Group behind abortion amendment challenges 'deceptive' ballot language

Watch an earlier report on the Ohio Ballot Board's language certification in the video player above.

COLUMBUS, Ohio (WCMH) – The group behind an abortion rights amendment slated for a November vote is challenging the language that will appear on the ballot, calling it deceptive, inaccurate and an abuse of the ballot board’s power.

Ohioans United for Reproductive Rights announced Monday it plans to file suit with the Ohio Supreme Court, asking the court to order the Ohio Ballot Board to change the language that will appear on voters’ ballots for Issue 1 in November. If passed, Issue 1 would, among other things, protect the right to abortion up until fetal viability, as determined by a person’s physician.

Last week, instead of placing the full text of the amendment on the ballot, the Ohio Ballot Board opted to use a summary produced by the Secretary of State’s Office. That summary omits key portions of the amendment and is designed to mislead voters on Election Day in violation of the ballot board’s responsibilities, said Lauren Blauvelt, spokesperson for the coalition.

“The Ballot Board’s members adopted politicized, distorted language for the amendment, exploiting their authority in a last ditch effort to deceive and confuse Ohio voters ahead of the November vote on reproductive freedom,” Blauvelt, who also serves as vice president of government affairs and public advocacy for Planned Parenthood of Greater Ohio, said in a statement. 

The proposed abortion rights amendment provides for the following:

• Every Ohioan has a right to make their own reproductive decisions, including contraception, fertility treatment, continuing one’s own pregnancy, miscarriage and abortion
• The state cannot burden, penalize, prohibit, interfere with or discriminate against an Ohioan’s decision to exercise their reproductive rights
• Abortion can be prohibited after fetal viability, but it cannot be prohibited if a physician deems the procedure necessary to protect the patient’s life or health
• Fetal viability is defined as the point in a pregnancy when a physician deems the fetus has a “significant likelihood of survival outside the uterus with reasonable measures” and is determined on a case-by-case basis

Convened to establish the ballot language for constitutional amendments and statewide issues, ballot board members’ disdain for the amendment was on display during its meeting Aug. 24. Sen. Theresa Gavarone, one of five ballot board members, claimed during the meeting that it was “unequivocally true” that the amendment would enshrine “painful, late-term abortions” in Ohio’s constitution. 

“This is a dangerous amendment that I’m going to fight tirelessly to defeat,” Gavarone said. “But that’s not why we’re here today.”

To the dismay of Democratic lawmakers on the board, the Ohio Ballot Board adopted a summary that, among other things, replaced mentions of “fetus” with “unborn child,” removes gender neutral language and doesn’t include the other aspects of reproductive health the amendment would protect, such as fertility treatment and contraception. In a statement, Blauvelt said the ballot board flouted its responsibility to adopt language that “does not mislead, deceive or defraud voters.”

“The summary that was adopted by the Ballot Board is intentionally misleading and fails to meet the standards required by Ohio law,” Blauvelt said. “Ohio voters deserve to see the full amendment language for Issue 1.”

Ohioans United for Reproductive Rights will ask the Ohio Supreme Court to order the ballot board to adopt the language of the amendment or otherwise change the ballot language to more accurately reflect the amendment.

Early voting for the November election begins Oct. 11.