Arizona judge rejects GOP wording for abortion ballot initiative pamphlet

PHOENIX (AP) — A judge on Friday dismissed an effort by Republican Party lawmakers using the term “unborn human being” to refer to a fetus in the pamphlet that Arizona voters will use to consider a ballot measure that would expand access to abortion in the state.

Maricopa County Superior Court Judge Christopher Whitten said the wording suggested by the legislative council is “full of emotion and partisan meaning” and called for what he called more “neutral” language. The measure aims to expand access to abortion from 15 to 24 weeks – the point at which a fetus can survive outside the womb.

It would allow exemptions to save a woman’s life or to protect her physical or mental health. It would also prevent the State from adopting or applying laws that prohibit access to the procedure.

Arizona House Speaker Ben Toma, who is co-chair of the legislative council, said the group will appeal the court’s decision to the state Supreme Court.

“The decision is simply wrong and clearly partisan,” said Toma, a Republican.

Aaron Thacker, communications director for Arizona Secretary of State Adrian Fontes, noted that the final decision on the vote remains up in the air.

“There are still a lot of scenarios in play,” he said. “Even after the clerk certifies the signatures, the courts have to decide whether counties can put it on the ballot or not.”

Arizona for Abortion Access, the organization leading the election campaign, sued the board earlier this month over the suggested language and defended the term “fetus,” which the board rejected.

Attorney General Kris Mayes wrote in a motion to file an amicus brief that “fetus” and “pregnancy” are neutral terms the board could adopt.

“It is critically important to us that Arizona voters learn more and evaluate our measure with objective and accurate terminology,” said Dawn Penich, communications director for the abortion access group.

Democrats focused on abortion rights in their campaigns in this year’s elections. Organizers from five other states have also proposed similar measures that would codify abortion access in state constitutions: Colorado, Florida, Maryland, Nevada and South Dakota.

Arizona organizers submitted more than double the number of signatures needed for the measure to appear on the ballot.