MI Elections Board Rejects Abortion Rights Ballot Initiative

MICHIGAN — State election officials rejected a ballot proposal Wednesday that would give Michiganders the right to choose whether abortion is protected in the state's constitution.

The Michigan Board of State Canvassers voted in a tie with two Republicans voting against it and two Democrats supporting to send the proposal to voters in November. The decision will likely be challenged in the state's Supreme Court.

All ballot proposals must be turned in to the Secretary of State's office by Sept. 9.

The Reproductive Freedom for All petition would amend the Michigan constitution to guarantee the right to make decisions about all matters relating to pregnancy, including birth control, abortion, prenatal care and childbirth, nullifying the state's 1931 law banning abortion.

Challengers said the proposal circulated to voters wasn't written in plain English because too many words did not have proper spacing, making the text in the proposal a string of gibberish. Moreover, challengers also reiterated the proposal that gained over 750,000 signatures was not the same petition election officials approved in March.

The state's Board of Elections plays a key part statewide ballot proposals, as it is tasked with reviewing the petition and approving the exact language that voters will see on those ballots.

Although representatives from the Reproductive Freedom for All acknowledged the spacing issues in the petition, they argued there's nothing wrong with the content. Furthermore, they said more than 750,000 people signed the petition without raising an issue about the spacing issues, essentially saying everyone who read the petition understood what they were signing.

Even if the state's Supreme Court ultimately allows the petition to make the November ballot, it will still likely be challenged if voters approve it because of other provisions in the petition, such as parental consent to an abortion. Gov. Gretchen Whitmer has also filed a lawsuit, asking the court to recognize abortion rights in the state's constitution under bodily integrity provisions.

In other words, one way or another, the Michigan Supreme Court will have the ultimate say in whether abortion will be legal in the state - for as long as the state's 1931 law is on the books.

Even though a state judge threw out a temporary injunction blocking the state's 1931 law abortion ban, abortion remains legal in Michigan after an Oakland County judge blocked county prosecutors from criminally charging doctors who perform abortions while further legal proceedings play out.

The board also reject a separate ballot initiative that would make voting easier and more accessible in Michigan. That decision is also expected to be challenged in court.

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