An effort to limit Arkansas lawmakers' ability to restrict access to abortion has failed its first hurdle in getting before voters on the 2024 ballot.
A group called Arkansans for Limited Government is working to enshrine reproductive care in the state constitution. An amendment they are proposing would legally protect abortion up to the 18th week of pregnancy, or in cases of rape and danger to the mother's life.
In order to put it on the ballot, the group must first submit the popular name and ballot title to Attorney General Tim Griffin.
On Tuesday, Griffin rejected the first ballot title proposal.
In a seven-page statement, the attorney general outlined his reasoning.
Each ballot proposal has a short “popular name” and a longer title describing the amendment. The popular name of the amendment is the “The Arkansas Reproductive Healthcare Amendment.” The longer title contained phrases to which the attorney general objected.
The title says that the legislature cannot “restrict access to abortion.” Griffin felt this could be confusing since the title doesn’t explain what it means by the word “access.” Later, the ballot title says of life saving abortions, “protect the female's life or health.” Again, Griffin thought this was too vague.
“The term could cover physical health only or just mental health,” his statement said.
Griffin also objected to the phrase “incompatible with life outside the womb” saying it didn't clarify which situations to which this is referring.
The attorney general also argued the title contained contradictions. For example, the title said that the Arkansas legislature “shall not penalize an individual for requesting or receiving abortion services,” while also saying that the legislature can regulate abortion in “certain circumstances.” Griffin said this presented an internal contradiction and was confused as to how the legislature could regulate abortions without using penalties.
In a statement, Arkansans for Limited Government said they were grateful for Griffin's “thorough review of and impartial response to the amendment’s language.” They said they “are committed to supporting a ballot proposal that is clear for Arkansas voters.”
