Arizona Secretary of State Adrian Fontes has signed the paperwork to place the Arizona for Abortion Access Act on the ballot as Proposition 139. According to the Secretary of State’s office, the estimated total of valid signatures is 577,971, setting a new record.
This record-setting signature count reflects the heightened public interest surrounding abortion rights in Arizona, an issue that has taken on new significance following the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022.
Since that decision, abortion has been criminalized in several states including Arizona.
Current Arizona Abortion Laws and Regulations
Currently, under Arizona law, “abortion” is defined as the intentional use of any method to end a clinically diagnosable pregnancy with the knowledge that doing so will likely result in the death of the unborn child A.R.S. § 36-2151.
In Arizona, doctors are permitted to perform abortions up to 15 weeks of gestational age, which is calculated from the first day of the patient’s last menstrual period. After this 15-week period, abortion remains legal if a doctor determines that there is a medical emergency. State law defines a “medical emergency” as a situation where immediate abortion care is required to prevent the patient’s death or to avoid a significant and irreversible impairment of a major bodily function. The measure includes exceptions for medical emergencies but imposes restrictions on non-surgical abortions. It also mandates an ultrasound prior to the procedure and requires parental consent for minors seeking an abortion.
Arizona Proposition 139
If approved, Arizona Proposition 139, the Right to Abortion Initiative, will appear on the November 5 ballot as an initiated constitutional amendment.
The proposed amendment to Arizona’s constitution would establish a fundamental right to abortion, allowing the procedure until a fetus reaches viability, typically around 24 weeks. Exceptions would be made to save the mother’s life or to protect her physical or mental health. The amendment would prevent the state from enacting, adopting or enforcing any law that:
- Denies, restricts, or interferes with the right to abortion before fetal viability, unless justified by a compelling state interest achieved by the least restrictive means.
- Denies, restricts, or interferes with an abortion after fetal viability if, in the judgment of a treating healthcare professional, it is necessary to protect the life or health of the pregnant individual.
- Penalizes anyone for aiding or assisting a pregnant person in obtaining an abortion.
Under the amendment, “compelling state interest” refers to laws focused solely on improving or maintaining the health of those seeking abortion care, in line with clinical standards and evidence-based medicine, without infringing on individual decision-making. “Fetal viability” is defined as the point when a fetus can likely survive outside the womb without extraordinary medical intervention, as determined by a healthcare professional. The term “state” encompasses the state of Arizona, any of its agencies, and political subdivisions.
The measure comes amid a historic number of abortion-related ballot measures this year, with eight states, including Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nevada, New York and South Dakota set to address the issue.
According to Arizona for Abortion Access, on July 3rd, they submitted 823,685 signatures, which was far above the 383,923 required from registered voters.
County election officials have until August 22 to verify the signatures before they can be added to the ballots.
