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Arizona's Prop 139 has passed. What happens now?

The Arizona Abortion Access Act has won the majority of the vote, but when could it go into effect?

PHOENIX — Changes are coming to abortion care in Arizona and Proposition 139 supporters say it's a big win.

"This is the best and only way to make sure our state preserves abortion access," Chris Love said.

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Love helped create the measure and get it on the ballot. It was a labor of love for Love that was two years in the making. She says the overwhelming support from both parties now puts rights back in the hands of women.

"And they all agree with us about the very idea patients should have the freedom of making decisions about their reproductive healthcare with their providers and without the government," she said.

The passing of Proposition 139 will now amend the state constitution to allow abortions up to fetal viability, around 24 weeks or so. Currently, Arizona law states someone has up to 15 weeks. There are exceptions with the Proposition to help protect the life, physical or mental health of a pregnant person. Someone assisting an abortion will also not be penalized.

"We're going to work our tails off to not only make sure this amendment is implemented but that it protects the direct democracy process we have," Love said.

Results are still being tabulated, so when could this officially go into effect?

"A historic win is an understatement," Victoria Lopez said. "So many eyes across the country were watching Arizona and the outcome of 139 and we're supporting it."

Lopez is the Director of Program and Strategy at the ACLU of Arizona. She says there's a process that now will be followed.

"What comes next is we're waiting for election results to be certified and then there will be a proclamation by the Governor because we're dealing with a constitutional amendment to the Arizona State Constitution."

There's also a small window for results to be challenged, however, the likelihood of this proposition not becoming a law is slim.

"The fact it was approved by the voters makes a clear path for getting it across the finish line as part of the state constitution," Lopez said.

After the canvassing and certification of election results, it's believed Governor Katie Hobbs will sign Proposition 139 at the end of the month. And when that happens, Love says it'll be monumental.

"This is a resounding victory of the people of Arizona," she said. "Especially people who can become pregnant, providers who provide abortion care, they can rest easier now knowing we passed Proposition 139 and those protections are in our state constitution."

Arizona also has dozens of abortion restrictions and laws in place which will conflict with Proposition 139 once the state constitution is amended. It's likely we'll start seeing some legal challenges to overturn those as well.

12News also reached out to It Goes Too Far Campaign, a group that's opposed the measure. A statement was sent that said:

"Today begins a dangerous era for girls and women and puts Arizona on par with California when it comes to unlimited and unrestrained abortion law. Not because Arizonans are radical on abortion, but because proponents bombarded them with lies, manipulated them with fear, and withheld critical details. The passage of Prop 139 comes after a $35 million deception campaign that boldly lied to voters about current abortion law and care for pregnancy complications. 
It Goes Too Far Campaign Manager Leisa Brug puts the blame on unchallenged lies, “Proponents repeatedly told Arizona voters that there was a ban on abortion and women would have to be on death’s door before doctors could treat them for miscarriages or late term complications. The fact is none of that is true; many voters were dupped." 
Despite It Goes Too Far and allied warnings, proponents’ misinformation went unchallenged, doing a grave disservice to voters who would have voted No if they had known the truth: abortion is already legal in Arizona, and state law already protects miscarriage and late term crisis complications threatening the woman’s health. Brug pointed out, “Proponents built their campaign around lies and dodged any real push-back. They cannot now claim Prop 139 passed for any other reason than what they told voters, which was completely false.”
Brug went on to praise the massive grassroots effort to inform voters the dangers Prop 139 poses to girls, women, and the unborn, “I have never seen a more motivated, empowered, and committed mass of volunteers tirelessly reaching out to voters with the facts, and educating them on the health and safety risks to women.” Brug continued, “I fear for the girls who will be left alone with do-it-yourself abortions, without medical doctor oversight and safeguards, without their parents’ knowledge and guidance, and without knowing the risks involved. And I grieve the many senseless abortions to come, especially those done after the fetus can survive outside the womb.”
The fight against extreme abortion laws will continue. Arizonans who know the harm of unfettered abortion will never stop telling the truth about abortion or working toward real healthcare for women and protections for the unborn."

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