Abortion supporters pass legal hurdles to put amendment on Montana ballot

Aug. 27 (UPI) -- Montanans will vote on constitutionalizing the right to an abortion in November after a gauntlet of challenges sought to slow down signature gathering this summer.

Montanans Securing Reproductive Rights' petition signatures were certified last week after a lengthy process as the coalition of abortion rights advocates collected more than 117,000 signatures in about 80 days. It needed 60,359 valid signatures for the ballot initiative to be approved.

If the initiative passes, it will amend the state constitution to guarantee the right to access abortion services up to fetal viability, or about 23 to 24 weeks. Doctors may perform an abortion after that point if they deem it medically necessary to protect the patient's life and health.

"We're excited that CI-128 will be on the ballot in November and Montana voters will finally have the opportunity to make their voices heard and protect reproductive rights in November," Martha Fuller, president & CEO of Planned Parenthood Advocates of Montana and spokesperson for MSRR, said in a statement. "Since Roe was overturned, extreme anti-abortion politicians have used every trick in the book to take away our freedoms and ban abortion completely. During that time, we have been working together to put this issue before voters."

MSRR faced a drawn out challenge before being allowed to begin gathering signatures, beginning with Attorney General Austin Knudsen blocking the initiative in January. Knudsen claimed it violated an article of the state constitution that states amendment questions must be clearly distinguished and singular.

In March, the state supreme court ruled Knudsen could not block the ballot measure. A month later, it rewrote the ballot language that had been submitted in November. Signature gathering was allowed to begin on April 16, facing a June 21 deadline to submit.

Ashley All, communications director for MSRR, told UPI that Knudsen, Gov. Greg Gianaforte and Secretary of State Christi Jacobsen made a number of efforts to delay or slow signature gathering. Those efforts started last year as Knudsen waited to file his challenge to the amendment.

"That was the intention of waiting until after the first of the year and that has been the intention throughout this whole process," All said. "It was an effort to obstruct and delay this process in an effort to keep it off the ballot."

Republicans in the state legislature were also involved in an attempt to run out the clock. They argued that they must sign off on the amendment as well, calling for a 14-day review period after the attorney general approves it.

The state supreme court ruled that because Knudsen did not find the amendment legally sufficient, the legislative review does not apply. The court also revised some of the ballot measure's language to clarify the role of medical professionals.

Collecting and submitting signatures on time was not the end of the tug-of-war. The Secretary of State's office invalidated the signatures of an unknown number of registered voters during the certification process, resulting in a lawsuit by MSRR days before certification was due to be completed. Registered voters who were determined by the office to be inactive were purged from the rolls, according to emails shared with UPI.

A district court judge ruled in favor of MSRR, restoring the signatures of voters that were considered inactive.

The certification process in Montana is an arduous one itself. In most states, petitions are delivered to the secretary of state's office en masse. In Montana, signatures must be delivered in each of the 56 counties that signees reside.

The deadline for certification was extended by three days to ensure removed signatures could be restored.

Signature gatherers and volunteers reported facing intimidation and harassment throughout the campaign, according to All. Law enforcement was called upon to de-escalate in some cases but no instances of physical violence were verified.

Kiersten Iwai, executive director of Forward Montana, told UPI young voters played a significant role in putting CI-128 on the ballot.

Forward Montana is a nonprofit organization that mobilizes and engages young voters. About 28% of Montana's electorate is 35 years old or younger.

Iwai has observed that young voters in her state have become more socially and politically engaged since the U.S. Supreme Court's Dobbs decision in 2022.

"They're activated by this issue," she said. "Young people's engagement, it shows up in many different ways. Volunteering, talking to their friends. posting on social media. going to rallies."

"We know that young people are especially really supportive about abortion access," she continued. "They want to be part of something proactive and meaningful. Young people are absolutely critical to collecting signatures and signing petitions to get things on the ballot."

More than 500 volunteers were involved in the signature drive.

There is still a possibility of further legal challenges. The secretary of state's certification can be challenged for up to 30 days. Gianforte, fellow Republican lawmakers and anti-abortion organizations have also engaged in disinformation campaigns against the amendment.

Gianforte and U.S. Senate candidate Tim Sheehy, who is running against Democratic Sen. Jon Tester, have parroted claims made by former President Donald Trump , without evidence, that abortions have been performed up to and after birth.

All said her organization and others will focus their attention on combating disinformation and keeping voters informed.

"Montana voters clearly want to make their voices heard on this issue," she said.

The Supreme Court of Montana ruled in the 1999 case Armstrong vs. Montana that a woman has a constitutional right to obtain an abortion during the first trimester of pregnancy. This has remained the law in Montana.