Topline
Early voting began this week on an Ohio ballot measure that will determine the future of abortion rights in the state, marking the biggest fight over reproductive rights in this year’s elections—and potentially signaling how other states could fare next November.
Key Facts
Ohio’s ballot measure, known as Issue 1, would establish an “individual right to one’s own reproductive medical treatment, including but not limited to abortion,” in the state Constitution.
It would legally protect people who assist with abortions and allow abortion up until the point a fetus is viable, as determined by a physician, only allowing abortions after that point if necessary to protect the pregnant person’s “life or health.”
Early voting in the race began on Wednesday ahead of Election Day on November 7.
Ohio currently permits abortion up to 22 weeks into a pregnancy, though the state passed a six-week abortion ban that courts have blocked—which could still take effect in the future if the ballot measure doesn’t pass, as the Ohio Supreme Court heard the case last month.
The state is the only one with an abortion-related measure on the ballot in this year’s general election, ahead of multiple states that are expected to consider the issue next year.
A July USA Today/Suffolk University poll found 58% of Ohio voters support the reproductive rights measure, suggesting it has a likely chance of passing.
Big Number
18,488. That’s the number of abortions that took place in Ohio in 2022, according to the state’s Department of Health, which is down 15% from 2021.
Chief Critic
Ohio Gov. Mike DeWine (R) has vocally opposed the proposed amendment and urged voters to vote “no” on Issue 1, believing it goes too far. “Whether you’re pro-life or pro-choice, Issue 1 is just not right for Ohio,” DeWine, who has championed anti-abortion measures in the past, claimed in an ad released Thursday.
Surprising Fact
The ballot measure’s language has been a source of contention. Abortion rights advocates sued the state’s ballot board after the GOP-controlled board replaced the word “fetus” in the measure’s proposed text with “unborn child,” which the challengers argued “introduces an ethical judgment” into the text. The Ohio Supreme Court sided with the ballot board, and the final measure includes the “unborn child” wording.
What To Watch For
While Ohio is the only state with abortion directly on the ballot this year, a number of states are expected to follow suit in 2024. Ballot measures are in the process of moving forward in such battleground states as Arizona and Florida—where opponents are now challenging the measure in court—and are already set to be on the ballot in New York and Maryland. Advocates on both sides of the debate told Politico they view the Ohio measure as a bellwether of how next year’s races could fare, and Ohio’s status as the only state with a measure this year means both sides have been able to pour resources into the race in hopes of influencing the debate. “Ohio is the first of a lot to come in the year ahead,” March for Life President Jeanne Mancini told Politico. “That’s why we’re looking even more closely at Ohio: It could easily set the standard.”
Key Background
Ballot measures have emerged as a key strategy for abortion rights proponents to protect access to the procedure in the wake of the Supreme Court overturning Roe v. Wade in June 2022. While states across the country have moved to restrict or totally ban access to abortion, public opinion is largely in favor of keeping abortion broadly legal, bringing voters to the ballot box to protect abortion rights. Voters in six states voted in favor of abortion rights in ballot measures in 2022, including in Kansas, Michigan, California, Vermont, Kentucky and Montana. No ballot measures came out against reproductive rights. The overwhelming support in favor of abortion-related ballot measures has resulted in opponents trying to make them harder to pass or move forward. Ohio’s race comes after a special ballot measure election in August, which asked voters to raise the threshold for ballot measures to pass to 60%. The ballot measure, which proponents admitted was specifically aimed at the reproductive rights measure, ultimately failed, and Issue 1 will only need a simple majority to pass.
Further Reading
Conservatives target Ohio to end their losing streak on abortion votes (Politico)
Ohio Could Vote To Protect Abortion Rights As Latest Ballot Measure Moves Forward (Forbes)
Ohio Supreme Court rules ‘unborn child’ wording can remain in abortion ballot language (NBC News)