KANSAS CITY, Missouri – Two Missouri lawmakers were part of a group that filed a lawsuit to prevent an abortion issue from being placed on the November ballot.

Republican Rep. Hannah Kelly and Sen. Mary Elizabeth Coleman of Missouri filed suit in Cole County this week.

On August 13, Missouri Secretary of State Jay Ashcroft certified three ballot initiatives and determined that there were enough signatures to put them on the ballot.

Among them was one who wanted to restore the right to abortion.

The abortion issue, called the Right to Reproductive Freedom initiative, would allow abortions up to the point of fetal viability if voters approve.

It defines fetal viability as follows: “The point in time during pregnancy when, in the judgment of the attending physician and based on the particular circumstances of the case, there is a substantial probability that the fetus will survive outside the uterus without the use of extraordinary measures.”

Missouri banned most abortions in 2022, except for medical emergencies, after the Supreme Court overturned the Roe v. Wade decision.

The lawsuit names Ashcroft and alleges that the petition violates both Missouri state law and the Constitution because it fails to “identify the laws and constitutional provisions it would directly or indirectly repeal,” according to a press release from the Thomas More Society, which filed suit on behalf of the lawmakers.

READ | Missouri Legislature Files Lawsuit Against Ashcroft

The lawsuit asks a court to overturn the certification of signatures collected in support of the petition and remove it from the November ballot.

KSHB 41 has reached out to Ashcroft’s office for comment on the matter. This article will be updated when a response is received.

The lawsuit was also filed on behalf of pro-life advocates Kathy Forck and Peggy Forrest, president and CEO of Our Lady’s Inn.

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