Voters in Michigan may not be able to vote on an initiative seeking to overturn abortion restrictions after the state elections board failed to reach the necessary three-vote threshold to put the proposed constitutional amendment on the November ballot.
The elections board split 2-2, with Democrats voting to put the measure on the ballot, while Republicans rejected the effort.
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The decision is likely to draw legal challenges from abortion rights activists as several groups seek to place the decision in the hands of voters. The amendment seeks to reverse a 91-year-old state law that bans abortion in all instances except for when the mother’s life is at risk.
“We had more than 730,000 people who read, signed and understood what they signed,” said Darci McConnell, spokeswoman for Reproductive Freedom for All, which is backing the measure, according to the Associated Press. “The board was supposed to do one thing today and affirm that we had the signatures, their own bureau said we did. So we’re still optimistic that we’ll be on the ballot in November.”
Michigan’s abortion law, originally passed in 1931 and triggered after the Supreme Court overturned Roe v. Wade, is currently blocked amid legal battles. Under the ban, anyone who performs an abortion could be found guilty of manslaughter.
However, a county judge in Michigan ruled earlier this month that the law cannot be enforced, noting it was “in the public’s best interest to let the people of the great state of Michigan decide this matter at the ballot box.”
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Abortion rights activists submitted over 750,000 signatures to have the initiative appear on the ballot. The Bureau of Elections confirmed last week that the petition contained enough valid signatures to appear on the ballot, recommending that the state Board of Canvassers approve the decision. However, that measure failed to pass on Wednesday after the four-member board split on the vote.
Democrats have hinged their hopes on having abortion rights on the November ballot, looking at the proposed amendment as a chance to increase voter turnout in their favor. Several Democratic candidates have also emphasized abortion rights throughout their campaigns, hoping to motivate voters.
