Arizona Republicans are considering strategies to counter a potential abortion rights ballot initiative this fall, according to a draft proposal obtained by CNN. One of the options includes introducing their own measures that could potentially divert support from the initiative to enshrine abortion access in the state constitution.
The proposal suggests that Republicans could introduce two ballot initiatives that would limit abortion to either six weeks or the beginning of the 15th week of pregnancy. The draft was prepared by Linley Wilson, the general counsel to Arizona House Republicans, following the revival of a near-total abortion ban by the Arizona Supreme Court.
Arizona for Abortion Access, a coalition of abortion rights advocates, has collected over 500,000 signatures to put a constitutional amendment on the November ballot. This amendment would protect abortion until fetal viability, which doctors estimate to be around 22 to 24 weeks.
Arizona Republicans are under significant pressure to address abortion rights following the state Supreme Court’s decision to revive an 1864 law that bans abortion except to save the life of the pregnant person. This law also threatens doctors with prison sentences of two to five years.
House GOP Speaker Ben Toma stated, “The document presents ideas drafted for internal discussion and consideration within the caucus. We are looking at options to address this subject, and this is simply part of that.”
The memo suggests that one of the benefits of this strategy would be to increase the likelihood of the Arizona for Abortion Access Initiative failing due to a split vote. However, Wilson noted that a potential downside would be the transfer of abortion regulation from the Legislature to voters.
The proposed ballot initiatives are part of a multi-phase approach designed to either block the Arizona for Abortion Access initiative or protect lawmakers’ ability to regulate abortion access. Since the US Supreme Court overturned Roe v. Wade in 2022, abortion rights groups have found success with ballot initiatives.
Arizona for Abortion Access criticized the draft strategy memo, labeling it a political scheme intended to create chaos. The group stated, “This shows yet again why Arizonans can’t leave our most basic and personal rights in the hands of politicians.”
In response to the state Supreme Court decision, House Republicans adjourned early to prevent Democrats from rolling back the ban. The legislature is scheduled to reconvene on Wednesday. Republicans in competitive races, including former President Donald Trump and Senate candidate Kari Lake, have urged the GOP-led legislature to collaborate with Democratic Gov. Katie Hobbs on a solution.
However, the proposal from Wilson suggests a different path for Republicans. It proposes a two-phase plan to change the narrative and demonstrate that the party has a strategy, which could potentially draw votes away from the Arizona for Abortion Access Initiative.
Under the proposed Phase 1, lawmakers would add a measure to the November ballot allowing them to regulate certain practices, including requiring parental consent or a court order for minors seeking abortions and limiting the procedure to physicians. This measure would exist alongside the fetal viability amendment.
Under the proposed Phase 2, the legislature would refer the six-week ban and a second measure described as “a 14-week law disguised as a 15-week law.” An alternative to Phase 2 suggests a conditional enactment of the abortion rights ballot initiative, stating it is “not absolute,” and allowing for laws regulating abortion for reasons including the “mitigation of fetal pain.”
Any ballot initiative referred by the Republican-led legislature would not require the signature of Gov. Hobbs. However, it remains unclear whether Republicans, who hold slim majorities in the state House and Senate, will have enough support to implement the proposed plan.
The memo concludes with a meme featuring talk show host Seth Meyers, captioned: “Boom. Easy as that.”
This story has been updated with additional details.