Updated on August 13 at 5:23 p.m. with reactions from supporters and opponents of abortion rights
Missouri voters will decide in November whether to legalize abortion in the state.
Secretary of State Jay Ashcroft’s office announced Tuesday that a proposed constitutional amendment to repeal Missouri’s abortion ban has collected enough signatures to be placed on the ballot for the November vote.
Ashcroft’s office also reported that a petition that would legalize sports betting through a constitutional amendment and a proposed amendment raising the minimum wage from $12.30 to $13.75 in 2025 and $15 in 2026 have also collected enough signatures to appear on the November ballot.
The initiative, which will appear as Amendment 3, would make abortion legal in Missouri under the state constitution until the fetus is viable.
According to the wording of the initiative, the government is also prohibited from interfering with a person’s “fundamental right to reproductive freedom.” In addition to abortion, this also includes prenatal care, postnatal care and contraception.
The amendment allows lawmakers to pass laws regulating abortions after the viability of the fetus, “provided that under no circumstances shall the Government deny, prevent, delay, or otherwise restrict an abortion that, in the reasonable judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant person.”
Currently, all abortions are illegal in the state unless they are performed to save the mother. There are no exceptions for rape and incest.
Missourians for Constitutional Freedom submitted more than twice the 171,000 signatures needed in May. In addition, an initiative must collect signatures from 8% of legal voters in six of Missouri’s eight congressional districts.
Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, called the vote on the amendment a “monumental achievement.”
“This November, Missouri voters will have the opportunity to raise their voices and put abortion decisions back where they belong: with women, their families and their doctors, not politicians,” Sweet said.
Stephanie Bell, with Missouri Stands with Women who oppose the change said A statement said abortion would be legalized at any stage of pregnancy.
However, according to the wording of the ballot, abortions would only be legal until the fetus is viable.
Bell also said, “The people of Missouri are smart and don’t want to have their freedom and security taken away. Once they learn the truth about this amendment, they will vote against it.”
The proposal met the required 8% threshold in six of Missouri’s eight congressional districts. The 6th and 8th districts did not meet the requirement.
According to the State Department, the total number of valid signatures in constituencies that met the threshold was more than 241,000.
Several lawsuits were filed against the petition, ultimately reducing the time the organization had to collect signatures.
One of the lawsuits involved the budget memorandum for the by-law provision. There was a disagreement between the Comptroller and the Secretary of State’s office over who had the authority to finalize the memo detailing the provision’s costs.
Attorney General Andrew Bailey’s office refused to approve the petition memo written by Comptroller Scott Fitzpatrick. Bailey’s office wanted Fitzpatrick to revise it to note that the abortion ban would cost Missouri billions of dollars.
Both a district judge in Cole County and the Missouri Supreme Court decided against Bailey.
Another dealt with the election wording originally written by Ashcroft.
The Missouri Western Court of Appeals ruled that Ashcroft’s summaries contained politically partisan language. The court affirmed, with few changes, a revised summary written by Cole County Circuit Court Judge Jon Beetem.
The voting text for Amendment 3 is as follows:
Would you like to amend the Missouri Constitution as follows:
- Establish a right to make decisions about reproductive health care, including abortion and contraception, with any government interference with this right deemed invalid;
- Repeal of the abortion ban in Missouri;
- Enable regulation of reproductive health care to improve or maintain patient health.
- Call on the Government not to discriminate against persons providing or receiving reproductive health care in government programs, funding and other activities; and
- Should abortions be restricted or prohibited after the viability of the fetus unless doing so protects the life or health of the woman?
State authorities expect no costs or savings, but the impact is unknown. Opponents expect a potentially significant loss of state revenue.
The amendment also provides for the following wording for a fair election, which appears next to a model ballot posted at each polling station:
“A yes vote would enshrine in the Missouri Constitution the right to abortion at any time during pregnancy. It would also prohibit all regulation of abortion, including regulations designed to protect women who have an abortion, and prohibit any civil or criminal prosecution of anyone who performs an abortion and injures or kills the pregnant woman.
If the vote is no, Missouri’s abortion ban will remain in place.
If passed, this measure may result in a reduction in local taxes, but the impact on state taxes is unknown.”
Tori Schaefer of the ACLU of Missouri said the organization is considering challenging the fair election language.
The appearance of the amendment on the ballot will change the electoral environment in the November 2024 elections.
Democrats hope that higher voter turnout in the abortion amendment vote will benefit them at the ballot box.
That includes the race for governor. Lieutenant Governor Mike Kehoe, the Republican candidate for governor, said in June that if the initiative passes, it would be “more important than ever to have a pro-life governor in office to make sure that if the initiative passes, we continue to do everything we can and that is allowed under the law to continue to protect innocent life.”
In a statement released after Tuesday’s announcement, Crystal Quade, the Democratic candidate for governor and House Minority Leader, said, “This November, Missourians will vote to restore their rights and elect a governor who will keep government out of their personal lives and ensure this election program is fully implemented.”
Sports betting
The initiative to legalize sports betting comes after the state parliament failed to pass such a measure in several sessions.
Although there was interest from both Republicans and Democrats in allowing sports betting, Senator Denny Hoskins consistently held back on this idea. He wanted to link the issue to a law that would also legalize video slot machines.
The current initiative, which will appear on the ballot as Amendment 2, is supported by Missouri sports organizations, including the St. Louis Cardinals and the Kansas City Chiefs.
The change would allow anyone aged 21 or over to bet online and at physical locations, including casinos and professional sportsbooks.
Sports betting on high school or youth events, as well as betting on specific college athletes on Missouri teams, would not be allowed.
The proposed amendment also allows the state parliament to enact laws consistent with the amendment.
Minimum wage
Proposition A is the proposed legislative change that would increase the minimum wage in Missouri.
The change would increase the minimum wage to $13.75 an hour in 2025 and again to $15 an hour in 2026.
The proposal would also require employers with 15 or more employees to provide one hour of sick leave for every 30 hours worked.
Government agencies, political subdivisions, school districts and educational institutions would be exempt from the minimum wage increase.
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