JEFFERSON CITY, Mo. (AP) 鈥� A Missouri judge will rule Thursday on whether the Republican secretary of state's official description of an abortion-rights amendment on November's ballot is misleading.
At issue is a proposed amendment to Missouri's Constitution that would restore abortion rights in the state, which banned almost all abortions after the U.S. Supreme Court overturned Roe v. Wade in 2022.
At least nine will consider constitutional amendments this fall 鈥� Arizona, Colorado, Florida, Maryland, Montana, Nebraska, Nevada and South Dakota.
In Missouri, ballot language is displayed at polling centers to help voters understand the impact of voting 鈥測es鈥� or 鈥渘o鈥� on sometimes complicated ballot measures.
Ballot language written by Republican Secretary of State Jay Ashcroft's office says a 鈥測es鈥� vote on the abortion-rights measure would enshrine 鈥渢he right to abortion at any time of a pregnancy in the Missouri Constitution.鈥�
鈥淎dditionally, it will prohibit any regulation of abortion, including regulations designed to protect women undergoing abortions and prohibit any civil or criminal recourse against anyone who performs an abortion and hurts or kills the pregnant women,鈥� according to Ashcroft鈥檚 language.
The amendment itself states that the government shall not infringe on an individual鈥檚 right to 鈥渞eproductive freedom,鈥� which is defined as 鈥渁ll matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions.鈥�
Tori Schafer, a lawyer for the woman who proposed the amendment, said Ashcroft鈥檚 official description of the measure is 鈥渁rgumentative, misleading and inaccurate.鈥� She asked Cole County Judge Cotton Walker to rewrite Ashcroft鈥檚 ballot language.
鈥淢issourians are entitled to fair, accurate, and sufficient language that will allow them to cast an informed vote for or against the Amendment without being subjected to the Secretary of State鈥檚 disinformation,鈥� the plaintiff's lawyers wrote in a court brief.
Assistant Attorney General Andrew Crane defended Ashcroft's summary in court. He pointed to a clause in the amendment protecting 鈥渁ny person" from prosecution or penalties if they consentually assist a person exercise their right to reproductive freedom. Crane said if enacted, that provision would render any abortion regulations toothless.
鈥淭he government will be effectively unable to enforce any restrictions on abortions,鈥� Crane said.
Walker said he will make a decision Thursday.
This is the second time Ashcroft and the abortion-rights campaign have clashed over his official descriptions of the amendment.
The campaign in 2023 also over how his office described the amendment in a ballot summary. Ballot summaries are high-level overviews of amendments, similar to ballot language. But summaries are included on ballots.
Ashcroft鈥檚 ballot summary said the measure would allow 鈥渄angerous and unregulated abortions until live birth."
A three-judge panel of the Western District Court of Appeals Ashcroft's summary was and rewrote it.
Summer Ballentine, The Associated Press
