizona Abortion Access Act is a citizen-led initiative. This means organizers behind the ballot measure had to collect 383,923 signatures from Arizona voters in support of the measure being on the ballot for it to qualify for the 2024 ballot. 

The campaign ended up turning in over 800,000 signatures, more than double what it needed, and the most ever turned in for a citizen-led ballot measure in the state. 

On Aug. 12, the Arizona Secretary of State’s Office verified over 577,000 signatures, ensuring the measure’s place on the November ballot.

Is this happening in other states?

Arizona is not the only state voting on abortion this fall. 

Voters will see citizen-led ballot measures expanding abortion rights in Colorado, Florida, Missouri, Montana, Nebraska, Nevada, and South Dakota. Maryland and New York will also vote on a ballot measure protecting abortion, but the state’s Legislatures placed the measure on the ballot rather than citizens. 

A campaign in Arkansas tried to get abortion protections on their ballot, but the state Supreme Court disqualified the measure. 

Are you ready to vote? Make sure to check your voter registration status, see who’s on your ballot, and make a voting plan here.