American Oversight Announces Investigation of Attacks on Direct Democracy Intended to Thwart Abortion Access Ballot Measures

Today, American Oversight is announcing its ongoing investigation into efforts by public officials and conservative interest groups to undermine democracy by sabotaging abortion access ballot measures, which will be considered by voters in ten states this November.

Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, voters in seven states — California, Kansas, Kentucky, Michigan, Montana, Ohio, and Vermont — have protected the right to abortion access and reproductive care in their state constitutions through ballot initiatives. 

This year, ballots in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota will include measures aimed at protecting abortion. But these citizen-led initiatives have drawn extensive and significant attacks, with public officials supporting efforts to sabotage these measures, and in many states, directly attempting to make passing ballot initiatives more difficult. 

American Oversight has filed public information requests in seven states in an attempt to learn more about the attempts to undercut these ballot initiatives nationwide.

Statement from American Oversight Deputy Executive Director Liz Hempowicz:

“There is deep support for access to safe abortion care across the country, but that doesn’t matter to anti-choice officials willing to supplant the will of the voters with their unpopular conservative agendas. 

“With fewer than 70 days until the election, the anti-democracy movement is openly attempting to sabotage direct democracy to serve its own political agenda, and the public has a right to know how anti-abortion groups and elected officials are attempting to implement anti-democratic changes.”

In states where abortion ballot initiative campaigns began, public officials and conservative interest groups worked to undercut them by challenging signatures, devising competing initiatives meant to confuse voters, and filing suit to dilute the power of citizen-led initiatives and prevent voters from having the opportunity to weigh in this November.

American Oversight obtained documents from the office of Missouri Sen. Mike Moon detailing efforts in the Missouri House and Senate to amend the state’s ballot initiative process to make it more difficult for Missouri voters to have a direct say on laws that affect them. The ultimately failed proposal by the Missouri legislature would have required a majority vote in five of the state’s eight congressional districts as well as a statewide majority to approve constitutional amendments.

These efforts to stifle ballot initiatives came after 380,000 Missourians — more than double the state’s requirement — signed petitions to get the Right to Reproductive Freedom Initiative (Missouri Amendment 3) on the ballot. Though the attempt failed, elected officials working to undercut the will of the people is troubling — and not isolated to Missouri.

In its records requests in Missouri, American Oversight is seeking communications about the “decline to sign” initiative, as well as communications with anti-abortion groups from the Governor, Secretary of State, Attorney General, and key state legislators.

American Oversight has also made requests in Montana, Nebraska, and Nevada, asking the respective states’ offices of the Attorney General, Governor, and Secretary of State for records related to upcoming abortion-related ballot measures. In Florida, requests were made to the Attorney General, the Department of Law Enforcement, and the Secretary of State.

Similarly, in Arizona, American Oversight has made records requests seeking Republican Arizona House of Representatives leadership and staff communications concerning their strategy to address the state’s abortion rights ballot initiative. Additionally, requests were sent to multiple legislators and the state treasurer, seeking communications with anti-abortion figures, with certain external state officials, or about abortion and ballot measures.

Additionally, following Ohio’s passage of the Right to Make Reproductive Decisions Including Abortion Initiative (Ohio Issue 1) in 2023, American Oversight sent requests to the Governor and four state representatives seeking their external communications with anti-abortion figures, and later sent requests to the Attorney General and State Medical Board seeking guidance regarding the implementation of the passed amendment, documents related to the amendment, and any complaints submitted related to the implementation of the amendment.

More detail on American Oversight’s investigation is available on our website. It will be updated as more documents are received.