PHOENIX — Republican lawmakers are apparently ditching the idea of repealing Arizona's 160-year-old ban on abortion in favor of undermining a planned voter initiative that would protect the right to an abortion, according to a 24-page Power Point deck that was inadvertently leaked Monday by House Republicans' attorney.
Linley Wilson, general counsel for the House majority, had intended to email the document to the 31 Republican members. Instead, Wilson sent it to all 60 members - Republicans and Democrats - and attempted to retrieve it. By then it was already in the hands of several Capitol reporters and racing around the state via text and email.
Elements of the new plan could be rolled out during the next House floor session, at 10 a.m. Wednesday.
A landmark Arizona Supreme Court ruling last week upholding the Civil War-era abortion ban thrust Republicans into a new political universe.
The long-sought goal of banning abortion was achieved. But that dramatically heightened the risk of Republicans losing the party's slim one-vote majorities in both the House and the Senate, as well as imperiling GOP candidates all the way up the ticket.
Several Republican members from legislative swing districts, including the spouse of a justice who was in the court's majority, rebelled. They wanted to see the ban repealed.
But a raucous floor session last Wednesday - the day after the high court's ruling - ended with a swing-district representative, Matt Gress of Phoenix, backing down after pushing for a repeal of the abortion ban.
There still remains a path for a repeal to be considered.
All four options in the House Majority plan contain varying degrees of explicit restrictions on when a pregnancy can be legally ended - from none to no later than six weeks.
The document lists "reasons to proceed":
- "Changes narrative - Republicans have a plan! And it's much more reasonable than the AAA (Abortion Access Act) initiative."
- "Plan A could potentially pull voters from AAA initiative."
- "Puts Democrats in a defensive position to argue against partial birth abortions, discriminatory abortions, and other basic protections."
The so-called "Plan A" initiative, also known as Phase 1, was recommended by Wilson. It would mimic the Arizona Abortion Access Act, at least in appearance.
A suggested short title, such as "Arizona Abortion Protection Act," might mislead voters. The initiative's language would protect the Legislature's authority to regulate abortion in the state Constitution.
"They're just trying to eke out a position somewhere that will confuse Arizona voters," Chris Love, spokeswoman for Arizona for Abortion Access, said in an interview.
"Do they want a complete ban from 1864 to be the law in 2024? I would say yes, they absolutely do."
Arizona for Abortion Access, the initiative organizer, has gathered more than 500,000 thousand signatures to get on the November ballot, far more than the roughly 380,000 required. Organizers say their goal is 800,000 signatures by the early July deadline.
None of the new House proposals would repeal the Civil War era near-total ban on abortion. That law could take effect as soon as mid-June and would be in effect through the November elections.
Republican House Speaker Ben Toma has said he doesn't support repealing the ban.
Toma opposes abortion but also must contend with his Republican congressional primary in a deep red West Valley district.
"The document presents ideas drafted for internal discussion and consideration within the caucus," Toma said in a prepared statement.
"I've publicly stated that we are looking at options to address this subject, and this is simply part of that."
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