A look at state races where reproductive rights are a key issue in next week’s elections

Geoff Bennett:

In the year-and-a-half since the U.S. Supreme Court overturned Roe v. Wade, abortion rights has been front and center in elections across the country.

And that will be true again on Tuesday, as races in several states could alter the abortion landscape. In Ohio, voters will decide whether to enshrine reproductive rights in that state's Constitution. And, in Virginia, control of the state legislature could decide the future of access.

Here for an on-the-ground look are Ohio Statehouse News Bureau chief Karen Kasler and Charlotte Rene Woods with The Richmond Times-Dispatch.

Karen, this amendment, as I understand it, goes beyond abortion access, and it seeks to protect contraception. What else does it do?

Karen Kasler, The Statehouse News Bureau:

It does. It goes beyond just abortion rights and also contraception, but also guarantees access to fertility treatments. It guarantees access to miscarriage care and continuing one's own pregnancy.

And that's kind of gotten some pushback from people who are opposed to this by saying that there's already miscarriage care allowed under Ohio law. And the amendment uses the term individual, instead of woman, which they say opens the door to by — problems with parental rights.

But the backers of this amendment have said parental rights will not be affected. And the attorney general's legal analysis of that also said that parental rights are not addressed in this amendment.

Geoff Bennett:

I know abortion rights supporters are winning in the money race. They have far outraised opponents.

How does that translate into voter enthusiasm? What's the expectation for Tuesday's vote?

Karen Kasler:

Well, $39 million raised by the supporters of Issue 1. And they have translated that into a lot of ads. So there's a lot of interest on that side.

The no side has raised about $27 million, so fewer ads. But what we're seeing is a lot of interest in early voting, much more than we might expect in an odd-year election. And I think that there's a lot of excitement about deciding these issues, because it's not only just abortion rights, but also marijuana legalization and regulation and taxes. So that's important for a lot of people as well.

Geoff Bennett:

And, Charlotte, the entire state legislature in Virginia is up for grabs this year. Republicans are looking to flip control of the state Senate. And Democrats warn that that could give the GOP the power to pass abortion restrictions.

Is that what this election is turning on? What are you hearing from voters?

Charlotte Rene Woods, The Richmond Times-Dispatch:

Abortion is definitely one of the I would say top two. I think inflation and abortion are both very much on voters' minds right now.

I mean, we're all feeling the weight of inflation. But then abortion, Virginia is the least restrictive state, Southern state, right now when it comes to access. Our current law allows abortions up to 26 weeks, with some rare exceptions for later-term abortions that three physicians have to sign off on.

Most of the Republicans are proposing a Governor Glenn Youngkin-backed proposal for allowing abortions up to 15 weeks with exceptions afterwards. There's the nuance there between the weeks that we will find out next week what we're going to go with. And though all 140 seats are up for election, only about a dozen are actually competitive.

And it's very competitive. And it's very competitive. This is one of the most expensive off-off-election years. And Virginia has an election every year and always tends to garner national attention. But this year, with abortion at stake, it's definitely been a big one.

And I have spent some time down at, like, the Tennessee border, the North Carolina border. Abortion funds are reporting more of an increase in out-of-state patients coming in seeking care. So, yes, it's definitely a big one this year.

Geoff Bennett:

Well, as you mentioned, Virginia is the last Southern state without a GOP abortion ban or abortion restrictions. What are the bigger implications for this race?

Charlotte Rene Woods:

I think it will also determine how much of an appetite there is nationally for restrictions, because we had 49 years of Roe v. Wade saying that this was a federal issue.

Most states that did have restrictions, like Virginia's 26 weeks, North Carolina's used to be 20 weeks, and there's no national definition for fetal viability. It's sort of a case-by-case basis from — that doctors make. And it usually falls between 20 and 26 weeks.

So — and then we remember, when Roe fell, obviously, Lindsey Graham was proposing a federal 15-week ban. So, here in Virginia, you have got a spectrum of support from Republicans, though most are publicly backing the 15-week proposal. Democrats are pushing hard to say — to look at what states like Ohio are attempting to do, which is enshrine the protections into the state's Constitution.

That will be a whole, long process if that ends up being the case. But, yes, this is one of the top issues on voters' minds this year. It will determine the political landscape around abortion access and restriction, I think the same story that every other state has been telling in the past year.

Geoff Bennett:

And, Karen, how will this Ohio amendment serve as a testing ground for statewide abortion fights expected next year, 2024?

Karen Kasler:

I think what's interesting is that Ohio has no statewide candidates on the ballot, only these two issues, abortion rights and recreational marijuana, along with local issues. So that's a big deal.

Also, Ohio does have a ban on abortion after six weeks. It's currently on legal hold. So, right now, the ban is at viability. And so there had been a lot of talk about what might happen to that six-week ban. It would certainly almost certainly fall if indeed this issue does pass.

But there's some promises being made by Republicans, including Governor Mike DeWine, that, if this issue fails, they will go back and revisit that six-week ban, because it includes no exceptions for rape or incest, which he acknowledges that a lot of people don't support. A lot of people want to see those exceptions.

Geoff Bennett:

And, Charlotte, based on your reporting, are there any takeaways that Democrats and Republicans nationally could learn from what's happening in Virginia right now?

Charlotte Rene Woods:

I think some of it is the messaging. It's the B-word, ban. It describes an action, but it is also being used as a label on these proposals.

So, Democrats are hurling the word ban at Republicans. Republicans are brushing it off. They really don't let that word attach to their proposal. And the reality is, current law bans most abortions after 26 weeks, and the proposal would ban most abortions after 15 weeks.

So it's really interesting seeing the political messaging around this. But I think, at the voter level, it's a little bit more simplistic. I think people just really care, hey, if I support this do I want to make sure that myself, my family member, my friend can get this procedure if they need it or want it, or, hey, I don't support this, what can I do to make sure that there are less abortions happening?

Geoff Bennett:

Charlotte Woods with The Richmond Times-Dispatch and Karen Kasler with Ohio Statehouse News, we appreciate your reporting and your insights.

Karen Kasler:

Thank you.

Charlotte Rene Woods:

Thanks.