UACES Facebook In the Weeds: Arkansas Abortion Amendment of 2024
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In the Weeds: Arkansas Abortion Amendment of 2024

by Kristin Higgins - February 9, 2024

Go "deep into the weeds" with us on the Arkansas Abortion Amendment of 2024, a proposed Arkansas 2024 ballot issue. Find links and more information about the proposal.

We will publish a voter guide on all 2024 Arkansas ballot issues in October. In the meantime, this blog post shares information about this proposed citizen initiative.

Status: Sponsors submitted petitions for this issue on July 5, 2024. We will know by Aug. 22 whether the Secretary of State's Office has included this proposal on the statewide ballot.

Ballot Information

The popular name may be called the title by some people:

Arkansas Abortion Amendment of 2024

Sometimes called a ballot summary, this is the information that appears on voter petitions and would appear on the ballot if the issue qualifies:

An amendment to the Arkansas Constitution to change Arkansas law regarding
abortion; current Arkansas law prohibits abortion except to save the life of the
pregnant female in a medical emergency, and the current Arkansas Constitution
does not restrict the State of Arkansas’s authority to regulate abortion services to
protect the health and safety of the pregnant female or for other purposes; this
amendment changes Arkansas law by amending the Arkansas Constitution to
provide that the government of the State of Arkansas, its officers, or its political
subdivisions shall not prohibit, penalize, delay, or restrict abortion services (1) in
cases of rape, (2) in cases of incest, (3) in the event of a fatal fetal anomaly, or (4)
when, in a physician’s good-faith medical judgment, abortion services are needed
to protect a pregnant female’s life or to protect a pregnant female from a physical
disorder, physical illness, or physical injury; to provide that the government of the
State of Arkansas, its officers, or its political subdivisions shall not prohibit,
penalize, delay, or restrict abortion services within 18 weeks of fertilization, which
equates to approximately 20 weeks since the first day of the pregnant female’s last
menstrual period; to define a “fatal fetal anomaly” as a medical condition diagnosed
before birth that, in a physician’s good-faith medical judgment, will lead to fetal or
neonatal death and for which life-saving medical intervention would be futile; to
define “physical disorder, physical illness, or physical injury” to include, without
limitation, (1) a life-endangering physical disorder, physical illness, or physical
injury caused by or arising from the pregnancy itself and (2) any situation in which
continuation of a pregnancy will create a serious risk of substantial impairment of
a major bodily function of a pregnant female; to define “major bodily function” to
include, without limitation, (1) functions of the immune system, (2) normal cell
growth, (3) digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions, and (4) operation of an individual organ
within a body system; to define “fertilization” as the fusion of a human
spermatozoon with a human ovum; to define “abortion services” as medical
interventions provided to a pregnant female to end the medical condition of
pregnancy but not to include accidental or unintentional injury or death of an
embryo or fetus before birth; to provide that abortions services assisted by a
physician may be provided in a hospital, emergency department, a physician’s
office or clinic, a surgery center, a free-standing birthing center, or other licensed
healthcare facility; to provide that section 2 of Amendment 68 of the Arkansas
Constitution is amended to add the phrase “and the Constitution of the State of
Arkansas,” and would read as follows: “Section 2: Public Policy: The policy of
Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution and the Constitution of the State
of Arkansas”; to declare that all provisions of the constitution, statutes, and
common law of the State of Arkansas are null and void to the extent they conflict
with any provision of this amendment; to provide that this amendment shall be selfexecuting; and to provide that any provision of this amendment that is held to be
invalid shall be severable from the remaining provisions of this amendment. 

Voters see the popular name and ballot title on Election Day. The full text of proposed amendments do not appear on the ballot.

Read the full text of the amendment as provided by the sponsor.

The Arkansas Attorney General is responsible for certifying that popular names and ballot titles are free from misleading information. Only after this certification can sponsors start collecting voter signatures.

Date Certified: Jan. 23, 2024

Read the AG's Opinion

Sponsors must collect signatures from at least 90,704 Arkansas voters, with a certain percentage coming from at least 50 counties. The deadline to submit signatures is July 5, 2024.

Secretary of State's Initiatives and Referenda Handbook

 

Ethics Commission Information

Supporters and opponents of a proposed ballot issue are required to file paperwork with the Arkansas Ethics Commission upon raising or spending $500. 

Arkansans for Limited Government

Ballot Question Committee Statement of Organization

To see the financial statements filed by the Arkansans for Limited Government, go to https://www.arkansasethics.com/ and click on "LO-BQC, BQC, AND LQC FILINGS"

Use the drop down menu to find the group's name. Doing this will reveal their filings with the Arkansas Ethics Commission.

 

Websites

Ballot issue websites for supporters and opponents will be added as they are known.

 

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