Arizona’s November Ballot to Feature Abortion Measure

This is the first in a series about the propositions that will appear on the general election ballot on Tuesday, Nov. 5.

Arizona is gearing up for a significant general election, with voters set to encounter 13 statewide ballot propositions this November—marking the highest number since 2006. The majority of these propositions have been crafted by Republican lawmakers seeking to bypass potential vetoes from Democratic Governor Katie Hobbs. Since her inauguration on January 2, 2023, Hobbs has recorded 185 vetoes in just 16 months, surpassing the previous record held by fellow Democrat Janet Napolitano.

The most notable measure this election cycle is Proposition 139, known as the Right to Abortion Initiative. It emerged from a grassroots effort, with organizers gathering 577,971 signatures—far exceeding the required 384,000. The Arizona Supreme Court cleared the initiative for the ballot on August 20, emphasizing its status among nine other states with active abortion propositions.

Key aspects of Proposition 139 include the establishment of a fundamental right to abortion within the state constitution. It specifies protections before and after fetal viability and ensures that individuals cannot be penalized for helping others exercise this right. However, Arizona Right to Life, an anti-abortion organization, has contested the proposition, alleging misleading practices during signature gathering and asserting that around 250,000 signatures may be invalid.

Should Proposition 139 pass, it would permit abortions up to 24 weeks, except under conditions designed to safeguard the mother’s life or in cases of rape or incest. In April, the Arizona Supreme Court had restored an 1864 near-total abortion ban, later repealed by the legislature and signed into law by Hobbs. Currently, the law allows abortions within the first 15 weeks of pregnancy.

In a related proposition, Proposition 140 aims to reform electoral processes by introducing an open primary system. This would allow all candidates to compete in a single primary, with the top performers advancing to the general election through a ranked-choice voting mechanism. Critics, including the Arizona Free Enterprise Club, argue that this resembles a “California-style election scheme,” which they believe would undermine fair representation.

Despite legal challenges from both the state Republican and Democratic parties claiming that Proposition 140 violates constitutional amendment guidelines, the Arizona Supreme Court has dismissed these cases. However, a continuation of legal scrutiny over the validity of more than 38,000 petition signatures is expected in the coming days.

Proposition 133, a response to Proposition 140, seeks to mandate partisan primaries and necessitate constitutional amendments for any future changes in primary voting procedures. Primary sponsor, outgoing Representative Austin Smith, has expressed strong opposition to measures like ranked-choice voting and open primaries.

The deadline for voter registration is approaching quickly, set for Monday, October 7, as Arizona prepares for what could be a pivotal ballot this fall.