Credit: roibu/Shutterstock.com State Constitutional Amendments Should Get Election Day Voting
The Kansas amendment was intentionally submitted on a low-visibility election day. States that permit this undemocratic tactic would be wise to reform their amendment procedures, together with other statewide referendum procedures.
August 07, 2022 at 10:00 AM
2 minute read
All eyes this month were on the state of Kansas, where the legislature had proposed a state constitutional amendment authorizing it to outlaw abortion. This would have displaced a recent Kansas Supreme Court decision holding that its constitution protected women's right to terminate a pregnancy. The Kansas referendum was seen as an early test of public opinion after the United States Supreme Court's decision in Dobbs to overturn Roe v. Wade.
The Kansas Legislature had intentionally not placed the proposal on the general election ballot, but rather included it on a primary election day, apparently hoping for a much lower turnout. The Pennsylvania Legislature does this too, as it plans to do with its anti-abortion amendment and several other voter suppression proposals. This tactic is simply undemocratic.
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