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Why the language on the Kansas abortion ballot is so confusing

It will be confusing for voters to figure out whether it’s ‘yes’ or ‘no’ that preserves abortion rights

On Tuesday, voters in Kansas will be voting on whether the state’s constitution protects the right to an abortion.

On one hand, this vote could be seen as a litmus test for how a traditionally conservative state reacts to the US supreme court overturning Roe v Wade, which guaranteed the right to an abortion nationwide.

But this election may not be an accurate picture, because the text on the ballot is so hard to understand clearly. Republicans in the state legislature wrote the language on the ballot last year, and ever since experts have argued it is purposefully confusing and misleading.

To be clear:

  • Voting “yes” would mean supporting an amendment that would change the Kansas state constitution so it no longer protects abortion, overturning a 2019 state supreme court ruling.
  • Voting “no” would mean the state constitution continues to protect abortion rights.

On the ballot, however, it’s not that simple. Let’s take a look.

Consitutional Amendment
Vote Yes or No

Explanatory statement. The Value Them Both Amendment would affirm there is no Kansas constitutional right to abortion or to require the government funding of abortion, and would reserve to the people of Kansas, through their elected state legislators, the right to pass laws to regulate abortion, including, but not limited to, in circumstances of pregnancy resulting from rape or incest, or when necessary to save the life of the mother.

A vote for the Value Them Both Amendment would affirm there is no Kansas constitutional right to abortion or to require the government funding of abortion, and would reserve to the people of Kansas, through their elected state legislators, the right to pass laws to regulate abortion.

A vote against the Value Them Both Amendment would make no changes to the constitution of the state of Kansas, and could restrict the people, through their elected state legislators, from regulating abortion by leaving in place the recently recognized right to abortion.

Shall the following be adopted?

§ 22. Regulation of abortion. Because Kansans value both women and children, the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion. To the extent permitted by the constitution of the United States, the people, through their elected state representatives and state senators, may pass laws regarding abortion, including, but not limited to, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother

Yes
No

Kansas abortion referendum language

This is what Kansas voters will see when they decide whether to amend the constitution to no longer protect abortion.

Ballot: The ballot says a "yes" vote would "affirm there is no constitutional right to abortion".

Reality: To be clear, a "yes" vote changes the Kansas constitution and takes away the constitutional right to an abortion.

Ballot: The ballot says a "yes" vote would ban the "government funding of abortion.

Reality: Kansas already bans taxpayer money from funding abortions.

Ballot: The ballot says "yes" vote would "reserve to the people" the right to regulate abortion. It says a "no" vote could "restrict the people" from regulating abortion.

Reality: Federal and state constitutions often protect individual rights from being infringed upon by government policies.

Ballot: The ballot explicitly mentions what kind of exceptions an abortion ban could have, like for pregnancies resulting from rape or incest.

Reality: This vote does not stop the legislature from passing a complete abortion ban, with no exceptions from rape, incest or life of the mother.

Ballot: Above the areas where people cast their vote is the language of the proposed amendment.

Reality: This could be misinterpreted as the current law, which means people could cast a vote that is the opposite of their intent.

Ballot: Ultimately, the ballot language sows confusion in an effort to push people to vote "yes".

Reality: A "yes" vote means the state constitution would no longer protect abortion. A "no" vote means the state constitution would continue to protects abortion.

The end of the right to abortion in the United States will have devastating consequences around the world. A half century ago, the Supreme Court's landmark Roe v Wade decision inspired a new era of reproductive freedom in dozens of countries. The court's reversal will empower anti-abortion voices everywhere, threatening reproductive freedom and the right to control one’s destiny. 

The Guardian views reproductive choice as a fundamental human right and will pursue this story even after it recedes from headlines, with a focus on the people most impacted by restrictions. But we need your help to do this work.

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