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Abortion rights on ballot in California, Kentucky, Michigan, Vermont


Former U.S. Secretary of State Hillary Clinton listens as she’s introduced by Jodi Hicks, President and CEO of Planned Parenthood Affiliates of California and Co-Chair of the Yes on Prop 1 campaign, during a Planned Parenthood clinic in San Francisco, Calif., on Thursday, Oct. 13, 2022.

Jane Tyska | Digital First Media | East Bay Times via Getty Images

Follow CNBC’s live blog covering Tuesday’s midterm elections here.

Voters in California, Kentucky, Michigan and Vermont will decide during the midterm elections whether abortion is protected under their state constitutions.

But Michigan and Kentucky are shaping up as the two biggest battlegrounds on abortion in the midterms. Michigan is poised to become a safe haven of constitutionally protected abortion rights in the Midwest, where access is shrinking.

Kentucky, on the other hand, is set to entrench its abortion ban unless reproductive rights activists pull off an upset victory in the conservative Southern state.

“When changing the constitution, you’re thinking about the future — putting in place protections that will last decades and perhaps hundreds of years,” said Elizabeth Nash, principal policy associate for state issues at the Guttmacher Institute.

The Supreme Court upended U.S. politics in June when it overturned the landmark Roe v. Wade ruling, which protected abortion as a constitutional right nationwide for nearly 50 years. A dozen states swiftly banned the procedure in the wake of the high court’s ruling.

Democrats have made abortion rights central to their campaign to maintain control of Congress and expand their majorities in the midterms. President Joe Biden has vowed to codify Roe v. Wade through law if voters elect more Democratic senators and the party keeps the House.

But Americans appear more concerned with the economy. Just 10% of voters said abortion was the most important issue ahead of Tuesday’s midterms while 36% said inflation matters the most, according to a November Quinnipiac Poll.

Right now, Democrats and Republicans are in a dead heat for the Senate, while most analysts believe the GOP will retake the House. This means reinstating abortion rights at the federal level is unlikely in the near term. As a consequence, the battle over abortion will likely continue to play out at the state level for the foreseeable future.

Here’s what you need to know about Tuesday’s referendums.

Kentucky

In conservative Kentucky, voters will either accept or reject an amendment that explicitly says the state constitution does not recognize abortion as a right.

Kentucky immediately banned abortion after the Supreme Court overturned Roe. It is now a crime for a doctor to perform the procedure, punishable by up to five years in prison. There is an exception for when the woman’s life is in danger, but not for victims of rape or incest. A woman cannot be prosecuted for having an abortion.

Democratic Gov. Andy Beshear said the constitutional amendment “would protect and keep in place the most extreme law…



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Abortion rights on ballot in California, Kentucky, Michigan, Vermont